A Northwestern Ontario community fined $15,000 for failing to recognize Pride Month is seeking a judicial review of the penalty.
The Township of Emo is requesting a court review of the Ontario Human Rights Tribunal’s Nov. 20 decision that ordered the town to pay $10,000 and Mayor Harold McQuaker to pay $5,000 to the LGBT advocacy group Borderland Pride, the town said in a Dec. 19 press release.
“As the matter is proceeding to the Divisional Court, we will not be commenting further at this time,” the town said.
The issue began four years ago when the town council voted 3-2 against Borderline Pride’s request to declare June 2020 Pride Month and to fly or display an LGBT flag for a week during that month.
Borderland Pride filed a complaint and the tribunal sided with the LGBT group, saying the conduct of the mayor and the municipality was “discriminatory.” The tribunal said failing to designate June 2020 as Pride Month in the township of roughly 1,300 residents was a violation of the Ontario Human Rights Code.
McQuaker has refused to pay his fine, calling it “extortion.” He and the town’s CAO Crystal Gray were also ordered to take sensitivity training—another measure McQuaker has refused.
In response, Borderland Pride garnished the mayor’s bank account, saying it was entitled to use legal means to enforce payment.
“Sure, sex is great, but have you ever garnished your mayor’s bank account after he publicly refused to comply with a Tribunal’s order to pay damages?” a Dec. 6 Borderland Pride post on Facebook said.
“That is how you enforce a court order for the payment of money,” the group added in a comment on the post. “The Tribunal’s judgment is not optional.”
McQuaker previously said the town would decide at its Dec. 17 council meeting if it would pay the $10,000 fine. The town’s press release does not give any details about council’s discussions on the matter, indicating only that it planned to challenge the fine.
“The Township does wish to state that it made a Declaration of Equality in 2022, which remains in effect today,” the press release added.
The declaration said the town recognizes “the dignity and worth” of all people and groups, including members of the LGBT community.
“The Township will strive to ensure Emo is a welcoming community and a wonderful place to live, free of discrimination, harassment, and hate—where all are welcome,” the declaration reads.
Emo is 380 kilometres west of Thunder Bay near the Ontario-Minnesota border.
