Emo Township loses appeal in Borderland Pride decision
The Human Rights Tribunal of Ontario (HRTO) has dismissed a request by Emo Township to reconsider a 2024 decision that ruled in favour of Borderland Pride.
In November 2024, the HRTO found that Emo Township and its Mayor Harold McQuaker discriminated against Borderland Pride in 2020 by refusing to make a declaration recognizing Pride Month.
The township had previously requested a judicial review of the decision by the Ontario Divisional Court, but that was dismissed in June.
Following the township’s dismissal by the Divisional Court, it put forward its request with the HRTO to reconsider the tribunal’s decision in July.
In a decision laid out by Vice-Chair of the HRTO Joseph Tascona, the HRTO found that Emo Township’s request was filed far too late: most requests, outside of special circumstances, must be filed within 30 days of a decision, while Emo filed its request nearly two years later.
In the view of Tascona, Emo did not have a good reason for filing their request 597 days late.
Beyond this, the HRTO also explained that reconsideration requires the unveiling of new facts or evidence, and cannot simply be granted because of a disagreement on the interpretation of the law.
The full decision can be viewed online.
In a statement, Borderland Pride’s Board Director Douglas Judson called the HRTO’s decision a confirmation that “the original human rights ruling remains intact,” adding that “the finding of discrimination stands. The remedies stand. And after nearly six years of litigation, the Township and Mayor McQuaker have still identified no legitimate basis to disturb that result.”
Judson also called the dismissal of the request “yet another complete rejection of the Township of Emo’s and Mayor McQuaker’s effort to avoid accountability for their homophobic and transphobic discrimination.”
The news comes as the township and the mayor are facing scrutiny over donations meant to cover legal costs from the Borderland Pride case.
At the time of publication, Emo Mayor Harold McQuaker had yet to respond to a request for comment. This story may be updated with his response.
