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[News]How a disability joke ended up before the Supreme Court of Canada


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Jeremy Gabriel y Mike Ward

Jeremy Gabriel and Mike Ward want the Canadian justice to solve the case.

 

A decade ago, as part of his number, a Canadian comedian started telling a joke about a young singer with a disability. That joke ended in front of the highest court in Canada.

 

Jeremy Gabriel was born with Treacher Collins syndrome, a genetic disorder that can affect facial bone structure. In his case, it caused him severe deafness.

 

Despite this, he fulfilled his dream of becoming a singer, and went on to perform before public figures, from singer Céline Dion to Pope Benedict XVI.

 

He became a celebrity in his native Quebec.

 

In 2010, a po[CENSORED]r comedian from that Canadian province, Mike Ward, known for his dark and daring humor, did a 90-minute monologue.

 

In addition to thorny issues about race and religion, he focused on the "sacred cows," he said, of the province's celebrity system - people who, in his opinion, were for various reasons too rich or too powerful, leaving them off limits to humor.

 

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The repercussions of that spectacle have lasted almost a decade in Quebec and culminate this February 15, when the long legal battle over a joke that Ward told about Gabriel will be heard by the Supreme Court of Canada.

 

A joke repeated over 200 times


As part of her number, Ward targeted people like Céline Dion and her late husband, René Angélil, among others.

He also spoke about Gabriel, who by then was known in the press as "Petit Jeremy" and who had also released an album and an autobiography.

 

Ward said that he had mistakenly believed that Gabriel's condition was terminal. He also joked about Gabriel's appearance in relation to his disability.

 

In addition to thorny issues about race and religion, he focused on the "sacred cows," he said, of the province's celebrity system - people who, in his opinion, were for various reasons too rich or too powerful, leaving them off limits to humor.

 

"He is not a 'bully', he has a disability that cannot be seen": the viral letter of a mother who defends the "invisible" disorders of her son


The repercussions of that spectacle have lasted almost a decade in Quebec and culminate this February 15, when the long legal battle over a joke that Ward told about Gabriel will be heard by the Supreme Court of Canada.

 

A joke repeated over 200 times


As part of her number, Ward targeted people like Céline Dion and her late husband, René Angélil, among others.

He also spoke about Gabriel, who by then was known in the press as "Petit Jeremy" and who had also released an album and an autobiography.

 

Ward said that he had mistakenly believed that Gabriel's condition was terminal. He also joked about Gabriel's appearance in relation to his disability.

 

It was then that the family filed a human rights complaint.

 

When Ward's case was brought before the Quebec Human Rights Court, a specialized court that handles cases related to discrimination or harassment under the provincial bill of rights, the comedian lost.

 

Beyond freedom of expression


The court found that he had "exceeded the limits of freedom of expression" and that his joke was discriminatory on the grounds of disability.

 

He appealed and, in a split 2019 decision, the Court of Appeals mostly upheld the court's decision, as well as a $ 27,500 award for Gabriel for moral and punitive damages.

 

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The court's intention "is not to restrict creativity or censor the opinions of artists," the ruling said, but "comedians, like any citizen, are responsible for the consequences of their words when they cross certain lines."

 

Ward had already decided that if he lost, he would seek to take the fight to the Supreme Court of Canada.

 

"Comedy is not a crime," he said in a statement released after the Court of Appeals decision. "In a 'free' country, it shouldn't be up to a judge to decide what constitutes a joke on stage."

 

He said that the laughter of the crowd "answered that question."

 

Ward has said he is refusing to pay damages: "not for me, but for the young comedians, the comedians of tomorrow." He argues that it is fundamental to the trade that comedians can take risks.

 

And he maintains that because Gabriel was a public figure he was open to satire.

 

Gabriel, however, responds: "Being a public person does not mean that you no longer have any rights."

"A line has been crossed, I strongly believe in that," he adds.

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