communications general correspondence toronto … · in case of zundel, re, 2005 fc295 (canlid, the...

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Communications 1 COMMUNICATIONS GENERAL CORRESPONDENCE TORONTO PUBLIC LIBRARY BOARD MEETING December 11, 2017 It is recommended that the Toronto Public Library Board: 1. receives the following communications regarding Agenda Item No. 4 Community and Event Space Rental Policy Revisions for information: (a) John Tory, Mayor or Toronto (b) East Enders Against Racism (c) Susan Benton, President and CEO, Urban Libraries Council (d) Peter Bailey, Chair, Canadian Federation of Library Associations (e) James L. Turk, Director, Centre for Free Expression, Ryerson University (f) Paul Takala, Chair, Canadian Urban Libraries Council (g) Stephen Abram, Executive Director, Federation of Ontario Public Libraries (h) James LaRue, Director, American Library Association, Office for Intellectual Freedom (i) Berl Nadler, Chair; Barbara Bank, Vice Chair, GTA; Noah Shack, Interim Vice President, GTA; The Centre for Israel and Jewish Affairs (j) Leslie Weir, President, Ontario Library Association 2. receives Communication (a) from Lindsay Colley, Vice Chair, Toronto Public Library Board dated November 27, 2017, resigning from the Toronto Public Library Board effective December 31, 2017, for information. 5.

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Page 1: COMMUNICATIONS GENERAL CORRESPONDENCE TORONTO … · In case of Zundel, Re, 2005 FC295 (CanLID, the Federal Court, at para. 49, ... • EEAR Letter Regarding TPL and WhiteSupremacy

Communications 1

COMMUNICATIONS

GENERAL CORRESPONDENCE

TORONTO PUBLIC LIBRARY BOARD MEETING – December 11, 2017

It is recommended that the Toronto Public Library Board:

1. receives the following communications regarding Agenda Item No. 4 – Community

and Event Space Rental Policy – Revisions for information:

(a) John Tory, Mayor or Toronto

(b) East Enders Against Racism

(c) Susan Benton, President and CEO, Urban Libraries Council

(d) Peter Bailey, Chair, Canadian Federation of Library Associations

(e) James L. Turk, Director, Centre for Free Expression, Ryerson University

(f) Paul Takala, Chair, Canadian Urban Libraries Council

(g) Stephen Abram, Executive Director, Federation of Ontario Public Libraries

(h) James LaRue, Director, American Library Association, Office for Intellectual

Freedom

(i) Berl Nadler, Chair; Barbara Bank, Vice Chair, GTA; Noah Shack, Interim

Vice President, GTA; The Centre for Israel and Jewish Affairs

(j) Leslie Weir, President, Ontario Library Association

2. receives Communication (a) from Lindsay Colley, Vice Chair, Toronto Public

Library Board dated November 27, 2017, resigning from the Toronto Public Library

Board effective December 31, 2017, for information.

5.

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l.a.

July 26, 2017

Vickery BowlesChief LibrarianToronto Public Library789 Yonge Street,Toronto, Ontario M4W 208

Dear Ms. Bowles,

I am writing in follow up to the recent discussion which took place, largely through the media,on the matter of the rental of library facilities to groups or individuals tied to racist ordiscriminatory views and activities.

The media attention came about as a result of the rental of a room at the Richview Public Libraryfor use by a group of individuals with well-known histories of hateful actions and commentariesincluding but not limited to white supremacist and anti-Semitic speech and behaviour.

At that time, I requested that Toronto Public Library officials cancel this particular room rental,and in response, I was informed that both legal advice on freedom of expression and establishedTPL policy prevented such a cancellation.

I know the entire area of freedom of expression and any limits on it are both legally complicated

and politically controversial, but to me it just isn’t right that people who have a decades longhistory of using hate speech and who have in some cases been banned from places such asParliament Hill, should be easily able to rent a room in a Toronto Public Library.

Toronto’s superb public libraries have been at the forefront of promoting and protecting diversity

and inclusion in the City, and they are of course financed with public ftmds which carries with itthe need to respect our shared values in the activities and policies of the library system. To methis would mean rental of library facilities to a group with well-known racist views would not beallowed especially in a case where literally hundreds of alternate non-public sites were available,

but that wasn’t what happened in this instance.

:7

John ToryMa’, or

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Obviously, one of two things did happen. Either the established policy and the legal adviceunderlying it were at odds with my views expressed above (which I believe are in keeping withthose of a majority ofTorontonians), or, the person administering the policy in this case made anerror. I note that on the library’s own website it says a staff member ‘will ask you some questionsto make sure the facilities are appropriate for your use.” It is unclear whether or not thathappened in this instance.

Either way, the result was not one we can afford to see repeated both because I believe it wascontrary to the City’s own policies with respect to the use of public spaces and buildings, andbecause it was inconsistent with the shared values of Torontonians.

