EMO – A formal hearing hasn’t even been set, yet the Emo’s council has already spent $38,000 of tax-payer money in lawyers fees to defend a complaint filed with the Human Rights Tribunal of Ontario two years ago by Borderland Pride, the Northern Ontario Pride Network, and members of the local LGBTQ2 community.
In Nov. 2020, The Emo Council was notified that The Human Rights Tribunal of Ontario has officially been investigating a complaint filed against it by Borderland Pride. The complaint alleged that the township council's refusal to adopt a resolution declaring June as Pride Month and to display the Rainbow Flag was discriminatory.
The human rights complaint names, Mayor Harold McQuaker, Councillor Warren Toles, and Councillor Harrold Boven as the three-member majority of the Council who refused to adopt a resolution in support of Pride Month in 2020.
In a brief response to the claim with the Tribunal, the municipality said that they were willing to proclaim Pride month as asked by Borderland Pride, but “the Township’s issue is with the Applicants’ position that it must write exactly what Borderland Pride tells it to write in its proclamations, including all facts and opinions asserted by Borderland Pride, to show its support of the LGBTQ2S+ community and Pride Week/Month.”
In 2019, the Emo council pass a resolution concerning Pride Week which read, “Be it resolved that I, Mayor Harold McQuaker do hereby proclaim the week of June 2 through 9, 2019 to be Pride Week in the Township of Emo; And further that all citizens are encouraged to reflect and work together on equality, acceptance, and inclusion for all people throughout the year.”
Emo council claims that Borderland Pride provided the council with a template to use in their proclamation but also encourage the council to use their own language in the address; however, according to the council, Borderland Pride also requested that they “would prefer a resolution using the text of the enclosed document.”
Council decided to proclaim support for Pride; however, they didn’t use the suggested language Borderland wanted the council to use.
In 2020, Council, in a 3-2 vote, decided not to pass a formal proclamation for Pride Month.
The council’s reasoning for not making the proclamation was because “this request again contained more information (some of which was different than the wording requested in 2019), including opinions and factual assertions that are not contained in the proclamations that this Township Council makes for any organizations,” Council stated in the brief response to the Tribunal.
At the May 12, 2020 council meeting, Borderlands suggested proclamation was read.
It said, “Borderland Pride is the LGBTQ2 (lesbian, gay, bisexual, trans, queer/questioning, and two-spirit) Pride organization for the Borderland region, which is comprised of the Rainy River District, Koochiching County, and the southern part of Treaty #3 territory. Pride events across Canada and the United States and around the world promote diversity and inclusion and take a positive stance against discrimination, hatred, and violence toward LGBTQ2 people. Pride is necessary to show community support and belonging for LGBTQ2 individuals and families, and LGBTQ2-identifying youth in particular. Acknowledging and participating in Pride underscores and affirms our respect for the dignity, equality, and visibility of LGBTQ2 people and families. The diversity of sexual orientation, gender identity, and gender expression represents a positive contribution to society and is a matter for our community to take pride, show its support, and celebrate. The global pandemic has increased the isolation, anxiety, and insecurity of some of society’s most vulnerable citizens, including LGBTQ2 people and youth. Pride has been observed and celebrated in the Borderland region, and has become a highlight on the summer calendar. The values of diversity and inclusion should be shared in common by all people, and know no border. The month of June is internationally recognized as Pride Month; THEREFORE, BE IT RESOLVED THAT: The Township of Emo hereby proclaims the month of June 2020 to be Pride Month in the Township of Emo. The Township of Emo will publicly display a Pride flag in a prominent location for the week of in celebration of Pride; and All citizens are encouraged to reflect and work together on equality, acceptance, and inclusion for all people throughout the year.”
Considering how Borderland’s proclamation is worded, there is nothing inside to suggest that there are any assertions and opinion, only a recognition that the LGBTQ2+ community exist and the Township of Emo would stand in solidarity.
Yet, the Township of Emo claims in their brief response, “the requests are for compelled expression and forced opinions, which constitute an infringement of a councillor’s freedom of expression and freedom of conscience and religion rights under section 2 of the Charter of Rights and are inappropriate remedies to impose on an elected municipal government.”
In other words, the Township of Emo declined to proclaim Pride Month because the language suggested by Borderland Pride would violate their religious rights and freedom of speech.
However, in that council meeting, McQuaker argued that it's not fair to celebrate "one side of the coin" without celebrating the other, saying "there's no flags being flown for straight people."
Mayor McQuaker has gone on record telling the Toronto Star in 2020 that “the majority far out rules the gays,” as he pointed to the Christian nature of the community in defending the decision.
On June 29, 2022, Council voted to indemnify Mayor McQuaker and two councillors, using taxpayer dollars, from any costs they may incur as a result of the human rights proceeding.
It is unclear whether any of them are running for re-election this fall.
McQuaker declined to make a statement or comment.
