The Human Rights Tribunal of Ontario (HRTO) fined the mayor of Emo, Ontario, and the township itself after rejecting a petition to declare June as Pride Month and fly the LGBTQ2 pride flag. Mayor Harold McQuaker was fined $5,000, and the town was fined $10,000 for violating the Ontario Human Rights Code.
The 2020 petition from Borderland Pride, a local LGBTQ2 advocacy group, requested the town recognize Pride Month and display the rainbow flag outside the municipal building. The initial petition stated that, “pride is necessary to show community support and belonging for LGBTQ2 individuals” and “the diversity of sexual orientation, gender identity, and gender expression represents a positive contribution to society.”
Emo’s council voted 3-2 against the petition, with Mayor McQuaker arguing there was “no flag being flown for the straight people.” HRTO vice-chair Karen Dawson ruled the mayor’s remarks were “demeaning and disparaging of the LGBTQ2 community of which Borderland Pride is a member and therefore constituted discrimination under the Code.”
In addition to the fines, HRTO ordered the township to undergo mandatory human rights training. Borderland Pride initially sought higher penalties, including $15,000 for the township and $10,000 for each council member who voted against the petition. While the tribunal did not grant the full settlement, Doug Judson, an attorney for Borderland Pride, expressed satisfaction with the outcome, emphasizing the importance of municipalities complying with human rights laws.
Judson commented, “We didn’t pursue this because of the money. We pursued this because we were treated in a discriminatory fashion by a municipal government, and municipalities have obligations under the Ontario Human Rights Code not to discriminate in the provision of a service.”
The small town of Emo, near the Minnesota border, has a population of approximately 1,300. The case has drawn attention to tensions surrounding Pride-related proclamations and public displays, particularly in smaller and more rural communities.