Accordingly, I am writing to confinn my request as Mayor that you undertake a formal review ofthe TPL’s policy with respect to rental and other use of library facilities by outside groups andindividuals. Ideally,! would like to have the results of that review in hand by this Fall.

In making this request, beyond the very capable people on your team who will advise you onthese complex issues, I would ask that your review include some degree of consultation withinterested panics and stakeholders in the community. I know that CIJA has done a considerableamount of research on this intersection of law between protecting freedom of expression andprotection against hate and racism, and I would urge you to also speak with respectedorganizations like the Canadian Civil Liberties Association to gain their perspective.

While I recognize that you are accountable to the Library Board, I would express the hope thatyour ultimate report will contain not only analysis of the law as referenced above, but alsospecific recommendations on changes to the policy and how to ensure its consistent application.

I thank you, your staff, the Chair and the members of the Board in advance for their attention tothis matter. I believe our addressing it is fundamental to supporting our shared Toronto values ofinclusion and respect for all while still maintaining a healthy open democracy.

Sincerely,

fbhn ToryMayor of Toronto

CC: Mr. Ron Carinci, Chair of the Toronto Public Library Board

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11/2212017 SEAR Letter RarTpLandWhte&ç’emacy

‘Er EEAR Letter Regarding TPL and Whitesupremacy 1 J,—EAST ENDERS—AGAINST RACISM

August 3, 2017

Toronto Public Library Board789 Yonge StreetToronto, ONM4W 2G8

RE: White supremacist/neo—Nazi meeting at Richview Library

Dear Board Members:

We represent East Enders Against Racism (EEAR), a community group with more than 1,800 members

based in Toronto’s east—end neighbourhoods. We are committed to counteracting hate speech and hate

crimes in our communities, understanding and challenging the impact of racism on our dailyperspectives and experiences, and encouraging effective allyship through education and community—

building. We work to centre the voices of Black, Indigenous and People of Colour (BIPOC) and value thosewho wish to act as effective allies.

We are writing to express our deep concern and outrage at the Toronto Public Library’s (TPL’s) decision toallow library space at the Richview branch to be rented to a group of known white supremacists andneo—Nazis for a memorial event on july 12, 2017. The organizer, Paul Fromm, has Long been associated

with the white supremacist movement in Canada and has previously been denied admittance to thefederal House of Commons because of his racist views. One of the speakers, Marc Lemire, was formerlyinvolved with a neo—Nazi group known as the Heritage Front. In the case of Zundel, Re, 2005 FC295

(CanLID, the Federal Court, at para. 49, commented on the efforts of Mr. Lemire “to develop websites todisseminate messages of racial hatred and to incite violence.”

Many of our members contacted the TPL prior to this event via email, social media and direct phone calls

to communicate our belief that allowing this event to proceed would create an environment ofintimidation and constitute discrimination against other library users and employees, particularly those

who are BIPOC, Jewish and Muslim. Despite hearing these views and presumably knowing the history ofMr. Fromm and Mr. Lemire, the TPL made a decision to allow the event to proceed. The TPL has argued,

both in public statements and media interviews, that cancelling the event would constitute a violation ofthe right to freedom of expression in section 2W) of the Charter of Rights and Freedoms.

We strenuously object to the TPLs decision for two reasons. First, we acknowledge that the right to

freedom of expression in section 2W) of the Charter of Rights and Freedoms is a fundamental right.However, section 1 of the Charter recognizes that no Charter right is absolute and can be subject to

“reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”

In conducting an analysis under section 1, a public body such as the TPL must take into account other

Charter rights and values and its statutory duties.

We are dismayed thot the TPL’s public statements speak emphatically about the section 2W) freedom of

expression right of known white supremacists and neo—Nazis but make no reference to other important

Charter provisions, including the equality rights clause in section 15 and the interpretative requirementin section 27, which states that the Charter must be interpreted in a manner consistent with the

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11122J2017 EEAR Letter Regarding TPL and WhiteSupremacy

