Ward V. Québec: Supreme Court Narrowly Rejects Discriminatory Speech

On October 29, 2021, the Supreme Court of Canada rendered its much awaited decision in Ward v. Québec (Commission des droits de la personne et des droits de la jeunesse), 2021 SCC 43. At issue in the appeal was whether Quebec's Human Rights Tribunal (the Tribunal) erred in holding that the appellant comedian discriminated against the respondent, a child singer in Québec with physical disadvantages, when the appellant mocked the respondent as part of his comedy routine. In a 5-4 decision, the majority of the Supreme Court decided that the elements of discrimination were not satisfied in this case and that the "right to dignity" protected by Québec's Charter of Human Rights and Freedoms  (Québec Charter) has to be aligned with the constitutional protection of freedom of expression.