EMO — Three organizations can act as intervenors in an ongoing judicial review of an Ontario Human Rights Tribunal ruling against the Township of Emo and its mayor, a judge has ruled.
In a decision handed down on Monday, Justice Danial Newton granted Fierté Canada Pride, Justice for Children and Youth and the Canadian Constitution Foundation intervenor status, meaning they can contribute legal arguments, expertise in their areas and other perspectives to help inform the court during the review process, orally or in writing.
Fierté Canada Pride is the country’s national association of Pride organizations, Justice for Children and Youth is an Ontario legal aid clinic that focuses on services for those 18 to 25 and the Canadian Constitution Foundation is a charity that advocates for the defence of constitutional rights and freedoms.
A fourth group, the Association for Reformed Political Action — an organization that advocates for Reformed Christians — was denied intervenor status by Newton, as he ruled religious or conscientious concerns weren’t raised in the tribunal decision that’s under review.
The Northwestern Ontario township and its mayor Harold McQuaker are challenging a 2024 human rights tribunal ruling that a 2020 Emo council decision not to declare Pride Month was discriminatory to the 2SLGBTQIA+ community. The tribunal ordered the township to pay $10,000 in compensation to Borderland Pride, who sought the declaration, and for McQuaker to pay $5,000.
“I think that it's an interesting case that attaches to it a lot of public interest,” said Borderland Pride director Douglas Judson. “And that's why you're seeing parties interested in intervening on both sides of the dispute.”
“There are a number of concerns relating to the public life of people who represent their community on councils, on law and policy governing municipalities, on the role of municipalities and promoting inclusive environments.”
No date has yet been set for the review, he said.
Judson said intervenors are effectively “third-party bystanders whose interests will be impacted by the issues in the proceeding,” and are not directly involved in the dispute.
He said the youth children’s aid organization will have an important perspective, as some of the human rights tribunal’s decision relied on expert evidence about the impacts on young people of the presence or absence of visible symbols that promote safety and inclusion, especially in smaller, more remote communities.
Fierté Canada Pride will “to provide perspective on the role of Pride organizations in communities across Canada in advocating or standing in the shoes of the marginalized group they represent,” Judson said.
That includes “people that aren't necessarily equipped to speak out on their own behalf all the time for various reasons.”
