Anti-apartheid pledge would open Brampton to ‘significant legal and financial risks’: report

A screenshot from a video shared by Apartheid-Free Network shows destruction in Gaza. (Photo:
American Friends Service Committee on YouTube)

Signing onto a controversial pledge committing municipalities to take action against ethnic cleansing in Gaza would open the City of Brampton up to “significant legal and financial risks,” according to a new report.

Brampton City Coun. Gurpartap Singh Toorfirst first brought the pledge from the Apartheid-Free Network to council in October, and introduced a motion calling for an end to “all military operations by Israel in Gaza and facilitating full, unfettered humanitarian aid access to the region.”

The city signed onto the pledge “in principle” last month following push back from Jewish community groups, and held off officially taking the pledge pending a report from staff.

But signing onto the pledge is outside “the scope” delegated to municipalities by the province, and could put Brampton’s procurement policies in conflict with trade agreements, like the Canada–United States–Mexico Agreement (CUSMA), the report shows.

“These trade agreements require the City’s procurement process to be based on non-discrimination practices…the City may face legal exposure if decisions are viewed as discriminatory or arbitrary,” the report from city staff going to council on Wednesday reads.

READ MORE: Antisemitism group calls on Brampton to walk back its support for Palestine

Taking the pledge “could create an expectation” that the city would have the authority to direct Ontario Municipal Employees Retirement System investments.

“The Apartheid Free Communities Pledge raises significant legal and financial risks, particularly regarding the procurement of goods and services and the City’s legislative-mandated participation in the Ontario Municipal Employees Retirement System (OMERS),” the report concludes.

Staff are recommending the city “does not proceed with the Apartheid Free Communities Pledge due to the legal and financial risks arising from the pledge’s numerous principles.”

Brampton City Council will have an opportunity to discuss the report on Wednesday before making a decision.

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