An Ontario court has dismissed a bid by the Township of Emo and Mayor Harold McQuaker to secure a judicial review of a Human Rights Tribunal of Ontario (HRTO) decision that it discriminated against the LGBTQ association Borderland Pride, sending the matter back to the tribunal for reconsideration.
In its ruling on Monday, the Ontario Superior Court of Justice found that the Township and McQuaker had not first sought a reconsideration from the tribunal itself, as they should have, and granted them the opportunity to go back to the HRTO, and an extension to do so, since such reconsideration must normally be requested within 30 days.
“After considering the submissions on these preliminary issues, the court has decided to stay this application pending a request for reconsideration at the HRTO, without prejudice to this application being brought back before this court once the HRTO proceedings are completed,” Justices Thomas Heeney, Wendy Matheson and Karen Jensen said in their ruling.
The court said that should the HRTO issue a reconsideration decision, the applicants may seek to revive their bid for a judicial review at that time.
The HRTO’s 2024 decision found the Township of Emo and Mayor Harold McQuaker had discriminated against Borderland Pride by refusing to issue a Pride Month proclamation in 2020. It required the Township to pay $10,000 and McQuaker $5,000 and directed McQuaker and Emo Chief Administrative Officer Crystal Gray to participate in an HRTO online training module.
Asked about the result of Monday’s proceedings, McQuaker declined to comment.
In a press release, Borderland Pride director Doug Judson said the people of Emo have a right to know why the municipality continues to spend money on the case.
“Today’s dismissal is another clear defeat for the Township of Emo and Mayor McQuaker in their ongoing attempt to justify discrimination against 2SLGBTQIA+ people,” Judson said.
“After years of litigation and an adverse Human Rights Tribunal ruling, they now find themselves back at square one because they failed to follow the proper process. Taxpayers deserve to know how much money has been spent pursuing this campaign—and why the Township continues to fight so hard against equality, inclusion, and basic human dignity.”
The Fort Frances Times has been denied an Access to Information request regarding the legal costs incurred by the Township in fighting the HRTO decision.
