Comedian Mike Ward ordered to pay $35K to Jrmy Gabriel - Action News
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Comedian Mike Ward ordered to pay $35K to Jrmy Gabriel

Quebec's Human Rights Tribunal has ruled that comedian Mike Ward must pay former child singer Jrmy Gabriel $35,000 for making jokes about his disabilities.

Human Rights Tribunal orders stand-up comic to pay $25K for moral damages, $10K for punitive damages

During Wards set at The Nasty Show he spoke almost exclusively about the judgment.

8 years ago
Duration 0:38
Ward told the audience at The Nasty Show that if he had tried to guess which joke it was that the Human Rights Tribunal called him on he would only have gotten in more trouble.

Quebec's Human Rights Tribunal has ruled that comedian Mike Ward must payJrmy Gabriel $35,000 for making jokesthat violated his rights.

Ward has beenordered to pay the former child singer with disabilities$25,000 in moraldamages and $10,000 in punitive damages.

Hewill also need to paySylvieGabriel,Jrmy'smother, a total of$5,000 for moral damages and $2,000 for punitive damages.

JrmyGabriel, asinger withTreacher Collins syndrome, became famous in Quebec after he was flown to Rome to sing for the Pope in 2006, when he was 10 years old.

Ward becamethe subject of a complaint made to the Human Rights Tribunal in 2012for making fun of Gabriel in his comedy show,Mike Ward'seXpose.

The jokesgoback to 2010, when Warddid a bit about "petitJrmy."

The plaintiff argued the jokes gravely affected Gabriel's dignity.

During the case, Gabriel's lawyer Marie Dominique argued that there is adifference between making fun of a public figure and making fun of a child with a disability.

Jrmy Gabriel has Treacher Collins syndrome. He previously had 15 minutes of fame when he flew to Rome to sing for the Pope. (Radio-Canada)
Dominique said Ward's jokes reinforced stereotypes of people with disabilities, adding thatthe jokes hurtthe boy's confidence, his career andledto bullying inschool.

The judge, Scott Hughes, concluded the jokes went beyond being an exercise in freedom of expression.

"The discrimination thatJrmy fell victim to is unjustifiable,"Hughes said in his judgment released late Wednesday.

'Mandate to appeal'

Ward'slawyer,JuliusGrey,argues thatWard was exercising freedom of expression and that his client was operating within the norms of comedy.

Grey says he will appeal the decision.

"I'm in total disagreement with the decision and I've already received the mandate to appeal it," Grey told CBC News.

"I'm in such disagreement with the judgment that I couldn't even take it apart in bits and pieces. The whole judgment needs to be taken to appeal."

Freedom of expression

The founder of the Just for Laughs festival,Gilbert Rozon, said any time the law begins to scrutinize freedom of expression he gets worried.

"I think freedom of expression like the assumption of innocence is something we've worked hard for over many centuries," Rozon said following the ruling.

"I'm always worried when we get too involved in it, putting down rules, laws, over what we can and cannot say. It always gives me a certain fear."

Ward is scheduled to appear as part of the Just for Laugh's festival in The Nasty Show from Wednesdayuntil Friday.

During his Wednesday night set, he spoke almost exclusively about the judgment.

He said, "I didn't know there was a Human Rights Tribunal until I got sued."

"One day the caller ID read:Human Rights Tribunal. When Ianswered the woman said, 'Mr. Ward, we're calling you about one of your jokes. We think you know the one.'"

Ward told the audience at The Nasty Show thatif he had tried to guess whichjoke it was he would only get in more trouble since all his jokes could be considered offensive.

with files from Sean Henry, Radio-Canada