The court also reprimanded Quebec\u0027s Human Rights Tribunal for taking on discrimination cases based solely on expression
“A discrimination claim is not, and must not become, an action in defamation,” said the majority decision, co-written by Chief Justice Richard Wagner and Justice Suzanne Côté. “The two are governed by different considerations and have different purposes.”
“It’s been five years, and…f***, he’s not dead yet!” Ward said in his routine, translated from French. The Quebec Court of Appeal upheld the tribunal ruling in a 2-1 decision; Ward then appealed to the Supreme Court of Canada. There may still be cases of allegedly discriminatory speech that are properly decided at a human rights tribunal, the ruling goes on to say, but the Gabriel case is not one of those.
“It must first be asked whether a reasonable person, aware of the relevant context and circumstances, would view the expression targeting Mr. Gabriel as inciting others to vilify him or to detest his humanity on the basis of a prohibited ground of discrimination,” the ruling said. “It must then be asked whether this reasonable person would view the expression, considered in its context, as likely to lead to discriminatory treatment of Mr. Gabriel. In our opinion, the comments made by Mr.
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