Comedian must pay damages to young singer

MONTREAL — A comedian has been ordered to pay $35,000 in moral and punitive damages to a young artist for jokes about his singing and his disfigurement.

Mike Ward also has to give Jeremy Gabriel’s mother $7,000.

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

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

Gabriel sang for the pope in 2006 and has also performed for Céline Dion.

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

Judge Scott Hughes said two basic rights were in play — freedom of expression and the right to protection against discriminatory comments.

The judge 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,” Judge Hughes wrote. “Plus, having a such a platform imposes certain responsibilities.”

Ward’s lawyer, Julius Grey, said an appeal would 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.”

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

“It’s a lack of understanding, on his [Ward’s] 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,” Gabriel said 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.”