STATEMENT
On December 3, 2024, Borderland Pride made the following statement in response to comments from Mayor Harold McQuaker in the Toronto Sun:
"What we are seeing is a public temper tantrum from an elected official who has been emboldened by the pattern of attacks on institutions and the rule of law from the political right. It is disturbing, inappropriate, and unlawful.
"Mayor McQuaker's comments reflect a flagrant disrespect for the laws governing his public office, and he should withdraw them. Section 47(2) of the Human Rights Code gives it primacy over all other provincial legislation, including the Municipal Act, which establishes the office of the mayor in Ontario. Moreover, the Municipal Act requires its officeholders to act lawfully and to comply with the orders of courts and tribunals. Mayor McQuaker is further governed by a municipal code of conduct, which requires him to respect the authority of the Human Rights Tribunal of Ontario. He can be sanctioned by the integrity commissioner for failing to do so. We would caution him from engaging in any further misconduct of this nature. It is very clearly beneath the expectations and requirements of his office.
"Like any party to litigation, the Mayor is entitled to seek review of the Tribunal's orders; however, section 45.8 of the Human Rights Code prevents an order of the Tribunal from being set aside unless it is 'patently unreasonable'. The Tribunal's decision in this matter is entirely reasonable and defensible based on established precedents. It affirms 30-year-old case law. If the Mayor wants to commence a meritless review of the decision, he should pay for his own lawyer to do so rather than driving up more bills for municipal taxpayers.
"The reality is that the Mayor is the author of his own misfortune. He has had 4 years to come to terms with the risk that he could have personal exposure in this proceeding. He refused all offers to resolve the matter that would have spared him that liability. We are not going to re-litigate a legal matter in the media now that the Mayor is unhappy with the outcome. We intend to collect our judgment."
For more information, please contact:
Douglas W. Judson (he/him)
Director/Co-Chair
Email: borderlandpride@gmail.com