The way we express ourselves, both in language and in means of communication, has drastically evolved in the last decade.
The way of expressing oneself, both in language and in means of communication, has drastically evolved in the last decade. It is no longer necessary to have direct contact to communicate, and nothing is easier than hiding behind a "text" to insult someone.
A psychotherapist who had become friends with a mother and her daughter, Miss X, sees this relationship abruptly end when Miss X, suspecting the psychotherapist of vandalizing her car, sends her a virulent text: "You fucking big Algerian bitch, you're not finished [...] and even my father won't help you to bring your lesbian here."
The psychotherapist, hurt by the insults about her ethnic origins, her nationality, and even her sexual orientation, appeals to the Tribunal des droits de la personne*. She alleges that, according to the Charter of Human Rights, Miss X made discriminatory remarks against her.
Miss X argues that the words "Algerian" and "lesbian" are not insults but rather a reality, and that the insults are limited to "big bitch," which is not discriminatory under the Charter. On the contrary, the Tribunal notes that if a person aims to insult another person and uses distinctions based on nationality, sexual orientation, or disability, it amounts to discriminatory insults. Anger never excuses discriminatory remarks.
Even if Miss X claims the absence of intention to discriminate, the Tribunal rejects this defense and condemns her to pay $4500 in moral damages and $1500 in punitive damages.
The way of expressing oneself and acting must be "politically correct" to the fingertips, especially when communicating by text.
*TDPQ 500-53-000465-177
