A combined $15,000 in penalties resulted from the refusal to display the rainbow flag during Pride Month.
The mayor of Emo, Ontario, must pay Borderland Pride $5,000 for damages, in addition to the $10,000 fine levied against the township.
The dispute began in 2020 when Borderland Pride requested official recognition of Pride Month. The township, having amended its proclamation policy (which wasn’t yet adopted), rejected the request by a 3-2 council vote.
This policy amendment wasn’t a high priority, especially during the COVID-19 pandemic, as requests were minimal; Borderland Pride’s request represented half of all requests received from April 2019 to April 2020.
Their request to fly the rainbow flag and share photos on social media was deemed impractical due to the lack of a flagpole at the town hall.
Borderland Pride subsequently filed a complaint with the Ontario Human Rights Tribunal, which issued its ruling on November 20, 2024.
Canadian human rights tribunals address discrimination complaints based on factors such as race, religion, age, gender, sexual orientation, marital status, and criminal convictions. If discrimination is deemed likely (at least 50% chance), financial awards and other remedies may be ordered.
The tribunal accepted the council’s claim that the flagpole’s absence influenced their decision, noting alternative display options. However, it didn’t mandate the mayor carry the flag.
The tribunal accepted that two council members voted against the proclamation due to the pending policy amendment. Only the mayor’s vote was deemed problematic.
During the council meeting, before the vote, Mayor Harold McQuaker stated, “There’s no flag being flown for the other side of the coin…there’s no flags being flown for the straight people.”
The tribunal ruled this comment dismissive and discriminatory, demonstrating a lack of understanding of the Pride flag’s significance to the LGBTQ2 community.
The tribunal concluded, based on the evidence, that the rejection was likely due to the mayor’s homophobia, not solely the pending policy amendment.
“I don’t hate anybody,” McQuaker stated to the Toronto Sun. “We just don’t have a flagpole at our town hall,” he added.
Expert testimony from Dr. Emily Saewyc highlighted research linking anti-LGBTQ rhetoric to increased hate and violence. She drew parallels to social media posts following the council vote.
Borderland Pride’s request for retroactive and future Pride Month recognition was denied. However, Mayor McQuaker was ordered to complete provincial human rights training within 30 days.
McQuaker refused to comply, calling the order “extortion.”
This case illustrates how special interest agendas can influence everyday life through persistent activism.