Borderland Pride judicial review gains support from national Pride and youth advocacy groups
- Borderland Pride
- Jul 22
- 2 min read
On July 21, 2025, the Divisional Court of Ontario released its decision on motions for leave to intervene in the judicial review application brought by the Corporation of the Township of Emo and its mayor, Harold McQuaker.
The judicial review challenges a November 2024 decision of the Human Rights Tribunal of Ontario, cited as 2024 HRTO 1651, which found that the Township and Mayor McQuaker had discriminated against Borderland Pride, contrary to the Human Rights Code, by refusing to issue a proclamation in support of Pride Month.
An intervenor is a third party that is not directly involved in the dispute but is granted permission to participate in the proceeding because it has a relevant interest in the outcome. Intervenors contribute legal arguments or perspectives to assist the court in reaching a just decision.
In reasons cited as 2025 ONSC 4286, Regional Senior Justice Newton considered four motions for leave to intervene, filed by:
Justice for Children and Youth (JFCY), a legal aid clinic that specializes in protecting the rights of young people;
Fierté Canada Pride (FCP), which is Canada's national 2SLGBTQIA+ Pride organization;
The Canadian Constitution Foundation (CCF), a not-for-profit that advocates in support of Canadians' fundamental freedoms under the Charter; and
The Association for Reformed Political Action (ARPA), an organization representing the interests of Reformed Christians.
Justice Newton granted intervenor status to FCP, JFCY, and CCF, finding that each could offer a useful contribution to assist the court in determining the application. However, the court declined ARPA’s motion, concluding that its submissions would not assist in resolving the issues before the court, as religion and freedom of conscience were not raised in the Tribunal’s decision under review.
Both JFCY and FCP are expected to make submissions which support the Tribunal's decision and the position of Borderland Pride. The hearing of the application for judicial review itself has yet to be scheduled.
The Tribunal’s decision affirms over 30 years of case law addressing discriminatory treatment by municipalities toward Pride organizations seeking recognition through proclamations or resolutions of council.
Borderland Pride has filed a freedom of information request with the Township to confirm the total amount that taxpayers in the small community have spent to uphold the homophobic and transphobic decision of Mayor McQuaker and his council. The municipality has refused to release this public information, prompting Borderland Pride to appeal to the Information and Privacy Commissioner of Ontario and to file a reprisal claim before the Tribunal, as the reason cited by the municipality for refusing disclosure was the fact that Borderland Pride had asserted the human rights claim in question.
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Borderland Pride is the 2SLGBTQIA+ organization serving Fort Frances and the surrounding area in Northwestern Ontario. In the judicial review referenced above, Borderland Pride is represented by Char Wiseman, Karin Galldin, and Melanie Anderson of Goldblatt Partners LLP.
Contact:
Borderland Pride
