By Canadian Press

Quebec singer disappointed comic will appeal ruling by human-rights tribunal

Jul 21, 2016 | 8:35 AM

MONTREAL — A young Quebec artist expressed disappointment Thursday a comedian is appealing a human-rights ruling he must give him $35,000 for mocking his appearance and singing.

The Quebec Human Rights Tribunal ruled Wednesday that Mike Ward made discriminatory comments about Jeremy Gabriel’s handicap during shows between 2010 and 2013.

Gabriel, who is now 19, has Treacher Collins syndrome, a congenital disorder characterized by craniofacial deformities.

He is well-known in Quebec and sang for the pope in 2006. He has also performed for Celine Dion.

In a video of one of Ward’s performances, he can be seen calling Gabriel ugly and wondering why he hasn’t died five years after getting his wish to sing in front of the pope.

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While very satisfied with the ruling, Gabriel said he is disappointed Ward intends to challenge it.

“It’s a lack of understanding, on his part, of the reasons for the complaint, the reasoning of the human rights tribunal, and of the cause he claims to defend: freedom of expression,” he told The Canadian Press after a news conference.

Gabriel said the case was more about discrimination than free speech.

“In this case, freedom of expression is a false debate,” he said. “When you use discriminatory motives that incite hatred, you can’t talk about freedom of expression.

“The jokes and the skit of (the show) can’t be defended under freedom of expression because they directly attack my rights, my right to equality. That’s mainly what I wanted to prove.”

The tribunal ruling stipulates he must also give Gabriel’s mother $7,000.   

The judge in the case said two basic rights were in play: freedom of expression and the right to protection against discriminatory comments. He ruled in favour of the latter.

“Unacceptable remarks made in private do not automatically become lawful just because they’re made by a comedian in the public domain,” wrote Judge Scott Hughes. “Plus, having a such a platform imposes certain responsibilities.”

Ward’s lawyer, Julius Grey, said an appeal will be forthcoming.

“I disagree completely with this judgment,” he said. “I think there needs to be an appeal…so the case will continue.

“Freedom of expression doesn’t always mean being very polite. Freedom of expression means that harsh things can be said.”

Gabriel indicated he is ready to keep fighting if need be.

“If it’s to continue, it will continue and I will be present,” he said.

Caroline St-Pierre, The Canadian Press