Reaction to the Supreme Court ruling on Mike Ward's comments about Jeremy Gabriel
Montreal, October 29, 2021 - The Commission des droits de la personne et des droits de la jeunesse today took note of the Supreme Court's decision which, by a five to four vote, overturned the judgments of the Human Rights Tribunal and the Court of Appeal concerning the discriminatory nature of certain remarks made by Mike Ward about Jérémy Gabriel.
"The Commission wishes to acknowledge Jeremy Gabriel's courage in having gone through a process that was certainly confronting at such a young age. He managed to overcome the impact that Mike Ward's comments had on him and we believe he represents a model for young people who are victims of bullying, regardless of the Supreme Court's verdict," said Philippe-André Tessier, President of the Commission.
After receiving a complaint of discrimination from Jeremy Gabriel and his parents, the Commission investigated and found sufficient evidence of discrimination. This was also the conclusion of the Human Rights Tribunal and the Court of Appeal. The process went all the way to the Supreme Court, which was to rule for the first time on the issue of reconciling the right to recognizing dignity in equality and freedom of expression.
"The court battle I just got out of lasted almost ten years and took up a lot of my time and energy. Not only was it a high-profile court case, but it was also a debate with polarizing social and moral implications. It was a great honor for me to be part of this debate and to have my say," said Jeremy Gabriel.
In its appeal, the Commission, which has both the mandate to apply the Charter and to protect the rights of the child, sought to defend the dignity of a young teenager targeted by discriminatory comments on the basis of his handicap, the right to dignity in all equality being protected by the Charter of Human Rights and Freedoms. That said, the Commission was not trying to put humour on trial or to limit the freedom of expression of comedians more broadly, which is protected by the Charter. Indeed, freedom of expression is one of the foundations of a democratic society and the Commission will continue to defend it in all forums, just as it will continue to defend the right to equality of all persons in Quebec.
In this sense, the Commission hopes that the Supreme Court's decision will not discourage people who have been targeted by discrimination from asserting their rights and reminds us that any person who believes he or she has been a victim of discrimination may contact the Commission to file a complaint. The Commission's services are available free of charge to anyone in Quebec.
The Commission des droits de la personne et des droits de la jeunesse (Human Rights and Youth Commission) ensures the promotion and respect of the principles set out in the Québec Charter of Human Rights and Freedoms. It also ensures that the interests of children are protected and that their rights recognized in the Youth Protection Act are respected and promoted. In addition, the Commission oversees compliance with the Act respecting Equal Access to Employment in Public Bodies.
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Contact:
Meissoon Azzaria
438 622-3652
meissoon.azzaria@cdpdj.qc.ca
Related link:
Supreme Court Judgment