• EEAR Letter Regarding TPL and WhiteSupremacy

Second, the TPL has given short shrift to both the City of Toronto’s Human Rights and Anti—Harassment/Discrimination Policy Qnd its legal obligation to comply with the requirements of theOntario Human Rights Code (the Code). We submit that the TPL’s decision to allow a group of knownwhite supremacists and neo—Nazis to hold a memorial event on Library premises has created adiscriminatory and poisoned environment for BIPOC, Jewish and Muslim library users and employees. Indoing so, the TPL has violated sections 1 and 5fl) of the Code by discriminating and not providing equaltreatment with respect to library services and employment on the basis of race, ancestry, place of origin,colour, ethnic origin and citizenship.In our view, the TPL board could devise a policy compliant with the Charter of Rights and Freedoms thatprohibits applicants with a track record of promoting hatred or inciting violence from renting libraryspace. Such a policy would require the TPL to consider on a case—by—case basis whether renting space tosuch applicants would have a discriminatory impact on other library users and employees, particularlythose from traditionally marginalized groups. In doing so, the TPL would be required to not simplyconsider the applicant’s right to freedom of expression in section 2W) of the Charter but to also take intoaccount other important Charter provisions, such as the “reasonable limits” clause in section 1, theequality rights clause in section 15 and the interpretative requirement in section 27. In addition, the TPLwould be required to consider its obligations under the City of Toronto’s Human Rights and Anti-Harassment/Discrimination Policy and its statutory obligations under sections land SW of the Code.We would urge the TPL board to put such a policy in place. In addition, we would ask that you considerimplementing education and training for all TPL managers, employees and policy—makers on anti—oppression, anti—colonialism, anti—Slack racism, anti—Islamaphobia and the Holocaust/antisemitism.

Respectfully yours,

East Enders Against Racism

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ic.4 URBAN

LI BRARI ESCOUNCIL

November 27, 2017

Dear Toronto Public Library Board:

I am writing in regards to recent episodes that relate to the Toronto Public Library’scommunity and event space rental policy.

The Urban Libraries Council, representing nearly 150 leading metropolitan public librarysystems across North America, places the highest priority on equitable access to libraryresources — including community event space - for all of the public. And we understand thatfrom time to time, our policies and practices need to be re-examined and revised to ensurethat we continuously reflect the democratic values of our community and the role andresponsibilities of the public library.

Two recent requests for use of the Toronto Public Library’s public space by individuals and/ororganizations associated with far right causes including white supremacists prompted the TPLexecutive staff to review and revise its Community and Event Space Rental policy withguidance and support of the City of Toronto legal staff and an external law firm. I recognizeand applaud the Toronto Public Library’s commitment to ensuring its policies and behaviorreflect the Canadian Charter of Rights and Freedoms along with the values articulated in theAmerican Library Association (ALA) Library Bill of Rights.

These are challenging times, with an unfortunate increase in hate speech against people andgroups who are diverse in race, religion, gender, nationality, political-orientation and more. Infact, in 2016, Vickery Bowles, the Toronto City Librarian, issued a statement that in thestrongest terms renounced anti-Semitic graffiti that was scrawled on a library facility. Thatstatement stands as a testament to the TPL’s commitment to access for all within the boundsof Canadian democratic principles and unacceptable hate speech.

As one of the most trusted civic institutions serving all people, the library will at times be put inthe position of serving people or groups with whom the staff disagrees. The Toronto PublicLibrary’s policy on hate speech is clear— it is not allowed in the library. And its revised policyrelating to Community and Event Space Rental affirms the guidelines upon which decisions canbe made in the future allowing for use of the public library and intellectual freedom.

H Str,:t. aI Suito j.O4JD West. Wnshingtun. DC 20003 202 !E0f%() U0,nhILIbrane3org INSPIRING LI8RARIES. TRANSFORMING COMMUNITIES.

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The Urban Libraries Council affirms the thoughtful actions of the Toronto Public Library andcontinues to look to TPL as a leader and premier model for all North American public libraries.

Sincerely,

Susan BentonPresident and CEOUrban Libraries Council

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Gnadian Federation of Lihrry Associations‘Fédération canadienne des associations de bibliotheques

Toronto Public Library Board789 Yonge StreetToronto, ON M4W 2GB

Via email: nnarshal[storontopubliclibraryca

RE: Discussion of TPL’s Community and Event Space Rental Policy

Dear Toronto Public Library Board members.

I am writing to you today, on behalf of the Canadian Federation of Library Associations —

Fédération canadienne des associations de bibliothéques (CFLA-FCAB)’5 Board ofDirectors with respect to your upcoming discussions regarding community use of publiclibrary space.

We are working in an increasingly complex and changing environment in which librariesfind themselves being challenged more and more on the core values of librarianship’.Discussions of restricting access and filtering information available to the public, onceassociated with countries governed by totalitarian regimes, are now creeping into localcommunities in Canada, where libraries are finding themselves defending the values of ademocratic society, not only to the public but to governments as well.

A democratic society, by definition provides equal protection of human rights, civil rights,civil liberties and political freedoms. These are the fundamental guidelines within whichlibraries operate.

Within this democratic society also lies the critical underpinnings of restrictions to ant-democratic rhetoric, hate speech, and racism. These forms of promotion and discussiondo not form part of free speech, are regulated by laws and policies, and are notsupported by libraries.

It is asensitivebalancing act that libraries find themselves in to ensure that thefundamental freedomsof a democratic society are maintained while at the same timeensuring that hateful acts are not.

Libraries have a core responsibility to safeguard and foster free expression and the rightto safe and welcoming places and conditions. To this end, libraries make available theirpublic spaces and services to individuals and groups without discrimination2, while takingmeasures to ensure these spaces are free from hate propaganda.

