The Human Rights Tribunal condemns Johanne Gaudreault to pay $ 7,500 for discriminatory remarks made about Saida Mirouh, a Quebecer from Algeria.
The facts date back to July 13, 2018. Ms. Saida Mirouh went to the Caisse Desjardins du Vieux-Moulin with her husband and two daughters, then aged 15 and 10, to open an account.
Ms. Mirouh is of Algerian origin and of Muslim faith. She wears the hijab: “it represents my faith”, she says, it is “very important to me”, “I am happy with that”, indicates the Human Rights Tribunal in its judgment.
Johanne Gaudreault arrives by car and parks near the vehicle occupied by Ms. Mirouh. Ms. Gaudreault said to him: “It’s hot! While making a gesture of the hand, at the level of his chin. Ms. Mirouh perceives these words and this gesture as a reference to her veil, while Ms. Gaudreault testifies to having simply whispered these words in an innocuous way.
Inside the establishment, Ms. Mirouh calls out to Ms. Gaudreault and questions her about her comments. Later, when leaving the Caisse Desjardins, Ms. Gaudreault turns around and says to Ms. Mirouh: “Go back to your country! “According to the testimony of Ms. Mirouh and her two daughters, Ms. Gaudreault also said:” In any case, you have nothing to do here. “
During her testimony, “Ms. Gaudreault insisted on the behavior of Ms. Mirouh who followed her in the queue, would have tapped her on the shoulder and then addressed her in an aggressive and arrogant tone”, according to the tribunal.
Ms. Gaudreault said she felt uncomfortable being attacked like this in front of the people who lined up and the Caisse employees. Ms. Mirouh’s attitude angered her, reports the Human Rights Tribunal.
“Being overcome by anger cannot justify a person’s discriminatory behavior,” said the Human Rights Tribunal
“Ms. Gaudreault discriminated against Ms. Mirouh’s right to the protection of her dignity, in contravention of Articles 10 and 4 of the Charter. Ms. Mirouh is entitled to reparation measures ”, concludes the Tribunal.
He condemns Ms. Gaudreault to pay Ms. Mirouh “the sum of $ 5,500 as damages for moral prejudice, with interest at the legal rate, increased by the additional compensation referred to in article 1619 of the Civil Code of Quebec. “
He also condemns her to pay Ms. Mirouh the “sum of $ 2,000 as punitive damages, with interest at the legal rate and the additional indemnity provided for in article 1619 of the Civil Code of Quebec. “