Final submissions from the lawyers representing the township of Emo and three elected officials from the 2020 council have been made to a Human Rights Tribunal.
The Tribunal was held into Borderland Pride’s complaint launched after the township council rejected a Pride proclamation.
Mayor Harold McQuaker, Councillor Harrold Boven and then Councillor Warren Toles were named in the complaint.
Paul Cassan, who represented the three elected officials, used much of his time disputing claims put forward by the Pride group’s lawyers in their final submission made on Wednesday.
Cassan took exception to claims that his clients’ actions were a reckless breach of the human rights code.
He argued the council members took an informed approach, noting the passing of a 2019 proclamation that was rewritten to make it more inclusive.
That proclamation removed all references to the LGBTQ community.
Evidence submitted noted Borderland Pride asked for the reasons behind the move but was provided with no response.
Cassan also disputed the suggestion that council found Borderland Pride’s proclamation objectional, saying a lengthy resolution was not wanted.
He argued audio recordings of the council meetings revealed efforts to find solutions that balanced the interests of the entire community.
Cassan denied his clients were trying to be harmful or exclusionary.
Cassan also defended Mayor McQuaker’s comments about the absence of a “Straight Pride Flag” made during council’s debate.
Cassan says while it was not the most articulate way to express concern, it did illustrate McQuaker’s efforts to grapple with the issue.
Allan McKitrick, who is representing the municipality, told the Tribunal that all of council was interested in making a proclamation.
He also suggested that McQuaker’s remarks were not done to be malicious or in bad faith.
McKitrick also drew attention to derogatory online comments presented as evidence, saying it was unfair to take a few comments as representative of the entire community.
Borderland Pride is seeking $45,000 in damages, $15,000 from the municipality and $10,000 from each councillor named.
A request to double the figures was denied by the Tribunal’s adjudicator.
Borderland Pride is also seeking a public apology and a commitment from the township to support future Pride proclamations.
Because of the Tribunal’s caseload, a ruling on the matter is not expected for several months.
