Human Rights in Canada

Canadian comedian Mike Ward has launched a crowdfunding appeal to help pay his legal costs after being fined for cracking a bad-taste joke against a disabled teenager.

Montreal's misleadingly named 'Human Rights' Tribunal ordered the comic to pay Jérémy Gabriel  $35,000 (£20,000) for the hurt caused, and another $7,000 (£4,000) to Gabriel's mother, Sylvie.

However, Ward has refused to pay, and plans to launch an appeal. He says his stance has pushed his legal costs up to $93,000 (£54,000) which he is now hoping to cover from his fans and supporters. Writing on GoFundMe, Ward said:

I told a joke. Was it in bad taste? Yes. Comedians should be allowed to tell jokes, even crass, hurtful ones. Hurt feelings shouldn't dictate what a comedian can or can not do on stage.

I've already spent 93 thousand dollars to make sure I don't have to pay 42K... I'm either really bad at math or I take free speech pretty goddamn seriously.

The jokes that landed him in trouble were aimed at Gabriel, who was born with a skull deformity called Treacher Collins syndrome. He became well-known in Quebec after he was flown to Rome to sing for Pope Benedict in 2006. One gag in Ward s'eXpose tour and 2012 special was about Gabriel getting so much attention over his condition but now, five years later, and he's still not dead! ... Me, I defended him, like an idiot, and he won't die!".

'Justice' Scott Hughes found that the French-language routine went beyond the limits that a reasonable person must tolerate in the name of freedom of expression .

Ward will perform a show at the Edinburgh Fringe next week about his freedom of speech battles.

There's a debate in the Canadian province of Quebec over the future of free speech. The Quebec Parliament is currently debating whether to pass Bill 59, a bill that would grant the Quebec Human Rights Commission (QHRC) the authority to investigate so-called hate speech , even without a complaint being filed.

The Head of the QHRC, Jacques Frémont has already openly said that he plans to use such powers:

"To sue those critical of certain ideas, 'people who would write against ... the Islamic religion ... on a website or on a Facebook page'"

The legality of the QHRC asserting jurisdiction over the entire Canadian Internet-using public is under debate, but the consensus in Canada appears to be that this bill is a step backwards.  In 2013, the Canadian parliament moved to end scrutiny of Internet speech by its Human Right Commissions when it abolished the infamous Section 13 , of Canada's Human Rights Act. The elimination of the censorious clause followed a successful campaign given voice by Mark Steyn and Ezra Levant after the two were targeted for writings and publications which reportedly "offending" Muslims.

But like a zombie rising from the grave, the idea of censoring "blasphemous" speech, continues to come back, no matter how dead it may have appeared.