Last week, a Human Rights Tribunal (HRTO) adjudicator ruled that a decision requiring the Township of Emo to pay $10,000 and Mayor Harold McQuaker $5,000 to cross‑border LGBTQ2+ community organization Borderland Pride will stand.
The ruling was the latest development in a bitter and complicated six-year battle between Emo’s council and Borderland Pride that began in 2020 when the township declined to honour a request from Borderland to recognize Pride Month.
The Township and McQuaker had asked the tribunal to reconsider its 2024 decision, which found that Emo and McQuaker had discriminated against Borderland Pride and ordered the payments. But last Friday, tribunal vice-chair Joseph Tascona denied Emo and McQuaker’s request, saying it was made far too late and also didn’t meet the requirements for reconsideration.
“This means that the Merits Hearing Decision stands as issued,” Tascona wrote.
McQuaker declined to comment on the tribunal’s dismissal of the request when contacted by The Times.
The original HRTO order required the township to pay Borderland Pride $10,000 and McQuaker personally to pay $5,000. It also ordered McQuaker and Emo’s senior administrative staff—specifically, Emo Chief Administrative Officer (CAO) Crystal Gray—to undergo mandatory human rights training.
Friday’s decision by Tascona was just the latest in a complex series of legal actions and counteractions that have pitted Emo’s mayor and council against the LGBTQ2+ community organization and its president, Fort Frances lawyer Doug Judson.
It was itself the product of a previous legal process initiated by Emo and McQuaker, who had asked the Ontario Superior Court to undertake a judicial review of the 2024 discrimination finding.
However, that court held that Emo and McQuaker had skipped the mandatory step of first requesting reconsideration from the tribunal. 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.
Friday’s ruling found that Emo had not filed the request until July 9, 2026, a delay of 597 days.
It’s not likely the end of the story, either.
Judson, whose firm Judson Howie LLP has been representing Borderland Pride, has mounted an aggressive online publicity campaign against Emo and McQuaker—and purchased and distributed a flyer through The Times— accusing the mayor of intolerance, spending taxpayer money in his defence and not disclosing funds raised to help cover legal costs.
Several crowdfunding campaigns have collectively raised nearly $35,000, according to Judson Howie, for the Township of Emo to assist with legal fees and damages. Judson said last week 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 crowdfunded those funds,” Judson told The Times last week.
Meanwhile, Judson has claimed to have been the target of sustained online harassment, anonymous threats and defamatory campaigns. Through Judson Howie LLP, he 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.
Below is a timeline of events in the case:
May 12, 2020
Borderland Pride approaches district municipalities with a draft proclamation recognizing June as Pride Month to consider and adopt, a fairly regular occurrence, especially in larger cities where administrations will already have a line of contact with pride groups.
After receiving the proclamation, Emo’s municipal council declines to make the statement or raise the rainbow pride flag after a vote of 3-2. In 2019, the municipal council, which had two different members, had made a proclamation, although Judson claimed it was vastly altered from Borderland Pride’s submission.
May 26, 2020
Borderland Pride appeals to council, asking it to reconsider. Council again votes against issuing the proclamation, despite warnings about prior human‑rights rulings in Hamilton and London. Comments allegedly made by council members following the refusal to reconsider cause the Pride organization to determine that the decision was rooted in bigotry.
June 22, 2020
Borderland Pride, the Northern Ontario Pride Network, Emo resident Kathryn Shoemaker and Judson initiate a human rights complaint against the Township of Emo and the three members of council who voted against the proclamation and flag raising, Mayor Harold McQuaker, Coun. Harrold Boven, and Coun. Warren Toles.
2020–2023
Emo continues issuing other proclamations but not Pride; Borderland Pride documents ongoing homophobic backlash.
2020-24
The HRTO, severely backlogged, holds the matter for years until beginning its hearings.
2024-26
Multiple online campaigns allegedly generate nearly $35,000 in funds raised to help cover Emo and McQuaker’s legal costs related to the HRTO hearing. After the township could not account for the funds’ whereabouts, an investigation began.
June 2024
The matter goes before an HRTO hearing under “Borderland Pride v. Corporation of the Township of Emo” via video on June 4-6 and June 11-12, with parties from both sides participating with legal counsel.
HRTO Adjudicator Karen Dawson dismisses applications filed by Shoemaker and the Northern Ontario Pride Network, as well as applications against Boven and Toles. It is determined that the Township of Emo and McQuaker discriminated against Borderland Pride.
“I find on a balance of probabilities that the organizational respondent and individual respondent Mayor Harold McQuaker discriminated against Borderland Pride in refusing its proclamation request,” Dawson wrote in the decision. She also finds that McQuaker is not entitled to protection against personal lawsuits and proceedings offered to members of council, officers, employees or agents of municipal council or anyone below them when performing their official duties in “good faith.”
The Township of Emo is ordered to pay Borderland Pride $10,000 as compensation, and McQuaker to personally pay $5,000 to the organization on top of the municipality’s portion.
McQuaker and current CAO Crystal Gray were ordered to complete an eLearning module from the Ontario Human Rights Commission titled “Human Rights 101” within 30 days of the hearing’s outcome.
Late 2024
Instead of requesting reconsideration from HRTO (required first), Emo and McQuaker file a premature judicial review at Divisional Court.
Early 2026
A code‑of‑conduct complaint is filed alleging Mayor Harold McQuaker accepted $5,300.65 in crowdfunded donations related to Emo’s legal disputes and deposited the money into his personal bank account without the disclosure required under the Code of Conduct.
June 15, 2026
Divisional Court dismisses the request for a judicial review because Emo skipped the mandatory HRTO reconsideration step and orders Emo to file an HRTO reconsideration request within 30 days
July 9, 2026
Emo Township finally files its reconsideration request to the HRTO—597 days late.
Aug. 5, 2026
Integrity Commissioner Robin Dunn recommends McQuaker be reprimanded and have his pay suspended for 60 days following his failure to report funds donated to help with legal costs of the HRTO decision. Dunn confirms in his report that more than $5,000 had been deposited into McQuaker’s personal bank account and had remained there for almost two years after being raised.
Dunn’s report states that McQuaker, who claimed he intended to transfer the proceeds to the township following the resolution of any legal proceedings with Borderland Pride, co-operated with the investigation.
Aug. 14, 2026
HRTO vice-chair Joseph Tascona rules Emo and McQuaker’s request to have the decision reconsidered was made far too late and did not meet the requirements for reconsideration.
August 2026
Judson-Howie sends letter to the Ontario Provincial Police to look into the remaining amount of money allegedly raised by crowdfunding, claiming $29,000 that’s missing and says the OPP have confirmed they are looking into the situation.
