On Thursday Dec. 19, 2024 the Township of Emo issued a press release stating that the township’s council had decided to seek a judicial review, and said they would not comment further as the matter is proceeding through the courts.
In the release the Township reiterated its Declaration of Equality, issued in August 2022 which states as follows:
“The Township of Emo values the contributions made by every member of our community, and believes that our diversity makes Emo a better place to live and work.
The Township recognizes the dignity and worth of all people, as well as the barriers of discrimination and disadvantage faced by human rights protected groups, including members of the LGBTQ2+ community.
The Township of Emo commits to lead by example, fostering an environment of equality for all people in both its government – as well as in the community – regardless of their race, ancestry, place of origin, colour, ethnic origin, disability, citizenship, creed, sex, sexual orientation, gender identity, same sex partnership, age, marital status, family status, immigrant status, receipt of public assistance, political affiliation, religious affiliation, level of literacy, language or socio- economic status.
The Township will strive to ensure Emo is a welcoming community and a wonderful place to live, free from discrimination, harassment and hate – where all are welcome.”
In reaction to the review, the complainant in the Human Rights Tribunal of Ontario case, Borderland Pride, issued a press release the next day.
The statement clarifies that the judicial review is not technically an appeal.
“An application for judicial review is not an appeal. It is a process by which the court reviews the decision of an administrative body or tribunal. This application asks the court to overturn the November 20 decision of the Human Rights Tribunal of Ontario, which found that by denying Borderland Pride the service of issuing a proclamation, the municipality discriminated against us, contrary to the Ontario Human Rights Code.”
The Tribunal ordered the Township and Mayor Harold McQuaker to pay $10,000 and $5,000 respectively as well as for McQuaker and CAO Crystal Gray to take an HRTO online training module.
According to Borderland Pride’s statement Gray has completed the 30-minute module while Mayor McQuaker has refused to complete the course. McQuaker publicly refused to pay the $5,000 penalty in a Toronto Sun column and his account was garnished.
Borderland Pride, which is co-chaired by local lawyer Doug Judson says that the Emo faces an uphill battle with the review process.
“Judicial review is a procedural right; however, the applicants face a heavy burden. Section 45.8 of the Human Rights Code prevents an order of the Tribunal from being set aside unless it is “patently unreasonable”. Section 47(2) of the Code also gives it primacy over all other provincial legislation, which would include the statutory immunity provisions of the Municipal Act that apply to members of council. The applicants have also failed to make use of the Tribunal’s reconsideration process prior to launching this court application,” the statement said.
Emo has not disclosed how much taxpayer money has gone towards the Township’s and councilors’ legal defense. Both Borderland Pride and the Fort Frances Times have made Freedom of Information requests for the information to the township and not received a response.
