Comedian CAN appeal his fine over sick joke
Canadian comedian Mike Ward has won the right to appeal the court verdict that cost him almost £2,500 for telling a sick joke.
A Quebec judge has allowed the comic to take the next step after hearing how the case, based around him mocking a disabled teenager, had divided the country.
Ward’s lawyers welcomed the decision, saying a further hearing would clarify, and hopefully strengthen, the protection of free speech.
The province’s human rights tribunal previously ruled that Ward violated Jérémy Gabriel’s rights when he insulted him as part of his stand-up set.
Gabriel was born with a skull deformity called Treacher Collins syndrome and 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!".’
Ward’s lawyers have argued that since Gabriel’s singing career is based on his triumph over disability, the subject is in the public arena and so fair game for jokes.
The comedian, who brought the story of his legal battle to the Edinburgh Fringe this summer, has said: ‘I think you should be allowed to shock people. I don't think the social justice warriors should censor everything.’
The comic is appealing the $35,000 he was ordered to pay in damages to Gabriel and another $7,000 to his mother.
Published: 13 Oct 2016