[51] However, Mayor McQuaker’s remark during the May 12 council meeting that there was no flag for the “other side of the coin … for straight people” was on its face 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. I find this remark was demeaning and disparaging of the LGBTQ2 community of which Borderland Pride is a member and therefore constituted discrimination under the
Code.
[52] Moreover, I infer from the close proximity of Mayor McQuaker’s discriminatory remark about the LGBTQ2 community to the vote on Borderland Pride’s proclamation request that Borderland Pride’s protected characteristics were at least a factor in his nay vote and therefore it too constituted discrimination under the
Code.
[53] Having found that Mayor McQuaker’s nay vote was discriminatory, I must therefore find that council’s vote to defeat the resolution proclaiming Pride Month in the language submitted also constituted discrimination under the
Code.
[54] Accordingly, I find that the applicant Borderland Pride has established on a balance of probabilities that the Township denied its 2020 proclamation request at least in part because of Borderland Pride’s protected characteristics, contrary the
Code.
[55] I am however unable to find, based on the evidence presented, that the nay votes of Mr. Boven and Mr. Toles constituted discrimination under the
Code. Both councillors expressed non-discriminatory reasons for their nay votes. Both wanted to delay the vote until a flags and proclamations policy was in place and Mr. Boven attempted to move to do so. Furthermore, following the vote on Borderland Pride’s requests, Mr. Toles proposed proclaiming Pride Month in similar language to the 2019 proclamation that was unanimously passed. No evidence was presented that these actions were taken for discriminatory reasons and I find that they were not.
[56] While I acknowledge Mr. Boven’s testimony that some of the proposed proclamation language was contrary to his own personal religious beliefs, he also said that his faith does not impact the decisions he makes as a councillor and that as an elected representative he must represent the whole community. Mr. Boven’s evidence was consistent in this regard, and in the absence of evidence to the contrary, I accept it.
[57] For all of the reasons above, I find that Borderland Pride has failed to prove on a balance of probabilities that its protected characteristics were a factor in the nay votes of Mr. Boven and Mr. Toles. Accordingly, the Application as against Mr. Toles and Mr. Boven is dismissed.