‘American Library Association, “Core Values of Librarianship”

2 cFLA-FCAB “Statement an Intellectual Freedom and Libraries” http://cfla-fcob.ca/en/guidelinesand-positicn-cers/statement-cn-inteIIectucl-freedom-and••libraries/

www.cfla-tcab,ca

November28, 2017

75 rue JollcocurGatinecu QC iSV lAB

1< mcc [email protected] a613,867. 7769

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Toronto Public Library has faced significant criticism for upholding Canadiansfundamental rights, both by the public ond by government. In order to be a trulydemocratic society, unpopular but fair decisions must be mode and upheld in apragmatic and legal manner, without personal opinion or bias. We believe that TorontoPublic Library acted in a manner such as this with the July 2017 incident that has led theBoard to this discussion.

We agree that TPL had proper policies and regulations in place and took all measures toensure that the group in question adhered to these guidelines. With this, there are alwaysopportunities to improve and build on existing policies.

The management at TPL has taken to this process very thoughtfully and methodicallyand with the changes being proposed to the Community and Event Space Rental Policy,sections on Purpose, Denial of Use and Regulations of Use we believe will strengthen thepolicy on what is tolerable and what is not and provide better support to library staff inthe decision-making process. At the same time, the Policy does not lase sight of thefundamental role of libraries to provide access to information, freedam of expression andan inclusive environment.

The Canadian Federation of Library Associations — Federation canadienne desassociations de bibliothèques (CFLA-FCAB) is the national vaice of Canada’s librarycommunities, representing provincial and territorial library associations across thecountry, as well as national and provincial sector-specific associations. We representpublic, academic, and research libraries and the professionals who work in them. CFLAFCAB exists to advance library excellence in Canada: champion library values and thevalue of libraries; influence national and international public policy impacting librariesand their communities: promote initiatives to advance reconciliation and understandIndigenous knowledge issues; and, foster collaboration and alignment on copyrightacross library communities.

We trust you will support and promote the fundamental rights of Canadians andcommunities that libraries serve.

Sincerely,

Peter BaileyChoir

cc. Vickery Bowles, City Librarian, Toronto Public LibraryKatherine McColgan, Executive Director

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RyersonUniversity

Centre for Free Expression Ryerson University, Centre for Free Expression

Faculty of Communication 350 Victoria St.

& Design Toronto, ON M5B 21<3 f eBy Email

November 28, 2017

Toronto PubLic Library Board789 Yonge StreetToronto, ON M4W 2GB

Dear Board Members,

I am writing in reference to your upcoming discussion of community and event space rentalpolicy in the aftermath of the controversy over the renting of space at the Richview Branch inJuly for a memorial for a lawyer who had been counsel for far-right clients in contentious freespeech cases.

Your discussion next week will be a very important one, especially at the present moment whenliberal democratic values are under intense attack from sections of both the right and the left. Asyou know our Charter ofRig/its and Freedoms recognizes four “fi.zndamental freedoms” inCanada. Specifically, it says:

“2. Everyone has the following fundamental freedoms:• (a) freedom of conscience and religion;• (b) freedom of thought, belief, opinion and expression, including freedom of the

press and other media of communication;• (c) freedom of peaceful assembly; and• ( freedom of association.”

Support for these freedoms is widespread in society — widespread, that is, until offensiveexpression is encountered. Then, an understandable, kneejerk reaction to suppress objectionablespeech all too often kicks in. That’s why constitutional protection for free expression is essential.Otherwise, unpopular views would almost always be suppressed by the majority.

Our courts have recognized this by restricting only the most extreme expression -- incitement toviolence and incitement or promotion of hatred. Recognizing that “hatred” has many meanings ineveryday discourse that could inappropriately be used to suppress free speech, Chief JusticeDickson, in Canada’s landmark hate speech case, R. v. Keegstra, wrote for the majority of theSupreme Court:

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“... the term hatred” connotes emotion of an intense and extreme nature that is clearlyassociated with vilification and detestation. As Cory J.A. stated in R. v. Andrews. supra,atp. 179:

Hatred is not a word of casual connotation. To promote hatred is to instildetestation, enmity, ill-will and malevolence in another. Clearly an expressionmust go a long way before it qualifies within the definition in [the CriminalCode].”

The importance of freedom of expression to democratic society, to human self-realization, and tothe advancement of knowledge has also been recognized and championed historically byuniversities and libraries. Many times, this has been difficult and unpopular. But then the defenseof our fundamental freedoms is only an issue in the face of controversial expression.

I would urge you to continue the Toronto Public Library’s long and proud commitment tointellectual freedom as you re-examine your community and event rental policy. Like otherpublic libraries across the country, the TPL have long made its facilities accessible to the publicby keeping rental fees modest and by imposing minimal restriction on who can use the libraryfacilities. That has ofien meant standing up to public pressure, whether from politicians, specialinterest groups or the media. As a society, we are all the better for your resolute commitment tofreedom of expression and assembly.

