Emo and McQuaker lose again: Tribunal dismisses reconsideration request
The Township of Emo and Mayor Harold McQuaker have lost their latest attempt to overturn a landmark Human Rights Tribunal of Ontario decision finding that they discriminated against Borderland Pride.
In a decision released today, the Human Rights Tribunal of Ontario dismissed the Township's and McQuaker's request for reconsideration of its November 2024 decision in Borderland Pride v. Emo (Township). The Tribunal concluded that the request for reconsideration was filed 597 days late, that the respondents offered “no meaningful justification” for the delay, and that they failed to establish any basis for reconsidering the original decision.
The ruling is the latest defeat for the Township and Mayor McQuaker in their continuing effort to escape responsibility for discriminating against Borderland Pride, contrary to Ontario's Human Rights Code.
In November 2024, the Tribunal found that the Township and McQuaker discriminated against Borderland Pride in the provision of a service by refusing to make a municipal proclamation to recognize Pride Month. The Tribunal ordered $15,000 in compensation payable to Borderland Pride.
Rather than first asking the Tribunal to reconsider that decision, the Township and McQuaker launched a premature judicial review proceeding at the Divisional Court to seek to overturn the Tribunal's decision. The judicial review was heard in June 2026, where the panel of three judges declined to rule on the matter until the Township and McQuaker had first exhausted the procedures of the Tribunal, as required. They then returned to the Tribunal, seeking an extension of time and that the original 2024 discrimination decision be rescinded.
The Tribunal rejected that effort on two independent grounds.
First, Vice-Chair Joseph Tascona found that the Township and McQuaker had failed to justify waiting nearly 20 months to seek reconsideration. The Tribunal concluded that they had not acted with the due diligence required to establish that their delay occurred in good faith.
Second, the Tribunal found that even if the request had been filed on time, it would still fail on its merits. It presented no new determinative evidence, and there was no dispute that the Township and McQuaker had fully participated in the original hearing. Neither the Township or McQuaker were able to identify any conflict between the original decision with established case law to justify reopening the case.
The Tribunal was particularly dismissive of the attempt to relitigate arguments that the Township and McQuaker had already made and lost. Vice-Chair Tascona concluded that, "[t]he central submission of the respondents is that they disagree with the adjudicators legal analysis in the Merits Hearing Decision and that is not a basis for reconsideration."
The Tribunal also rejected the Township's and McQuaker's argument that other considerations justified reopening the case, finding that they had focused on "their own interest and not the public interest" and that their request was "essentially an appeal of the Decision", which was improper.
The Tribunal's reconsideration decision can be reviewed here. The original 2024 Tribunal decision is available here. The Divisional Court's dismissal of the application for judicial review, pending reconsideration by the Tribunal, is available here.
This is the latest blow to the Township and McQuaker this week.
On Tuesday, the municipal integrity commissioner presented a public report to council confirming that Mayor McQuaker had personally pocketed more than $5,300 in crowdfunded donations that were intended to support the municipality's legal efforts. The integrity commissioner recommended that McQuaker be reprimanded and that council suspend his pay for up to 60 days.
In response to media inquiries about these findings, Mayor McQuaker has backpedaled, denying the "allegations", which he refers to as "lies", despite his prior admissions to the integrity commissioner and at council. He has refused to identify which "allegations" about his misconduct are false.
The Ontario Provincial Police have also confirmed, in response to a request from lawyers representing Borderland Pride, that they are looking into nearly $30,000 in online donations that remain entirely unaccounted for by the municipality. Emo's council has now been formally asked to adopt a resolution supporting the police investigation to confirm the whereabouts of the missing funds raised in their name.
At the same time, Emo taxpayers remain on the hook for the cost of two appeals to the Information and Privacy Commissioner of Ontario (IPC) arising from the municipality's unlawful refusal to disclose how much taxpayer money it has spent on the Tribunal and Divisional Court proceedings. Two additional proceedings at the Tribunal have also been launched alleging reprisal by Mayor McQuaker and the Township, contrary to the Human Rights Code. Prior decisions of the IPC confirm that legal spending amounts are public records disclosable under the Municipal Freedom of Information and Protection of Privacy Act. It is apparent that the municipality is embarrassed by its waste of taxpayer dollars.
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Quote:
"The Tribunal's dismissal of the request for reconsideration is yet another complete rejection of the Township of Emo's and Mayor McQuaker's effort to avoid accountability for their homophobic and transphobic discrimination. They chose not to seek reconsideration when they were supposed to. They instead pursued unnecessary court proceedings at taxpayer expense, including a preliminary motion that they lost, and then they waited nearly two years before returning to the Tribunal with the same meritless arguments they presented the first time. Today’s decision confirms that the original human rights ruling remains intact. The finding of discrimination stands. The remedies stand. And after nearly six years of litigation, the Township and Mayor McQuaker have still identified no legitimate basis to disturb that result."
— Douglas W. Judson (Board Director, Borderland Pride)
About Borderland Pride:
Borderland Pride is the 2SLGBTQIA+ organization serving Fort Frances and surrounding communities across Northwestern Ontario.
Contact:
Borderland Pride
