Emo and McQuaker's challenge to Pride ruling thrown out by court
- 18 minutes ago
- 2 min read
Earlier today, the Ontario Divisional Court dismissed a judicial review application brought by the Township of Emo and Mayor Harold McQuaker seeking to overturn a landmark Human Rights Tribunal of Ontario decision that found they discriminated against Borderland Pride by refusing to issue a Pride Month proclamation.
The Tribunal's 2024 ruling held that the municipality and Mayor McQuaker violated Ontario's Human Rights Code. The decision was consistent with decades of established human rights jurisprudence.
The Divisional Court panel, comprised of Justices Heeney, Matheson, and Jensen, dismissed the application from the bench after hearing submissions from counsel. The court found that the applicants had failed to pursue the mandatory reconsideration process before the Tribunal and that the judicial review application was therefore premature. The respondents had raised this procedural defect in their responding materials.
The court has granted the Township and Mayor McQuaker a limited opportunity to seek reconsideration from the Tribunal, including to seek an extension of time from the Tribunal to do so (it must normally be requested within 30 days of the original Tribunal decision). If the Tribunal issues a reconsideration decision, the applicants may seek to revive their judicial review application at that time.
The dismissal marks another setback in the Township's years-long effort to resist accountability for its discriminatory treatment of the local 2SLGBTQIA+ community.
Meanwhile, the Township continues to oppose an appeal before the Information and Privacy Commissioner of Ontario concerning its refusal to disclose how much taxpayer money has been spent since 2020 on legal fees to thwart the recognition of Pride and the 2SLGBTQIA+ community. It also remains unclear how much taxpayer money was spent on the case leading to today's outright dismissal for failing to follow the correct process.
Borderland Pride is represented by Goldblatt Partners LLP. Justice for Children and Youth and Fierté Canada Pride participated as intervenors in support of Borderland Pride.
The court's written endorsement will be linked to this release once it becomes available.
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Quote:
"Today's dismissal is another clear defeat for the Township of Emo and Mayor McQuaker in their ongoing attempt to justify discrimination against 2SLGBTQIA+ people. After years of litigation and an adverse Human Rights Tribunal ruling, they now find themselves back at square one because they failed to follow the proper process. Taxpayers deserve to know how much money has been spent pursuing this campaign—and why the Township continues to fight so hard against equality, inclusion, and basic human dignity."
— Douglas W. Judson, Director
About Borderland Pride:
Borderland Pride is the 2SLGBTQIA+ organization serving Fort Frances and surrounding communities across Northwestern Ontario.
Contact:
Borderland Pride
