FORT FRANCES – The Ontario Divisional Court has dismissed a judicial review application brought by the Township of Emo and Mayor Harold McQuaker over a Human Rights Tribunal of Ontario ruling that found they discriminated against Borderland Pride by refusing to issue a Pride Month proclamation.
The decision matters across Northwestern Ontario because it reinforces that small municipalities, like larger public bodies, remain bound by Ontario’s Human Rights Code when providing public services, including civic recognition processes. The court’s written endorsement was not immediately available.
Judicial review dismissed over tribunal process
The Divisional Court panel, made up of Justices Heeney, Matheson and Jensen, dismissed the application from the bench Monday after hearing submissions from counsel, according to Borderland Pride.
The court found the Township and McQuaker had not first pursued the Human Rights Tribunal’s reconsideration process, making the judicial review premature. A local report from the hearing said the court questioned why the municipality had not s
ought reconsideration before coming to Divisional Court, and dismissed the judicial review pending that step.
Under the Human Rights Tribunal’s rules, a party may request reconsideration of a final decision within 30 days. A late request will not be granted unless the Tribunal is satisfied the delay was incurred in good faith and that no substantial prejudice would result.
The court left open a limited path for the Township and mayor to seek reconsideration from the Tribunal, including asking that a late request be accepted.
If the Tribunal issues a reconsideration decision, the applicants may seek to revive the judicial review at that time.
Borderland Pride responds
“Today’s dismissal is another clear defeat for the Township of Emo and Mayor McQuaker in their ongoing attempt to justify discrimination against 2SLGBTQIA+ people,” said Douglas W. Judson, a director of Borderland Pride.
“After years of litigation and an adverse Human Rights Tribunal ruling, they now find themselves back at square one because they failed to follow the proper process. Taxpayers deserve to know how much money has been spent pursuing this campaign — and why the Township continues to fight so hard against equality, inclusion and basic human dignity.”
Background: Tribunal found discrimination in 2024
The underlying case stems from Borderland Pride’s request that Emo declare June as Pride Month and display a Pride flag. The Human Rights Tribunal of Ontario released its decision on Nov. 20, 2024, finding the Township of Emo and Mayor McQuaker discriminated against Borderland Pride in the provision of a municipal service.
The Tribunal awarded $15,000 in compensation, including $5,000 personally from McQuaker and $10,000 from the Township. It also ordered human rights training, according to prior reporting and case summaries.
Ontario’s Human Rights Code protects people from discrimination in services, goods and facilities, including on the basis of sexual orientation, gender identity and gender expression.
Regional implications for Northwestern Ontario
For municipalities in the Rainy River District, Thunder Bay and across Northwestern Ontario, the case is a reminder that symbolic decisions by councils can still carry legal consequences when they involve public services and protected grounds under human rights law.
The ruling also keeps public attention on legal costs. Borderland Pride says the Township continues to oppose an appeal before the Information and Privacy Commissioner of Ontario related to disclosure of taxpayer-funded legal fees connected to the Pride proclamation dispute.
Prior NetNewsLedger reporting noted the organization had sought disclosure of the Township’s legal spending under municipal freedom of information law.
Intervenors and representation
Borderland Pride is represented by Goldblatt Partners LLP. Justice for Children and Youth and Fierté Canada Pride participated as intervenors in support of Borderland Pride. Earlier court records show Justice for Children and Youth, Fierté Canada Pride and the Canadian Constitution Foundation were granted leave to intervene, while another proposed intervener was denied leave.
What happens next
The next step, if the Township and mayor choose to continue, would be a reconsideration request before the Human Rights Tribunal of Ontario. Because the normal 30-day deadline has passed, they would have to address the Tribunal’s late-filing rules.
If the Tribunal deals with reconsideration, the Divisional Court may later be asked to revive the judicial review. Until then, the 2024 Tribunal ruling remains the central decision in the dispute.
Borderland Pride is the 2SLGBTQIA+ organization serving Fort Frances and surrounding communities across Northwestern Ontario.
