MONTREAL — A Quebec 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 has ruled Ward made discriminatory comments about 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.
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."
Gabriel's manager, Jean Perruno, welcomed the ruling.
"It's really liberating because I've worked with him for a long time and I can tell you the little guy has been very affected by all this," Perruno said. "So, I am happy for him, really."
Perruno said he hopes the ruling will put an end to Gabriel's suffering.
"Jeremy hasn't been feeling well," he said. "He was constantly being harassed, be it on the Internet or at school. It was incredible. It wasn't just once in a while. It was almost every day."
Ward's lawyer, Julius Grey, says 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."