There was nothing in the July memorial service that was illegal. The fact that the views of theperson being memorialized were offensive to many in our society (including me) does not entitleus to prevent other members of the public from using our public library for the service. The onlygrounds for the library to refuse use, in my view, are if the proposed activity in IPL facilitiesinvolves illegal behaviour or disrupts or prevents others from using the library.

I appreciate the opportunity to share my views with you.

Sincerely,

James L. TurkDirector

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Canadian Urban Libraries Council

3 Conseil des Bibliothêques Urbaines du Canada

November 29, 2017

Toronto Public Library Board789 Yonge StreetToronto, ON M4W 2GB

Via email: [email protected]

RE: Discussion ofTPL’s Community and Event Space Rental Policy

DearToronto Public Library Board members,

I am writing to you today, on behalf of the membership of the Canadian Urban Libraries Council(CULC/CBUC), about your upcoming deliberations regarding community use of public library space.

In October CULC/CBUC convened a panel of Library CEOs to share the complex and changingenvironment in which libraries find themselves being challenged more and more on the core values oflibrarianship’. Discussions of restricting access to information and limiting the freedom of discussionis now being experienced in local communities across Canada, and libraries are finding themselvesdefending the values of a democratic society, not only to the public, but to governments as well. Duringthe panel challenges to art exhibitions, public speaking events, and room rentals were discussed andconventional wisdoms challenged.

Within this democratic society also lies the critical underpinnings of restrictions to anti-democraticrhetoric, hate speech, and racism.These types of promotion and discussion do not form part of freespeech, they are regulated by laws and policies, and they are not supported by libraries.

Libraries have a core responsibility to safeguard and foster free expression, and the right to providea safe and welcoming place.To this end, libraries make available their public spaces and services toindividuals and groups without discrimination1, while taking measures to ensure these spaces are freefrom hate propaganda.

Toronto Public Library has ced significant criticism for upholding Canadians’ fundamental rights, bothby the public and by government. In order to be a truly democratic society. unpopular but fair decisionsmust be made and upheld in a pragmatic and legal manner, without personal opinion or bias. CULC/CBUC colleagues believe Toronto Public Library acted in a manner consistent with this belief in the July20! 7 incident that has led the Board to this discussion.

We agree thatTPL had policies and regulations in place and took all measures to ensure that the groupin question adhered to these guidelines.With this in mind, there are always opportunities to improve andbuild on existing policies.We agreed that policies and procedures need to be reviewed and re-evaluatedin these challenging times.

I American Library Association.’CoreValues of Librarianship” http://www.ala.org/advocacy/intfreedom/carevalues2 CFLA-FCAB “Statement on Intellectual Freedom and Libraries”

http://cfl a-fcab. ca/e n/gold eli n es-and-position-papers/statement-on-intellectual-freedom-an d-libraries/

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Canadian Urban libraries CouncilConseil des Bibliothéques Urbaines du Canada

The changes proposed in the Community and Event Space Rental Policy strengthen the policy on what istolerable and what is not and provide better support to library staff in the decision-making process whilemaintaining a commitment to the fundamental role of libraries to provide access to information, freedomof expression and an inclusive environment The many CULCJCBUC member libraries will benefit fromTPL’s leadership and thoughtful approach to this issue.

The Canadian Urban Libraries Council is a national library group dedicated to working collaborativelyto build vibrant urban communities by strengthening the capacity of Canada’s urban libraries. Our 45member systems operate almost 700 points of access, and in 20 I 6 were used by citizens more than385,000,000 times.They represent approximately 80% of the country’s public library activity.

We trust you will support and promote the fundamental rights of Canadians and communities thatlibraries serve.

Sincerely,

Paul TakalaChair, Canadian Urban Libraries CounciCEO, Hamilton Public Library

cc. Vickery Bowles, City Librarian,Toronto Public LibraryJefferson Gilbert, Executive Director, Canadian Urban Libraries Council

2

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&drrgnion of La FIdirariun St’s . g.‘N ONTARIO BIBLIOTHEQUES‘ PUBLIC PUBLIQUES—. LIBRARIES DE [ONTARIO

ONE ‘JOKE FOR ONTARIO PUBUC LIBRARIES

Nov. 30, 2017

Toronto Public Library Board789 Yonge StreetToronto, ON M4W 2G8

Dear TPL Library Board of Directors:

I am writing to you as the executive director of the Federation of Ontario PublicLibraries. FOPL represents Ontario’s over 400 public library systems exceeding 1,000branches in virtually every Ontario community including First Nations reserves.

We are writing in support of the revisions to the TPL Community and Event SpaceRental Policy being proposed at your next Board meeting.

