Borderland Pride is expected to gain supporting arguments from Fierté Canada Pride and Justice for Children and Youth as intervenors in a request for a judicial review of a Human Rights Tribunal of Ontario (HRTO) decision from November 2024.
The judicial review application was submitted by the Corporation of the Township of Emo and its mayor, Harold McQuaker and challenges the HRTO decision from 2024 that found the Township and McQuaker violated the Human Rights Code for their refusal to make a proclamation in support of Pride Month 2020, as well as further comments made by the mayor. The Township and McQuaker filed their Notice of Application for Judicial Review in December 2024, and are also expected to gain a supporting argument from the Canadian Constitution Foundation on the judicial review.
According to a release from Borderland Pride, an intervenor is a party not directly involved in a case, but one that has relevant interest in the outcome, and contributes a legal argument or factum to the judge for consideration.
Fierté Canada Pride is a national 2SLGBTQ+ organization that operates across Canada. Given that the human rights tribunal’s finding that McQuaker and the Corporation of the Township of Emo violated human rights by denying a pride flag to be hung in town hall, proclaim June as Pride month, as well as some of McQuaker’s comments the relation to 2SLGBTQ+ issues is clear, as is the position of Fierté Canada Pride as an intervenor in this judicial review.
Justice For Children and Youth is a legal aid clinic tailored to protecting the rights of young people. Borderland Pride’s release suggests the organization is expected to submit a factum or legal argument that supports Borderland Pride’s position.
The Canadian Constitution Foundation, a not-for-profit organization that advocates for support of the fundamental freedoms all Canadians enjoy under the Charter of Rights and Freedoms, will also submit a factum of its own. However, the position of the organization is unclear at this time.
The only group which was denied status as an intervenor was the Association of Reformed Political Action, a group that represents the interests of reformed Christians.
“I am not satisfied that the position to be advanced by ARPA will further the court’s determination of the matter under appeal,” reads a statement from Justice W.D. Newton on reasons for intervention.
“In the decision under review, religious or conscientious reasons were not raised.”
As of writing this article, both Borderland Pride and the Fort Frances Times have filed freedom of information requests regarding the dollar value of legal expenses accrued concerning McQuaker and others’ legal representation. Both were denied, and both are currently under review with the Information and Privacy Commissioner Ontario’s office. Requests like these are routine, and well within the purview of freedom of information in Canada.
