Canadian mayor fined for LGBT-related thought crime for refusal to comply
The Canadian town of Emo and its leader have incurred a total of $15,000 in penalties for their decision to decline the display of the rainbow flag during Pride Month. Read Full Article at RT.com.
TroibNews 
Refusing to display the rainbow flag during Pride Month has resulted in the township of Emo and its mayor incurring a total of $15,000 in penalties.
The mayor of Emo, a Canadian township near Minnesota, must personally pay $5,000 to an LGBTQ organization for the harm caused to their self-respect. Additionally, the township itself is responsible for a $10,000 penalty.
The issue began in 2020 when Borderland Pride, a Canadian non-profit, requested recognition of Pride Month from town officials. While the township had honored this request in previous years, it chose to revise its proclamations policy, which had not yet been enacted when the request was made. Consequently, a council vote resulted in a 3-2 decision to reject the request.
The amendment to the policy was not regarded as urgent, particularly during the peak of the COVID-19 pandemic, since there had been minimal requests in prior years. The single request from Borderland Pride represented half of the town's total requests for proclamations, declarations, or flag displays during the April 2019 to April 2020 period.
Although the group had requested the rainbow flag be flown for a week and sought photos for social media, the proposal was not acted upon as the town lacked a flagpole.
Borderland Pride subsequently lodged a complaint with the Ontario Human Rights Tribunal, which rendered a decision on November 20, 2024.
In Canada, the purpose of human rights tribunals is to handle complaints regarding discrimination based on prohibited factors such as race, religion, age, gender, sexual orientation, marital status, and criminal convictions. The tribunal can impose cash awards and other remedies if the complainant establishes at least a 50 percent likelihood of discrimination.
In this instance, the tribunal accepted that the council did not consider flying the flag due to the absence of a flagpole but pointed out that the flag could have been displayed elsewhere. It refrained from ordering the mayor to carry the flag.
The tribunal also acknowledged that two of the council's votes against the Pride Month proclamation were made in good faith, stemming from a reluctance to adopt proclamations before a new policy was formulated. Only the mayor's negative vote raised concerns.
During the council meeting that preceded the vote, Mayor Harold McQuaker commented, “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 that the mayor’s remark was “dismissive of Borderland Pride’s flag request and demonstrated a lack of understanding of the importance to Borderland Pride and other members of the LGBTQ2 community of the Pride flag,” thus constituting discrimination.
The ruling suggested that the mayor's comments reflected homophobic sentiments, concluding that the denial of the Pride Month proclamation was likely influenced by this bias.
“I don’t hate anybody,” McQuaker stated. “We just don’t have a flagpole at our town hall,” he told the Toronto Sun. However, the tribunal proceeded with its findings regardless.
Expert testimony given during the hearing claimed that “anti-LGBTQ rhetoric by President Trump, Vice-President Pence, and members of Trump’s cabinet during his presidency visibly increased the amount of hate and violence” towards LGBTQ individuals. In contrast, some argue that the public backlash was more about the push for special interest agendas during difficult times. The expert further attempted to connect social media negativity towards Borderland Pride with the mayor's stance.
Borderland Pride sought to reschedule Pride Month for 2020 and mandated that it be included every June thereafter, but this request was declined. However, the tribunal did require Mayor McQuaker to complete the province's human rights training course within 30 days, providing proof to Borderland Pride upon completion.
McQuaker has expressed his discontent with the tribunal's ruling, labeling it “extortion” and indicating that he has no intention of complying.
This situation illustrates how special interest agendas can infiltrate everyday governance, often chilling free expression and dissenting opinions through pressure and activism.
Ramin Sohrabi contributed to this report for TROIB News
The mayor of Emo, a Canadian township near Minnesota, must personally pay $5,000 to an LGBTQ organization for the harm caused to their self-respect. Additionally, the township itself is responsible for a $10,000 penalty.
The issue began in 2020 when Borderland Pride, a Canadian non-profit, requested recognition of Pride Month from town officials. While the township had honored this request in previous years, it chose to revise its proclamations policy, which had not yet been enacted when the request was made. Consequently, a council vote resulted in a 3-2 decision to reject the request.
The amendment to the policy was not regarded as urgent, particularly during the peak of the COVID-19 pandemic, since there had been minimal requests in prior years. The single request from Borderland Pride represented half of the town's total requests for proclamations, declarations, or flag displays during the April 2019 to April 2020 period.
Although the group had requested the rainbow flag be flown for a week and sought photos for social media, the proposal was not acted upon as the town lacked a flagpole.
Borderland Pride subsequently lodged a complaint with the Ontario Human Rights Tribunal, which rendered a decision on November 20, 2024.
In Canada, the purpose of human rights tribunals is to handle complaints regarding discrimination based on prohibited factors such as race, religion, age, gender, sexual orientation, marital status, and criminal convictions. The tribunal can impose cash awards and other remedies if the complainant establishes at least a 50 percent likelihood of discrimination.
In this instance, the tribunal accepted that the council did not consider flying the flag due to the absence of a flagpole but pointed out that the flag could have been displayed elsewhere. It refrained from ordering the mayor to carry the flag.
The tribunal also acknowledged that two of the council's votes against the Pride Month proclamation were made in good faith, stemming from a reluctance to adopt proclamations before a new policy was formulated. Only the mayor's negative vote raised concerns.
During the council meeting that preceded the vote, Mayor Harold McQuaker commented, “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 that the mayor’s remark was “dismissive of Borderland Pride’s flag request and demonstrated a lack of understanding of the importance to Borderland Pride and other members of the LGBTQ2 community of the Pride flag,” thus constituting discrimination.
The ruling suggested that the mayor's comments reflected homophobic sentiments, concluding that the denial of the Pride Month proclamation was likely influenced by this bias.
“I don’t hate anybody,” McQuaker stated. “We just don’t have a flagpole at our town hall,” he told the Toronto Sun. However, the tribunal proceeded with its findings regardless.
Expert testimony given during the hearing claimed that “anti-LGBTQ rhetoric by President Trump, Vice-President Pence, and members of Trump’s cabinet during his presidency visibly increased the amount of hate and violence” towards LGBTQ individuals. In contrast, some argue that the public backlash was more about the push for special interest agendas during difficult times. The expert further attempted to connect social media negativity towards Borderland Pride with the mayor's stance.
Borderland Pride sought to reschedule Pride Month for 2020 and mandated that it be included every June thereafter, but this request was declined. However, the tribunal did require Mayor McQuaker to complete the province's human rights training course within 30 days, providing proof to Borderland Pride upon completion.
McQuaker has expressed his discontent with the tribunal's ruling, labeling it “extortion” and indicating that he has no intention of complying.
This situation illustrates how special interest agendas can infiltrate everyday governance, often chilling free expression and dissenting opinions through pressure and activism.
Ramin Sohrabi contributed to this report for TROIB News
