An integrity commissioner’s report has recommended that Emo Mayor Harold McQuaker be reprimanded and have his pay suspended for 60 days following the mayor’s failure to report funds donated to help with legal costs stemming from a 2024 Human Rights Tribunal of Ontario (HRTO) ruling.
The recent report from Integrity Commissioner Robin Dunn confirmed that more than $5,000 had been deposited into McQuaker’s personal bank account, where it remained for nearly two years after being raised. It also found that McQuaker has co-operated with the investigation and that he intended to transfer the proceeds to the township following the resolution of any legal proceedings with Borderland Pride.
Dunn stated in the report that while he could not recommend elevating the situation to the Superior Court of Justice for criminal investigation, he advised a reprimand through suspension.
“I recommend that Council consider exercising its authority under section 223.4 of the Municipal Act, 2001 to suspend the Respondent’s remuneration for a period of sixty (60) days,” Dunn said in the report.
“I find that the Respondent contravened the Township of Emo Code of Conduct by accepting and retaining a reportable financial benefit arising from circumstances connected to his public office without complying with the applicable disclosure requirements.”
McQuaker told The Times that council has received the suggestions from Dunn’s report but has not yet chosen to take any action, nor does he intend to take any personal action in response. He declined to provide any further comment on the matter.
The report was triggered when Emo Town Council could not account for more than $35,000 allegedly raised to help the town cover legal costs related to its legal response to the HRTO investigation, which ruled that Emo and McQuaker had discriminated against Borderland Pride, a cross‑border LGBTQ2+ community organization serving Northwestern Ontario and northern Minnesota, by refusing the 2020 Pride proclamation.
A social media post made by Michael Kellar, an organizer of one of the campaigns, shows McQuaker in the municipal office accepting a cheque for $5,300.65.
Section 8.0 of the municipal code of conduct states that no member of council will accept gifts or cash related to their duties in office and also states that council members are required to file a disclosure statement of any gift exceeding $100 in value, which McQuaker did not do.
Emo CAO Crystal Gray confirmed in a letter to Judson Howie LLP last December that there was no available record of the municipality having received the funds accepted by McQuaker. She did not respond to a request for comment by the time of publication.
The tribunal ordered the town to pay Borderland Pride $10,000 and McQuaker to pay $5,000. It also ordered McQuaker and Emo’s senior administrative staff—specifically the Chief Administrative Officer (CAO) Crystal Gray—to undergo mandatory human‑rights training.
The ruling against the Township of Emo remains in force after the Ontario Divisional Court dismissed the township’s attempt to challenge it. Emo and McQuaker had sought judicial review of the discrimination finding, but the court held that they skipped a mandatory step: requesting reconsideration from the tribunal first. As a result, the court stayed their challenge and directed Emo to file a reconsideration request within 30 days if it wished to continue contesting the decision.
Until that reconsideration is filed and decided, the tribunal’s original orders stand. Borderland Pride is also pursuing a separate appeal before the Information and Privacy Commissioner after Emo refused to disclose how much public money it has spent fighting the case.
Several crowdfunding campaigns have collectively raised nearly $35,000, according to lawyer Douglas Judson of Judson Howie LLP, for the Township of Emo to assist with legal fees and damages. Judson, co‑founder and co‑chair of Borderland Pride, filed the 2020 HRTO application after Emo council refused to issue a Pride Month proclamation, acting both personally and on behalf of the group. He has played a central role in exposing financial irregularities surrounding Emo’s legal‑defence fundraising, documenting that most of the money never reached municipal accounts.
“The bigger question is there’s $29,000 that’s missing,” Judson told The Times.
Judson said his law firm has sent a letter to the Ontario Provincial Police to look into the whereabouts of remaining funds.
“OPP have confirmed they are looking into that situation because it seems that there are a number of criminal offences that should either attach to the mayor, members of council or the people that crowd funded those funds,” Judson said.
Although he feels it is important for council to decide whether or not it will reprimand McQuaker based on the integrity commissioner’s report, Judson said he believes finding where that money went is the more pressing concern.
Following the ruling, Judson has said he has become the target of sustained online harassment, anonymous threats and defamatory campaigns. Through Judson Howie LLP, he has pursued production orders against telecom and technology companies to identify the individuals behind those reprisals. Once identified, he launched civil actions—including a libel and reprisal suit against former councillor Derek Johnson—alleging coordinated retaliation for the human‑rights complaint.
