17355: (Arthur) Haiti wants to file $2.5-million lawsuit against Quebec lawyer over com (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: Tttnhm@aol.com

Haiti wants to file $2.5-million lawsuit against Quebec lawyer over comments

ROSS MAROWITS
Canadian Press


Tuesday, November 18, 2003

MONTREAL (CP) - The Haitian government is seeking permission to launch a
$2.5-million lawsuit against a Quebec lawyer who said prostitution is part of the
island country's culture.

Yves Andre Le Boutillier ignited controversy last week when he made the
comments that members of the province's black community have interpreted as racist.
The Quebec City lawyer, who's defending a Haitian client charged in a teen
prostitution ring, said prostitution is a norm in the Caribbean country's
culture just as smoking marijuana is in Jamaica.

"He's black, he's Haitian," Le Boutillier said outside court in Quebec City.
"It's part of their culture, like it's part of Jamaican culture to smoke
cannabis. Prostitution in that environment is normal."

The Haitian government was so appalled that its consulate in Montreal filed
papers in court on Tuesday seeking permission to launch a class-action lawsuit
on behalf of the more than 100,000 Haitians living in Canada, most of whom
live in Quebec. Organizers want $25 in compensation for each person.

"It's not the first time that comments like these were made and I think that
this time we have to take a meaningful stand," said Gerard Pierre, a lawyer
representing the consulate.

A judge will decide on Jan. 30 whether the lawsuit will go ahead.

Le Boutillier apologized in a statement issued late Tuesday afternoon.

"I reiterate, as I did on Friday, that my comments were unfortunate and that
I am very aware they may have hurt the ethnic communities named," Le
Boutillier said.

He went on to say that his many personal and professional links to Haitian
and other ethnic groups allow him to "understand the problems they face in
Quebec and elsewhere."

"If my words have upset or offended many of you, I apologize."

Late last week, Le Boutillier said the media had misinterpreted his comments.

"What I said is that in Haiti there is a lot of prostitution," he said at the
time.

The Quebec Bar Association has launched an investigation into the comments.

Pierre said he would like the bar association to be severe with Le
Boutillier.

"Being a lawyer, I would expect that the bar would maybe disbar him for a
month or three to the max because of the comments that were made. We don't feel
that would be sufficient."

He said lawyers are obligated to treat people with respect even though
they're trying to defend their clients.

Meanwhile, a human rights group also said Tuesday it's preparing a civil
rights complaint to the Quebec Human Rights Commission on behalf of Haitians and
Jamaicans.

The Centre for Research-Action on Race Relations is seeking $6,000 in moral
and punitive damages against Le Boutillier for each person who joins the
complaint, started by three people.

The commission has already initiated an investigation to determine if the
comments violated the province's human rights charter.

The complaint will be an important test case about the degree to which
someone can be held liable for making racist statements in a public place, said Fo
Niemi, the centre's executive director.

"The Supreme Court has recognized that one has free speech but one cannot go
out and basically tarnish the reputation of other people," he said in an
interview.

Peter Flegel, executive director of Montreal's Black Youth in Action, said an
undercurrent of racism has surfaced recently in protests against the alleged
teen prostitution ring in Quebec City.

He said at least 10 black students at the University of Laval have been
attacked and called racist names since the case surfaced last year.

"For us, the comments of Le Boutillier only add legitimacy to the racist
beliefs that are circulating in Quebec City and are making things worse for black
youth in the city," Flegel said.

A coalition of 30 groups in Montreal's black community has demanded a public
apology and a government inquiry into perceived prejudice in the judicial and
legal systems.

© Copyright 2003 The Canadian Press