The Commission des droits de la personne et des droits de la jeunesse announces that it must close some of the files being processed because of a refocusing that it believes is necessary in its handling of complaints related to discrimination .
The Commission explains that its decision was made after the Supreme Court of Canada ruled last October that comments made by comedian Mike Ward about Jérémy Gabriel during a show a few years ago did not meet not to the criterion of discrimination invoked. The judgment held that discrimination within the meaning of the Charter of Rights and Freedoms could not be invoked to obtain redress in a defamation case.
In a press release published on Tuesday, the Commission des droits de la personne et des droits de la jeunesse (CDPDJ), which had upheld the complaint by Jérémy Gabriel and his mother against the Quebec comedian, explains that the principles established by the highest court in Ward reframes its jurisdiction in cases where the alleged discrimination is based exclusively on sections 4 and 10 of the Charter of Human Rights and Freedoms.
The CDPDJ adds that the application of this revised legal framework has repercussions on files that were being processed or awaiting processing, as well as on those that may henceforth be processed by the Commission. From now on, to be the subject of a complaint to the Commission, comments targeting a ground of discrimination must also lead to discriminatory treatment in the exercise of one of the rights set out in other articles of the Charter.
The Commission ensures that comments targeting grounds of discrimination, such as disability in the case of Jérémy Gabriel, remain in its eyes unacceptable in an inclusive and open society.
The CDPDJ does not specify the number of files in progress or awaiting processing that will be closed, nevertheless ensuring that it communicates with the people whose files are concerned.
The President of the Commission, Philippe-André Tessier, points out that since its creation, it has adjusted its approach according to the evolution of the legal frameworks, and that the recent decision of the Supreme Court is part of this evolving context.
After suffering a setback in the Supreme Court, Jérémy Gabriel and his mother both filed separate lawsuits against Mike Ward, representing a total amount of $372,600. Mike Ward’s attorney, Julius Grey, called the lawsuits an abuse of process.