On December 19, 2024, the Corporation of the Township of Emo (“Emo Township”) and its incumbent Mayor
Harold McQuaker (“Mayor McQuaker”) filed its notice of application for judicial review of the Human Rights Tribunal of Ontario’s (“HRTO”) decision dated November 20, 2024. The decision held that Mayor McQuaker and the Emo Township discriminated against Borderland Pride - a Non-Government Organization (“NGO”) focused on supporting and promoting the 2SLGBTQ+ community in the Borderland region - when it refused to grant its request for a proclamation declaring June as Pride month in the Emo Township. Mayor McQuaker was ordered to pay Borderland and the Emo Township $5,000 personally, and Emo Township was ordered to pay Borderland $10,000. Additionally, the HRTO ordered Mayor McQuaker and Emo Township’s Chief Administrative Officer to complete the eLearning Module titled “Human Rights 101” published by the Ontario Human Rights Commission (“OHRC”).
This widely reported decision has become a hotbed of contention among right-leaning conservative factions as an assault on free speech. In addition to providing an overview of the Borderland decision and the application for judicial review, this article will briefly discuss the merits, if any, of escalating public opinion that the Borderland decision is an illegitimate attack on the freedom of expression rights and protections under the Canadian Charter of Rights and Freedoms (the “Charter”).