FOPL subscribes to the Canadian Federation of Library Association’s Statement onIntellectual Freedom and Libraries. This statement is attached and relevant sectionsquoted here:

“The Canadian Federation of Library Associations recognizes and values theCanadian Charter of Rights and Freedoms as the guarantor of the fundamentalfreedoms in Canada of conscience and religion; of thought, belief, opinion, andexpression; of peaceful assembly; and of association.

Libraries have a core responsibility to safeguard and foster free expression andthe right to safe and welcoming places and conditions. To this end, librariesmake available their public spaces and services to individuals and groups withoutdiscrimination.

Furthermore, in accordance with established library policies, procedures and dueprocess, libraries resist efforts to limit the exercise of these responsibilities whilerecognizing the right of criticism by individuals and groups.

Library employees, volunteers and employers as well as library governing entitieshave a core responsibility to uphold the principles of intellectual freedom in theperformance of their respective library roles.”

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This policy clearly navigates the fine line between freedom of expression andintellectual freedom by acknowledging:

• The Denial v/lice sections 4.4 (a) and 5.4(a) both state much more strongly that roombookings will be denied or cancelled when the Library reasoncthlv believes the purpose of thehooking is likely to promote, or would have the e/ject 0/ promotmg, discri,nmation. contemptor hatred u/am’ group, hatred for any person on the hasty oJrace. ethnic origin, place qforigin, citizenship, co/ow’, tuwestrv, language, creed (religion), age. sex, gender identity,gentler expression, marital c/a/us, family cia/us, sexual onentation, disability, politicalaffiliation, inenthership in a union or stat/association, receipt v/public asstctance, level ofliteracy or any other similar frictor.

• Under the same Denial of Use sections 4.4(b) and 5.4(b). violations of the Criminal Code ofCanada (including hate propaganda laws) and the Ontario Human Rights Code arespecifically referenced as unacceptable.

Most Public Library Systems in Ontario have adopted and posted the CFLA Statementof Intellectual Freedom and Libraries at their branches. Being on the front lines ofsupporting free expression in Canada can be a difficult space to provide leadership inour city, province and country. The revisions to your policy is well-researched, thoughtthrough and provides the context for navigating the difficult times we live in.

Sincerely,

Step1asi

Stephen Abram, MLSExecutive Director, Federation of Ontario Public Librariessabramfopl.castephen.abramiflgmail.comCel: 416-669-4855FOPL: 416-395-0746

The Federation of Ontario Public Libraries is a non-profit with a mandate to benefitOntario public libraries through advocacy, research, and marketing.

La Federation des bibliothéques publiques de l’Ontario est un organisme a but nonlucratif. Elle a comme mandat, de ropondre aux besoins de toutes les bibliothOques, enconcentrant leurs efforts dans Ia recherche, en marketing et en agissant commeplaidoyeur.

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Statement on Intellectual Freedom and LibrariesApproval History: — June 27, 1974 Amended November17, 1983; November 18, 1985; andSeptember 27, 2015

The Canadian Federation of Library Associations recognizes and values the Canadian Charterof Rights and Freedoms as the guarantor of the fundamental freedoms in Canada of conscienceand religion; of thought, belief, opinion, and expression; of peaceful assembly; and ofassociation.

The Canadian Federation of Library Associations supports and promotes the universalprinciples of intellectual freedom as defined in the Universal Declaration of Human Rights, whichinclude the interlocking freedoms to hold opinions and to seek, receive and impart informationand ideas through any media and regardless of frontiers.

In accordance with these principles, the Canadian Federation of Library Associations affirmsthat all persons in Canada have a fundamental right, subject only to the Constitution and thelaw, to have access to the full range of knowledge, imagination, ideas, and opinion, and toexpress their thoughts publicly. Only the courts may abridge free expression rights in Canada.

The Canadian Federation of Library Associations affirms further that libraries have a coreresponsibility to support, defend and promote the universal principles of intellectual freedom andprivacy.

The Canadian Federation of Library Associations holds that libraries are a key institution inCanada for rendering expressive content accessible and affordable to all. Libraries are essentialgateways for all persons living in Canada to advance themselves through literacy, lifelonglearning, social engagement, and cultural enrichment.

Libraries have a core responsibility to safeguard and facilitate access to constitutionallyprotected expressions of knowledge, imagination, ideas, and opinion, including those whichsome individuals and groups consider unconventional, unpopular or unacceptable. To this end,in accordance with their mandates and professional values and standards, libraries provide,defend and promote equitable access to the widest possible variety of expressive content andresist calls for censorship and the adoption of systems that deny or restrict access to resources.

Libraries have a core responsibility to safeguard and foster free expression and the right to safeand welcoming places and conditions. To this end, libraries make available their public spacesand services to individuals and groups without discrimination.

Libraries have a core responsibility to safeguard and defend privacy in the individual’s pursuit ofexpressive content. To this end, libraries protect the identities and activities of library usersexcept when required by the courts to cede them.

