A reasonable person does not continually mock a child – let alone one with a disability – and hang their hat on the “free speech” banner. A human rights case begins.
As we continue to explore the concept of a reasonable person, we turn to the details of the Supreme Court of Canada (SCC) case, Ward v Quebec, outlined in the previous article.
Introducing Jérémy Gabriel
Jérémy Gabriel was born prematurely on December 10, 1996. You can imagine the fears and worries of his parents, Sylvie Gabriel and Steeve Lavoie, when they found out their baby had Treacher Collins syndrome. Jérémy’s head and ears were malformed, and he was completely deaf. He also had an immune deficiency, requiring him to have blood transfusions every three weeks.
Jérémy wasn’t going to die, but his young life would be filled with challenges, including twenty-three operations and numerous hospitalizations. Rising to the challenge, Sylvie ensured her son developed a positive sense of himself, despite how others might view his appearance and disability.
A Deaf Child Learns To Sing ... And Loves It
In 2003, six-year-old Jérémy had a bone-anchored hearing aid implanted in his head. This little box, sitting just above and behind his right ear, took his hearing from zero to 80-90%. Jérémy could now learn to speak. And he discovered that he loved to sing.
Jérémy told his parents that he wanted an international singing career. Of course they could have tried to dissuade him: putting him on a public stage might open him to ridicule, jokes, or pity. But Sylvie didn’t hesitate, instead doing what she could to make it happen.
Two years later, in 2005, eight-year-old Jérémy appeared on a provincial television show, and sang the national anthem at a Montreal Canadiens hockey game. He sang with Céline Dion in her Las Vegas dressing room in March, 2006, and went to Rome two months later to sing for the Pope.
Happy and Well-Adjusted
While Jérémy did not rise to great fame and fortune, he did appear on a few more television shows, and released his own album. In 2007, at only ten years old, his autobiography was published.
Other little opportunities followed: Jérémy participated in a documentary on Treacher Collins syndrome in 2008, performed a few concerts, and took part in a variety of fundraisers. In 2012, he travelled through Canada and the United States as the ambassador patient for the Shriner’s hospitals.
Even though he was not paid for most of his performances, Jérémy was happy. He did make some money from his book, but only enough to pay for singing lessons and some travel expenses. Sylvie and Steeve supported his dream from their own finances, as required, and Jérémy recognized and appreciated their sacrifices.
A Reasonable Person Might Anticipate Bullying
In 2010, at thirteen, Jérémy took a big personal step. Leaving behind the school for hearing-impaired and deaf children he had attended since he was three, Jérémy enrolled in a regular high school, intent on studying theatre. The school made the required adjustments to help him succeed.
Transferring to a new school is difficult for most children, particularly when their peers aren’t moving up with them. You can imagine it is all the more challenging for a child with a visible disability who requires substantial medical absences. While jokes and bullying may not be reasonable behaviour, a reasonable person could guess that some students would jump on the right opportunity.
The ring leader, it turns out, was not a peer, but a popular Quebec francophone comedian.
But Would A Reasonable Person Suspect An Adult?
Mike Ward had begun mocking Jérémy in 2007: Ward was thirty-four; Jérémy was ten. After the release of his autobiography, Ward posted a video of Jérémy to his website.
Putting words to a head shot of Jérémy, and having him talk in the first person, Ward made fun of Jérémy’s inability to close his mouth completely, and insinuated that his mother used his earnings to buy herself a sports car and other luxury items (when, in fact, she was spending money on Jérémy, not making money off of him):
“[122] … [translation] ‘So now I’m takin’ the opportunity, y’know, to put out the goods while I’m still young, y’know, because I mean later, y’know, when I’m 40, I won’t be able to make records any more, y’know. I mean ugly guy who sings, y’know, there’s already Gregory Charles, so he’s got like a monopoly on the market.
And well, y’know, I didn’t want to say that, but it’s because I can’t control what comes out because my mouth doesn’t close all the way, look …
But that’s an operation I would have liked to get, but apparently I’d rather sink all my money in the sports car my mother bought, so now I’m stuck with this little speaker on my head, a mouth that won’t shut and a pretty average book, thank you very much.'” [Emphasis in SCC decision.]
In two other videos, Ward moved Jérémy’s mouth to the lyrics of a “bawdy song,” and joked about his visit with the pope, implying pedophilia. Some viewers passed these videos around on other platforms.
"I Tried To Drown Him"
In 2010, friends of the family saw the jokes on Ward’s website, forwarded the link, and encouraged Jérémy and his parents to do something to protect his career and reputation. Disgusted and hurt that people were laughing at his disability, and disturbed that his mother was made out to be exploiting him for her own benefit, Jérémy hoped it would pass.
But that September, just as 13-year-old Jérémy was starting his first year in his new school, the comedian launched Mike Ward s’eXpose, a live show he had spent the previous year testing in bars. His jokes about Jérémy went like this:
“[123] … [translation] ‘She impresses me, Céline, because she sang for the Pope. The only other Quebec kid to sing for the Pope? Little Jérémy?
