Emo Township appearing before human rights tribunal over 2020 council decision to vote down Pride month

A Human Rights Tribunal of Ontario (HRTO)  proceeding between the municipality of Emo, Ont., and Borderland Pride is starting Tuesday. 

In May 2020, town councillors defeated a resolution that would have proclaimed June as Pride Month. The proposed resolution would have also seen the northwestern Ontario township display a Pride flag for one week.   

The Pride month proclamation was requested by Borderland Pride, a Pride organization based in the Rainy River District of northwestern Ontario, and includes Emo in its area. 

During the township council meeting, two council members and Mayor Harold McQuaker voted against the resolution. McQuaker argued that he didn't see it necessary to fly a flag for Pride Month since there's no flag being flown for heterosexuals.

"The point of Pride Month is to affirm and stand in solidarity with a vulnerable and marginalized group in the community," said Douglas Judson lawyer and the director of Borderland Pride. "We also don't have soup kitchens for rich people because we don't need them."

Later that May, organizers of Borderland Pride presented town council in Emo with a petition, asking it to reverse their previous decision not to declare June Pride Month. However, the petition, which now has over 1,700 signatures, failed to sway the council.

Borderland Pride brought the application before the HRTO in June 2020. Statements from witnesses will be examined over roughly the next two weeks of proceedings.

In the HRTO application, Borderland Pride said remedies it would like to see the municipality take include apologizing, proclaiming June as Pride Month in the future, and flying the rainbow flag for one week. 

Borderland Pride is also seeking $45,000 in monetary compensation– $15,000 from the municipality, and $10,000 each from the Mayor and two councilors who voted against the proclamation. 

"This is a small municipality of 1,400 people that has paid with taxpayer dollars for four years of litigation to fight a queer nonprofit organization that simply wanted a pride proclamation," said Judson. 

Unlike civil court, HRTO proceedings do not allow the winning party to collect costs– which means neither side will be getting its legal bills reimbursed by the other, said Judson.  

CBC News contacted the township for comment on the case.

"As this is an on-going legal file, the Township of Emo has no comment," said Crystal Gray, the township's CAO and clerk-treasurer.