Furthermore, in accordance with established library policies, procedures and due process,libraries resist efforts to limit the exercise of these responsibilities while recognizing the right ofcriticism by individuals and groups.

Library employees, volunteers and employers as well as library governing entities have a coreresponsibility to uphold the principles of intellectual freedom in the performance of theirrespective library roles.

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50 East Huron Street Telephone 312 280 4226Chicago, Illinois 60611-2795 Toll Free 800 545 2433USA E-mail:[email protected]

www.ala.org/oif

ALAAmericanLibraryAssociation

Office for Intellectual Freedom

November29, 2017

Toronto Public Library Board789 Yonge StreetToronto, ON M4W 2G8

Via email: ninarshal kdtorontopubl iclibrarv.ca

Dear Toronto Public Library’ Board Members:

I am writing to you on behalf of the American Library Association’s Office for Intellectual Freedom. Weunderstand that you will be reconsidering your policies regarding access to meeting rooms in light of thecontroversy around the Barbara Kulaszka memorial meeting. Toronto Public is not the first North Americanlibrary to be dealing with new attempts to restrict access to library meeting rooms along ideological grounds.

Your revised policy reflects best practices in librarianship, and strikes a balance between free expression andmaintaining a safe and welcoming environment.

The American Library Association (ALA), in Article VI of our Library l3ill of Riuhts, states, ‘Libraries whichmake exhibit spaces and meeting rooms available to the public they serve should make such facilities available onan equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use.” In‘l’olilics it) American LibrarIes,” a recent interpretation of the Library Bill of Rights, we write, “The robustexchange of ideas and opinions is fundamental to a healthy democracy. Providing free, unfettered access to thoseideas and opinions is an essential characteristic of American libraries. Therefore, libraries should encouragepolitical discourse as part of civic engagement in forums designated for that purpose. Libraries should not ignoreor avoid political discourse for fear of causing offense or provoking controversy.” In both our countries, freespeech is the brand of the public library. It’s what we stand for. Sometimes it is our uncomfortable duty to remindour communities that free speech means more than the right to say or believe what no one objects to. Even whenthe speech is false or egregious, the best defense is exposure, not suppression. In the words of the late Justice ofthe United States Supreme Court. Louis ft Brandeis, “Sunlight is said to be the best of disinfectants; electric lightthe most efficient policeman.”

We also strongly endorse the “Statement on [ntellecwal Freedom and Libraries” by the Canadian Federation ofLibrary Associations / Fédération canadienne des associations de bibliothéques, which states in part, “... theCanadian Federation of Library Associations affirms that all persons in Canada have a fundamental right, subjectonly to the Constitution and the law, to have access to the full range of knowledge, imagination, ideas, andopinion, and to express their thoughts publicly. Only the courts may abridge free expression rights in Canada.”

Upholding its own policies does not, as some have claimed, “discredit the Toronto Public Library.” On thecontrary, maintaining a thoughtful infrastructure of policies and procedures based on well-established and dulyadopted values, is precisely how an institution establishes and maintains its credibility. The provision of publicspace does not imply an endorsement of the views of people who meet there.

LIBRARIESTRANSFCRM

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Institutions are tested by the times. Those that endure maintain their purpose, even against political pressure. Weurge you to retain the policy structure that has made Toronto Public the highly respected institution it is.

Sincerely,

American Library AssociationOffice for Intellectual Freedom

LIBRARIESTRANSFC RM

James LaRueDirector

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CIJA iiVickery Bowles

Chief Librarian

City of Toronto

789 Yonge St.

Toronto, ON M4W 2G8

November 30th 2017

Dear Ms. Bowles,

We are writing to express the full support of the Centre for Israel and Jewish Affair5 (CIJA) for theproposed changes to the Community and Event Space Rental policy at the Toronto Public Library (TPL).

CIJA is the advocacy agent of the Jewish Federations of Canada. We are a national, non-partisan, nonprofit organization, representing more than 150,000 Jewish Canadians affiliated through local Federationsfrom coast to coast. Our mission is to improve the quality of Jewish life in Canada by advancing the publicpolicy interests of Canada’s organized Jewish community.

CIJA connects the power of a strong, national network to regional efforts in every Canadian province and,as the Canadian affiliate of the World Jewish Congress, to international efforts worldwide. We combatantisemitism, bigotry, and discrimination in all its forms and advocate for fundamental rights andfreedoms, social justice, and support for the people of Israel.

In July 2017, space at the Richview Public Library was booked and used by prominent white nationalistleaders, despite their long record of promoting bigotry and their disturbing ties to the Neo-Nazimovement. In response, CIJA raised this issue and worked in partnership with the City of Toronto andToronto Public Library to review the relevant policies and propose practical changes.

