Canadian Town Fined And Mayor Sent For Compulsory Education After Failing To Hoist Pride Flag

Authored by Jonathan Turley,

CBC News is reporting that the Ontario Human Rights Tribunal has ordered the small town of  Emo to pay damages after failing to hoist an “LGBTQ2 rainbow flag” in celebration of Pride Month. One problem is that the town of fewer than 2000 inhabitants does not have a flagpole (though you could presumably “show the flag” in other ways).

The National Post reports, that there has been a lengthy arbitration process between the tribunal and the town.

In a decision handed down last week, the Human Rights Tribunal of Ontario found that Emo, its mayor, and two councilors violated the Ontario Human Rights Code. The tribunal admitted in a later opinion that “the record indicated the Township did not receive many requests for declarations or proclamations or requests for display of a flag.”

Indeed, in a single 12-month period, they received only four — two from Borderland Pride.

Emo does not have a central flagpole, other than the Canadian flag over the front door of the Emo Municipal Office.

One issue that factored greatly in the tribunal hearings occurred during the debate over the flag proposal, which the council rejected by a vote of three to two. In the meeting. Mayor Harold McQuaker stated, “There’s no flag being flown for the other side of the coin … there’s no flags being flown for the straight people.”

Doug Judson, a lawyer and a member of Borderland Pride’s board of directors, said that “the important thing we were seeking here was validation … as 2SLGBTQA plus people.”

The tribunal ruled that Borderland Pride will be awarded $15,000, with $10,000 coming from the township and $5,000 from Emo mayor Harold McQuaker.

At first, the fine against “McQuaker” in the town of “Emo” for failing to hoist an “LGBTQ2 rainbow flag” on a non-existent flagpole seemed too contrived.

However, the mayor of Emo is a McQuaker, and the Canadian press is standing by the story.

For years, the Canadian human rights tribunals have been the spearhead of the anti-free speech movement. We have previously discussed the tribunals (here, here, and here) in such controversies.

Not only must the town pay the fines, but McQuaker and Emo’s chief administrative officer were ordered to complete an online course called “Human Rights 101” and “provide proof of completion … to Borderland Pride within 30 days” as recompense for their disobedience.

The Post report notes the course being offered by the Ontario Human Rights Commission. The animated video begins with what McQuaker must feel is a tad Orwellian with a statement that the Human Rights Code “is not meant to punish.” After all, being retrained to be a better human can hardly be viewed as punishment.

Hoist that on your nonexistent flagpole.

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Here is the opinion: Ontario Human Rights Tribunal 

Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”