Published: August 06, 2025 at 11:40AM EDT<\/p>\n\n\n\n The Canadian Constitution Foundation<\/a> will be taking part in a judicial review of an Ontario Human Rights Tribunal decision<\/a> to fine a northern Ontario town and mayor $15,000 for refusing to declare Pride Month<\/a>.<\/p>\n\n\n\n In November 2024, the tribunal fined Mayor Harold McQuaker and the municipality of Emo, Ont.<\/a>, a total of $15,000 after an adjudicator ruled a comment by the mayor before a vote against the proclamation \u201cproved that the vote was motivated by discrimination.\u201d<\/p>\n\n\n\n \u201cThe CCF will argue the tribunal failed to consider Mayor McQuaker\u2019s Charter-protected right to freedom of expression,\u201d the group said in a news release Wednesday.<\/p>\n\n\n\n \u201c(The decision) failed to apply the legal framework for balancing expression and the right to equality, established by the Supreme Court of Canada in Ward v. Quebec<\/a>.\u201d<\/p>\n\n\n\n The controversy began in 2020 when Borderline Pride asked Emo — located 200 kilometres southeast of Kenora with a population of 1,300 — to declare June Pride Month and fly or display an LGBTQ2S+ flag for a week during June.<\/p>\n\n\n\n During debate over whether to make the proclamation, McQuaker said, \u201cThere\u2019s no flag being flown for the other side of the coin \u2026 there\u2019s no flags being flown for the straight people.\u201d<\/p>\n\n\n\n Council declined to raise the rainbow flag, citing the lack of a municipal flagpole, and voted 3-2 against the Pride Month proclamation.<\/p>\n\n\n\n Adjudicator Karen Dawson agreed with Borderland Pride that the mayor\u2019s remark prior to the vote proved that the vote was discriminatory, and awarded the group $5,000 from the mayor and $10,000 from the township<\/a>.<\/p>\n\n\n\n In addition, the mayor and Emo\u2019s chief administrative officer were ordered to undergo a \u2018Human Rights 101\u2019 course within 30 days.<\/p>\n\n\n\n Shortly after the decision, Borderland Pride was granted an order to garnish the mayor\u2019s bank account, taking the $5,000 plus costs.<\/p>\n\n\n\n \u201cHuman rights tribunals exist to prevent discrimination in public services, not to censor good faith political debates,\u201d Josh Dehaas, counsel for the CCF, said in the news release.<\/p>\n\n\n\n \u201cThe bar for limiting political speech in Canada is high, yet there\u2019s no evidence the tribunal even considered the mayor\u2019s expression rights.\u201d<\/p>\n\n\n\n No date has been set for the hearing.<\/p>\n","protected":false},"excerpt":{"rendered":" Group joins appeal of decision to fine mayor opposed to proclaiming Pride Month ByDarren MacDonaldOpens in new window Published: August 06, 2025 at 11:40AM EDT The Canadian Constitution Foundation will be taking part in a judicial review of an Ontario Human … Continue reading ![\"\"\/](\"https:\/\/www.ctvnews.ca\/resizer\/v2\/ZICEU4EWP5ESNE2DNVZDYSMDHY.jpg?smart=true&auth=9233f99cf64f9026069b517630a0fc0ddb660d10a7fb4ae762cdd36a5aa5ec2b&width=1351&height=759\")
Controversy began in 2020<\/h2>\n\n\n\n
\u2018Human Rights 101\u2032<\/h2>\n\n\n\n
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