We applaud the incorporation of language from the Hate Activity policy of the City of Toronto, whichprohibits the use of the City’s public facilities for discrimination, contempt, and hatred. It is our beliefthat, given the Toronto Public Library’s commitment to provide a welcoming, supportive environmentfree from discrimination, the use of its facilities for the promotion of hatred against any person or groupcannot be tolerated.

CIJA also welcomes the changes to library procedures that enable staff to collect more information aboutthe purpose of room bookings, in order to accurately determine whether a proposed event adheres tothe Community and Event Space Rental policy.

We are confident that these policy changes will be helpful to your staff as a tool to help them navigatefuture requests for space. When the Library reasonable believes that space will be used to promote

The Centre for Israel and Jewish Affairs is the advocacy agent of the Jewish Federations of Canada cijaca

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contempt or hatred of a group on the basis of race, ethnic origin, colour, age, sex, gender, or creed, theproposed measures would prevent the exploitation of public resources to promote bigotry and hate.

Just as we strongly value freedom of speech and expression, we believe that these rights are underminedby those who cynically use them to promote hate. The implementation of the new policy will strike theright balance between respecting legitimate freedom of expression and preventing hate propaganda.

We reiterate our gratitude to the Toronto Public Library for taking these issues seriously and for takingthese vital and positive steps.

CIJA welcomes the opportunity to continue to work collaboratively with the Toronto Public 1.ibrary andthe City of Toronto in support of the implementation of the new policy. We will be voicing our support atthe next Toronto Public Library board meeting on December 11th, where these items are scheduled to beconsidered.

If you have any questions, please contact Madi Murariu, Associate Director, Ontario GovernmentRelations and Public Affairs at 416-728-6376

We look forward to hearing from you soon.

Sincerely,

Berl Nadler Barbara Bank Noah ShackChair, GTA Vice Chair, GTA Interim Vice President, GTA

The Centre for Israel and JewishAftaes is the advocacy agent of the Jewish Federations of Canada cija.ca

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cia 1.j.ontario library association

Toronto Public Library Board,789 Yonge Street,Toronto, ON M4W 2G8

Via email: [email protected]

November 29, 2017

Dear Toronto Public Library Board,

We understand that Toronto Public Library’s room booking policy will be reviewed andrevised due to the room booking at Richview Library this past summer for the memorial forBarbara Kulaszka.

On behalf of the Ontario Library Association board of directors, I would like providecomments and support.

First we would like to commend Toronto Public Library for ensuring that fair and balancedpolicies are in place to manage situations as they arise.

While every controversy is an opportunity to reflect upon and review procedures and policies,we would urge the Toronto Public Library to avoid any changes that weaken or contravenethe values embodied in the Canadian Charter of Rights and Freedoms.

It is crucial to the residents of Toronto that the public library continues to be a place thatinforms, resists censorship, and remains one of the few truly democratic institutions in ourcountry. At the same time public libraries must strive to be safe spaces that do not toleratediscrimination, contempt or hatred in the use of facilities. We encourage efforts to strengthenpolicies to ensure people feel welcome and not discriminated against.

The changes that are put forth to the ‘Community and Event Space Rental Policy, sections onPurpose, Denial of Use and Regulations of Use’ will serve to strengthen policy to ensurepeople feel welcome and not discriminated against and will act as a tool for staff to use.

For reference, the Ontario Library Association provides statements on Intellectual Freedomand Inclusiveness in Library Programming.

1

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We wish you success in strengthening policies that support intellectual freedom and ensurethe safety of the community.

Best Regards,

Leslie Weir, President

Cc Shelagh Paterson, executive director, OLA. [email protected]

0••

ontario library association2 Toronto SIreet. 3rd Floortoronto, ontario, canadan5c 2b6

amemberol PARTNERSHIP

phone: 416.363 3336toll-tree: 1.666 873.9667

lax: 416.941.9561toll-tree: 1,800.387,1181

email: [email protected]: www.accessola corn

2

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November 27, 2017 2 . ti..Mr. Ron CarinciChair, Toronto Public Library Board789 Yonge StreetToronto, ON M4W 2G8

Dear Ron,

It is with sadness that I submit this letter as official communication of my resignation from theToronto Public Library (TPL) Board, effective December31 2017. Due to personal reasons, Iam unable to continue to serve as a Board member.

I first joined the TPL Board in October 2012 because of my love for the library and for the City ofToronto. Over the past five years, as I have learned much more about the TPL and thewonderful people who work here, that love and respect has only intensified. This Library is trulya world-class institution and is foundational to the success of this great city.

It has been an honour and privilege to have served as a Board member, and Vice-Chair. Iwould like to express thanks to TPL staff and management, the Foundation, volunteers, usersand all the other library people’ who enable the Library to meet its vision of informing andinspiring Toronto and its communities. I will continue to support the Library in other ways andlook forward to connecting in the future.

All the best,

Lindsay Colley

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