The artist Franck Sylvestre files an action for damage to his reputation: he considers the comments made about his person and his show to be defamatory, Blackbeard’s Incredible Secretwhich included a black puppet that its detractors likened to blackface.
This legal case will be called upon to examine the concepts of freedom of expression and preservation of reputation.
Mr. Sylvestre is suing Alain Babineau, one of the spokespersons for the Red Coalition, an organization dedicated to eliminating the practice of racial profiling and systemic racism. He accuses Mr. Babineau of having damaged his reputation.
Franck Sylvestre, a multidisciplinary Quebec artist of Martinican origin, created a puppet show for children, Blackbeard’s Incredible Secret, presented on stage for several years now. The black puppet that started this whole affair personifies “a Martinican sorcerer” and is supposed to be a caricature of the artist, the latter says.
This show was selected by the Conseil des arts de Montréal to be presented in the Montreal region in 2023. The artist had concluded contracts with the cities of Pointe-Claire and Beaconsfield.
However, a citizen of Pointe-Claire complained before her presentation and asked that the show be canceled: the affair was then publicized.
On February 24, 2023, two activist organizations, the West Island Black Community Association and the Red Coalition, organized a press conference during which they blamed the City of Pointe-Claire for having allowed the presentation of the show and request the cancellation of the latter, it is indicated in the legal proceedings which were to be filed at the Montreal courthouse on Wednesday.
During this press conference, Alain Babineau made “aggressive, vindictive, emotional, virulent, vexatious and defamatory remarks” against Franck Sylvestre, associating him in particular with a “ racist doll » and to black people who support the ideas of white supremacists and claiming that he participated in the practice of blackfaceit is indicated, supporting audio recordings.
The same day, Mr. Babineau allegedly published four tweets on his the tear of systemic discrimination.” He would add sarcastically that he is “a good black person”, thus implying that he is in the service of white people, we can also read in the procedure.
Then, the City of Beaconsfield canceled the presentation of the show, as did the Montreal Youth Literature Festival, says Mr. Sylvestre.
The latter accuses Mr. Babineau of having made defamatory remarks with the intention of harming him and having his show canceled. However, he has not seen it, he maintains, and does not even know what the puppet represents. Despite this, he associates it with blackfacehe laments.
“He unreasonably associated the plaintiff and his puppet with racism, the subjugation of black people to white people and even white supremacism as well as the dehumanization of black people, thereby attacking the plaintiff’s reputation and seeking to expose to hatred and contempt from the public in general and members of the black community in particular. »
Last September, Mr. Babineau was ordered to publish a press release of retraction and to cease any comments damaging to Mr. Sylvestre. He refused, it is stated.
Mr. Sylvestre is seeking $26,000 in damages since his personal and professional life has been “seriously affected”. In particular, he requests an award of punitive damages for what he calls a “bad faith smear campaign” led by Mr. Babineau “for strictly ideological reasons.”
“Through this appeal, I lay my burden at the feet of justice,” said Mr. Sylvestre in a press release, adding that he hopes that his fundamental rights will be respected and that he will be able to return to work with serenity and “intellectual freedom protected.” He is supported in this lawsuit by the organization Droits collectives Québec and the Association des Québécois united contre le racialisme.
Me Guillaume Rousseau, who represents Mr. Sylvestre, indicates that in light of the evidence he has and the case law, it is clear “that there has been an unjustified attack on the right to protect one’s reputation and freedom of expression” of his client.
Contacted by The duty On Wednesday, Mr. Babineau said he did not want to comment immediately on the lawsuit. However, he indicated that his response to last September’s formal notice “still stands”. In it, he indicated that he refused to issue a statement of retraction and that, if legal proceedings were brought against him, they would be contested.