You remember little Jérémy, y’know, the kid with the subwoofer on his head?
When little Jérémy came, everyone complained except me, I was the only one who defended him. Y’know when he came, he sang for the Pope, people said, “He’s really bad, he’s off-key, he sings badly”. I defended him, I said, “He’s dying, let him live out his dream, he’s living out a dream. His dream was to sing off-key in front of the Pope”.
Then after he sang for the Canadiens, people complained again, “He sings badly. He’s off-key, he’s no good”. Christ, he’s living out a dream, let him live out his dream.
[He] sang for Céline, again with the “He really sucks, he’s off-key, he sings badly”. Christ, he’s dying, let him live out his dream. I defended him … Except now … five years later … he’s still not dead!
Idiot that I am, I defended him like an idiot, and he doesn’t die.
I saw him with his mother at a Club Piscine [pool]. I tried to drown him … couldn’t do it, couldn’t do it, he’s unkillable.
I went online to see what his illness was. You know what’s wrong with him? He’s ugly!'”
At What Point Would A Reasonable Person - A Child, No Less - Have Had Enough?
In total, the live show included 230 performances, with approximately 135,000 tickets sold over two-and-a-half years. Closing in March, 2013, it had gone on for the entire time Jérémy was at his new school. But the show didn’t really end: In December, 2012, Ward uploaded a recording of it to his website, made it available for download, and produced 7,500 DVDs for sale.
Jérémy lost hope. He didn’t want to go out, stopped singing, lost his self-confidence, and considered suicide. He knew Ward was continuing to mock him in his live shows, and at school, students repeated the jokes they found online, leaving him feeling ridiculed and sad. Jérémy began to wonder “Is his life worth less than someone else’s?”
At first, he only confided in his singing teacher; eventually, he told his parents. Feeling lost, fragile, and isolated, he met with a school psychologist a few times at the urging of his parents and teachers; depressed, he often didn’t go to the appointments. His grades continued to drop, and in 2012, failing to meet the academic requirements, Jérémy had to leave the school.
What Would A Reasonable Parent Feel or Do?
While doing their best to motivate Jérémy, his parents also struggled. They felt powerless as their cheerful son withdrew from the world, speaking very little even when asked a question.
Not knowing how to protect his son, Steeve began to feel more aggressive. As a mother, Sylvie was devastated, saying that Ward “tore down everything I had built” regarding Jérémy’s self-esteem and the belief that his disability need not stop him from going after his dreams.
Reasonable Adults Believed The Jokes
Focused on her son, she wondered how anyone could be that cruel. But Sylvie had also been mocked, and some people at work treated her poorly, believing the jokes Ward told about her living well off Jérémy’s income. They chose to mistake Sylvie’s frequent absences due to Jérémy’s medical issues (including a long period where she couldn’t work at all) as her being rich.
Ward had said that she had a sports car and a cottage: in reality, they lived in a modest house, drove a regular car, and often lived on Steeve’s income alone. Sylvie cried a lot, developed insomnia, and became impatient. She stopped trusting people, and in 2012, was prescribed antidepressants. All the while, Jérémy’s medical issues continued to demand attention.
"I'm On The Wrong Side Of The Line"
It was January 18, 2012, when Jérémy watched Ward being interviewed on a popular television show. The comedian said that it made him laugh when he crossed the line, and compared himself to a cocaine addict, needing to write jokes that went too far. The dissenting opinion in Ward quoted part of the interview:
“[126] … [translation] Interviewer: OK. And in your show, you say he’s ugly.
Mr. Ward: Yes.
Interviewer: Is it his fault if he’s ugly?
Mr. Ward: No.
Interviewer: How is that funny?
Mr. Ward: I don’t know, but it’s … it’s … I don’t know. It’s … But the way my joke is put together, I find it funny. And people laugh and then I judge people for laughing over it, laughing at it …
Interviewer: If you make fun of Jérémy, who won’t you make fun of? …
Interviewer: Because I come back to that, Mike, he’s ill, not his fault. Can you give him a break?
Mr. Ward: But you see, that’s one of the jokes that when I said I have a line, that I’m always on the line, there I’m on the wrong side of the line, but I don’t know, f**k, it’s a problem I have. I … it makes me laugh. …
Interviewer: You took part in a video against bullying where you said how bad bullying is. Listen, what you’re doing with Jérémy, I think it’s a form of bullying to bash him all over the province in front of hundreds, in front of thousands of people. How is it not bullying?
Mr. Ward: I don’t know. I don’t know. It’s a good point. I hear you and, y’know, let’s say, if you were talking, let’s say I’m in my living room, you’re talking to someone and you say that, I’m gonna be like Christ he’s totally right. Y’know, the other guy’s a fucking jackass to talk about a child with a disability that way … [Emphasis in SCC decision.]
Breaking Point Meets Stereotype
Because of this interview, Jérémy and his parents decided to finally file a human rights complaint. Ward heard about the complaint in late-2012 or early-2013, but believed Jérémy and his parents were only after money. He kept the video of his live show on his website, and continued with the show itself until it closed in March, 2013.
