December 3, 2024
The defence also argued that McQuaker should be shielded from paying damages under Section 448 (1) of the Municipal Act, which shields municipal employees from lawsuits for “any act done in good faith in the performance or intended performance of a duty or authority.” However, the Tribunal found that the mayor had not acted in good faith.

Ontario town fined $15,000 after voting not to recognize Pride Month and fly Pride flag

A small rural township in the southwest corner of Northern Ontario and its mayor has been fined $15,000 for “discrimination” following a 2020 vote that decided not to recognize June as Pride Month and to reject flying a Pride Flag.

In 2020, Borderland Pride, an LGBT+ Pride organization for the Rainy River District in Northwestern Ontario, launched a lawsuit against the town, its mayor and councillors for discriminating against a group protected by the Human Rights Code in the provision of services.

The group successfully argued that offering proclamations for community events and causes is a service offered by the municipality and, therefore, cannot discriminate against a group based on protected grounds such as gender identity and gender expression.

The Human Rights Tribunal of Ontario announced its decision Wednesday that Emo, Ont., would pay $10,000 and its mayor Harold McQuaker, whose vote was the deciding factor on the motion to refuse the Pride Month proclamation, to pay $5,000 to Borderland Pride.

“The Tribunal’s decision affirms that 2SLGBTQIA+ people are entitled to access services offered by their municipality free from discrimination,” Douglas Judson, Co-Chair and Director of Borderland Pride, told True North. “It also sends a strong message that civic leaders in communities of all sizes – including mayors – have obligations to treat members of their community without discrimination on the basis of protected grounds.”

The lawsuit also named Councillors Harrold Boven and Warren Toles, who voted against the motion to accept the Pride group verbiage on a proclamation. However, the Tribunal found their reasons for voting “nay” in good faith and not discriminatory.

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Jack’s Note: Emo should refuse to pay the fine and take this argument all the way to the Supreme Court if necessary. This decision affects every municipality in Ontario and can’t be left standing.

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