A seemingly simple request for a Pride month proclamation in the small Ontario town of Emo has ignited a lengthy legal battle and sparked national discussion on LGBTQ+ rights. The dispute, involving Mayor Harold McQuaker and Borderland Pride, highlights the ongoing struggle for equality in rural Canada.
When Douglas Judson requested the Township of Emo to recognize June as Pride month and display a rainbow flag in 2020, he never anticipated that his simple request would escalate into a protracted legal conflict with no clear resolution in sight. 'Typically, this isn't a contentious matter,' stated Judson, co-chair of Borderland Pride. 'There are often flag-raising ceremonies and proclamations issued for various occasions or causes within the community.
' However, the town's refusal to acknowledge Pride month has transformed the small northwestern Ontario community of roughly 1,300 people, situated near the Minnesota border, into a focal point in the struggle for LGBTQ+ rights. Every June, municipalities across Canada hoist rainbow flags to celebrate Pride month and demonstrate their support for the LGBTQ+ community. As a gay man, Judson believed it would be fitting for his hometown to participate in this recognition. Unfortunately, his hopes were dashed. On May 12, 2020, a motion before the township council to declare Pride month was rejected in a 3-2 vote.Since then, Borderland Pride, an organization operating in northwestern Ontario and northern Minnesota, and the Township of Emo have been embroiled in a legal battle concerning human rights. Judson asserts that council members who opposed the group's request, including Mayor Harold McQuaker, discriminated against the LGBTQ+ community, leaving Borderland Pride with no alternative but to pursue legal action through the Human Rights Tribunal of Ontario. 'In my opinion, the decision stems from ignorance, bigotry, a complete lack of compassion and understanding towards a vulnerable minority group,' he stated.Four years after Borderland Pride lodged its human rights complaint, the tribunal ruled in November that McQuaker had discriminated against the group, but dismissed the complaint against the other two council members who voted against Pride month. A tribunal adjudicator mandated that the Township of Emo and McQuaker compensate Borderland Pride $10,000 and $5,000, respectively, for violating the Human Rights Code. Furthermore, she ordered the mayor and the township's chief administrative officer to complete a 'Human Rights 101' course. McQuaker and the township have now challenged the tribunal's ruling by filing an application for judicial review in Superior Court in Thunder Bay last month. Their application contends that the tribunal's decision and orders are 'incorrect in law' and 'unreasonable.' The human rights tribunal ruling garnered attention from right-wing activists and media outlets in both Canada and the United States, and Judson believes this may have influenced the mayor's decision to pursue legal action. 'We often witness a sort of echo effect in Canada, mirroring political trends in the United States ... many members of the queer community are observing with concern,' he said, referring to the escalating anti-LGBTQ+ rhetoric south of the border. Judson asserts that the mayor's latest move will be financially burdensome for the town's taxpayers and 'dangerous' for the LGBTQ+ individuals residing there. 'They are seeking a court to legitimize their discrimination in providing services to a Human Rights Code-protected group if they disapprove of that group or their personal beliefs object to their existence,' he stated. 'This is extremely problematic.' Despite several attempts by The Canadian Press to reach McQuaker for comment, he remained unavailable. When contacted by phone, Emo's chief administrative officer Crystal Gray indicated that the mayor and the township had no comment as the matter was currently under legal proceedings. When the town announced in December its intention to challenge the human rights tribunal ruling, it reaffirmed its 'declaration of equality' from 2022. 'The Township recognizes the dignity and worth of all people, as well as the barriers of discrimination and disadvantage faced by human rights protected groups, including members of the LGBTQ2+ community,' it reads. Judson emphasizes the significance of officials in smaller towns like Emo taking the lead in supporting Pride and inclusion initiatives. Unlike major cities, these communities have significantly fewer support resources available for LGBTQ+ individuals. One of the two Emo councillors who voted in favor of the Pride proclamation was Lincoln Dunn, who now serves as the general manager of Fort Frances Times, a local publication. Dunn, who introduced the motion and urged his colleagues to pass it at the time, stated that the human rights tribunal made the 'right decision' in November. 'It is ridiculous that this has blown up in the media the way that it has, and my concern is that it's going to inflame, you know, more hatred and more intolerance for that community,' he said. 'I've never seen anything like this.' Dunn pointed out that by the time he left council two years ago, the town's legal battle over Pride month had already cost approximately $40,000, and he estimates that the final bill could now exceed $100,000. 'It is simply wasting more money,' he lamented.
LGBTQ+ Rights Discrimination Human Rights Pride Month Legal Battle Small Town Rural Canada
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