Toronto ombudsman says City’s refugee housing decision ‘unfair’ and ‘harmful’; City manager disagrees

Toronto’s ombudsman says the city’s decision to stop allowing refugee claimants access to its shelter beds was “unfair, poorly planned” and ultimately “harmful.” However, the city’s manager says he disagrees with the report’s findings and will not direct city staff to implement any of its recommendations.

In a report released Thursday, Ombudsman Kwame Addo acknowledged the immense pressure Toronto’s shelter system is facing and the dedication shown by city staff to deliver shelter services during a difficult time. But he found the city’s decision to deny refugee claimants who were seeking shelter in spaces not specifically designated for refugees in 2022 and 2023 constituted “anti-Black racism” and “systemically discriminated” people on the basis of citizenship and race.

“For refugee claimants …the city’s decision played a significant role in the emotional distress they experienced. This left many feeling othered, invisible, and unwelcome in a city they hoped would provide safety and support,” said Addo.

The city began turning away refugees and asylum seekers from its at-capacity shelters at the end of May 2023, referring them instead to backlogged federal programs and arguing they needed more money from Ottawa to accommodate the influx.

Hundreds of new arrivals were left sleeping on a downtown sidewalk outside of the city’s shelter intake office before they were moved to local churches with the help of community advocates.

In July, city council amended its policy to ensure everyone “regardless of status” was able to access the shelter system when beds were available.

Addo went on to say despite the reversal the unfairness was prolonged for an additional two months as city staff delayed implementing the changes.

“Although unintended, the decision systemically discriminated on the basis of citizenship and race, contrary to the Housing Charter, the Human Rights and Anti-Harassment/Discrimination Policy, and the Ontario Human Rights Code,” said Addo. “It constituted anti-Black racism, as many or most affected refugee claimants were from African countries or of African descent.”

Among the 14 recommendations made by Addo, he calls for a clear process for documenting and communicating eligibility changes that affect refugee claimants, training for staff on the city’s own Anti-Black Racism Analysis Tool and on housing as a human right, and strengthening accountability and oversight mechanisms to ensure decisions align with the city’s previously-established commitments and policies.

City manager ‘disheartened’ by accusatory tone of report

However, in response to the report City Manager Paul Johnson said in a letter to Addo that he does not agree with the findings of the report and won’t take any further action in response to the recommendations made, beyond the work the city is already undertaking.

“I happen to disagree with some of the findings in this report and the need for us to action those recommendations. But let me be clear, to reject something would be to say that I do not respect the work of the ombudsman and the ombudsman’s office – that is untrue. I deeply respect it, in this case, we have some disagreements but we will continue to work on it,” Johnson said on Thursday. “Nothing was rejected.”

Johnson, who has worked for many years in the shelter system before becoming the city manager, added he was disheartened by the accusatory tone of the report in many places. He acknowledged on Thursday that the decisions made in 2023 that are the subject of the report came at a time when Toronto’s shelter system was under threat of not being able to respond to multiple needs.

“To suggest that this is a systemic way we deliver shelter services is just unfair. If we want to talk about disagreements about decisions in this timeframe, I’m all for that and we could have had that discussion. But this leads people to believe that this is something that is just the way we do business and it’s not,” he told reporters at City Hall.

“We are not perfect. We are always trying to get better. I think that this report instead of focusing on some key ways went to the heart of who people are.

“You ask me if I’m upset? I think it’s less of upsetness and more about I feel for Gord (Tanner) and his team, I feel for our public servants, I feel for the people trying to access this service and this is some of the toughest stuff we do on a daily basis.”

In his response to Johnson’s letter, Addo said he finds the city’s refusal to act on the findings “troubling.”

“Accountability is a cornerstone of good governance, and addressing these issues is critical to restoring public confidence and ensuring all residents are treated with dignity. True accountability requires meaningful action,” he said.

“It is especially disappointing that the city views the right to adequate housing in its Housing Charter as merely aspirational. During a housing crisis of this magnitude, we need stronger action and a commitment to putting these principles into practice.”

Toronto Mayor Olivia Chow said she welcomes the ombudsman’s report, adding it should be a wake-up call for all levels of government.

“I look forward to reading the Ombudsman’s report – this will need a thoughtful discussion at council – transparency is vital in Toronto’s shelter system,” she said in a statement on Thursday.

“This also needs to be a wake-up call for all orders of government. Funding for refugees needs to reflect the number of refugees seeking asylum in Toronto – currently funding is capped annually. Refugees have different needs than Toronto’s homeless population, our services need to reflect this reality and key to this is stable, predictable funding.”

Addo will present the report to City Council at its December meeting, asking the city to implement its recommendations.