Comedian’s Freedom of Expression Minimally Impaired

Ismail v. British Columbia (Human Rights Tribunal)  (2013), CHRR Doc. 13-3072, 2013 BCSC 1079

APPEALS AND JUDICIAL REVIEW — ADMINISTRATIVE TRIBUNALS — PUBLIC SERVICES AND FACILITIES — EMPLOYMENT — FREEDOM OF EXPRESSION — SEXUAL ORIENTATION — SEX DISCRIMINATION — CONSTITUTIONAL LAW — INTERPRETATION OF STATUTES — JURISDICTION — DAMAGES / Judicial review of (sub nom. Pardy v. Earle) (No. 1) CHRR Doc. 08-382, 2008 BCHRT 241; (No. 2) CHRR Doc. 10-0551, 2010 BCHRT 78; (No. 3) CHRR Doc. 10-0966, 2010 BCHRT 128 and (No. 4) 72 C.H.R.R. D/87, 2011 BCHRT 101, which found discrimination in public services on the basis of sex and sexual orientation. The Court found that s. 8 of the Human Rights Code is constitutional and that the Tribunal was correct in holding that the derogatory comments and conduct Guy Earle made during an “open mic” comedy show constituted discrimination. The Tribunal was also correct in finding that the discrimination was regarding a service customarily available to the public and that Mr. Earle was an employee of the petitioner. The Court upheld the damage award. Dismissed: June 19, 2013.

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