FORT FRANCES – Although Adjudicator Karen Dawson's decision won’t come for some time, the final remarks from attorneys representing Borderland Pride, the township of Emo, and its three elected officials will give her much to ponder.
The main arguments presented by Borderland Pride lawyer Douglas Elliott were that Emo council's decision to reject the 2020 Pride Month proclamation was done in bad faith.
Elliot argued the decision made by three councillors, Mayor Harold McQuaker, Coun. Harrold Boven and former Coun. Warren Toles, was based on homophobia.
The counterarguments by Paul Cassan, who is representing McQuaker, Boven, and Toles, described a group of councillors trying to strike a balance in proclaiming language used in the Borderland Pride 2020 proclamation that wasn’t inclusive enough.
Cassan told Dawson that the councillors' decision to reject the Borderland Prides proclamation wasn’t done out of malice towards a minority group. Still, they felt the 2020 proclamation would alienate the majority of Emo’s population who identify as heterosexual, which Cassan said the Human Rights Code protects.
Although Allan McKitrick, the lawyer representing the Municipality of Emo, stated the Human Rights Code was created to protect the minority, not the majority.
Elliot brought up a petition circulated by Borderland Pride, which was presented to Emo’s council, and showed 29 people were in favour of pride. Zero people were not in favour.
Cassan poked holes in Elliot’s argument by stating that the petitions only considered information presented to council to aid them in a decision. They “have no legal significance.”
However, during his closing argument, Elliot pointed out that the Borderland Pride proclamation was inclusive to those identifying as straight because the ‘A’ in 2SLGBTQIA+ stood for ‘Ally’.
Therefore, Cassan's argument would be rendered moot unless the council intended to ensure equality for people who do not align themselves as allies.
Nevertheless, McQuaker’s testimony claimed that his actions were on behalf of the majority who didn’t want the town to fly a Pride flag at the municipal building or acknowledge Pride month in the community using the Borderland Pride proclamation.
Cassan said that McQuaker’s use of language in the May 12 regular council meeting was due to a lack of education on why 2SLGBTQIA+ language was necessary.
He alluded to McQuaker’s age, 76, and that he was a first-time municipal councillor might have been a factor.
In McKitrick's closing arguments, he reiterated that the councillors were not prepared for the 2SLGBTQIA+ language in the Borderland proclamation, which was why Boven asked council to put the motion on hold until they could receive more information.
McKitrick claimed “Boven wanted more information” and then proceeded to ask, “how is that discrimination? He wanted to learn.”
Boven’s request did not get seconded by any other councillor - therefore, council moved toward a three to two vote in favour of rejecting the proclamation.
McKitrick insisted monetary compensation is not necessary as a remediation, but training regarding 2SLGBTQIA+ will benefit Emo’s council members.
Tim Phelan, the lawyer representing Borderland Pride, argued monetary compensation is the norm for these proceedings and should be included in Dawson's decision.
