After years of experiencing hate for expressing themselves through the art of drag, the Okanaganβs βstorytime Queenβ has seen a glimmer of hope coming from the Superior Courts of Ontario.
On Dec. 14, Justice Tracey Nieckarz made a decision to move forward with the defamation suit of where a man was accused of calling an Ontario-based drag performer a βgroomer.β
In the decision, Nieckarz dismissed the defendantβs claims that he was exercising freedom of expression and ruled that the term βgroomerβ is an anti-2SLGBTQIA+ slur.
ΑπΑ§ΙρΙηβs Tyson Cook, a 2SLGBTQIA+ advocate who is also known as drag performer Freida Whales, said he was happy to hear that the slur does not fall under Canadaβs protected speech laws.
Cook explained he has been called several anti-2SLGBTQIA+ slurs, including the term βgroomer,β in relation to his work at drag story times, which he explained are fun and age-appropriate events to promote a love of reading in a safe, inclusive and welcoming space for all people.
βAs the story time queen of the Okanagan, Iβve definitely had some slurs and lies spouted about me. These are not only hurtful and derogatory but they are also outright lies,β Cook said.
While dressed up in exaggerated, colourful clothing and makeup as their drag persona Whales, Cook regularly performs in both bars with adult-centered content and libraries full of families.
Over the past few years, Cook and many other drag performers, have unduly become the target of derogatory comments and slurs both online and from protests held outside of venues where drag events are taking place.
READ MORE: Protesters clash with attendee at ΑπΑ§ΙρΙη drag show; police investigating
READ MORE: Drag queen speaks out after online petition condemns ΑπΑ§ΙρΙη Drag Story Time for families
In the Ontario case, the defendant, Brian Webster, is facing a lawsuit for defamation after allegedly calling an Ontario-based drag performer named Caitlin Hartlen a βgroomerβ in a Facebook post.
Webster applied to have the lawsuit dismissed, alleging that the suit violates his rights to βstrategic litigation against public participationβ (SLAPP).
In Canada, the purpose of anti-SLAPP legislation is to encourage people to freely express themselves on matters of public interest.
However, on Dec. 14, Nieckarz ruled that while freedom of expression is a fundamental right and value it is βnot a βcarte blancheβ to defame.β
READ MORE: Anti-SOGI protests sharing misinformation, inciting hate: B.C. educators
Nieckarz said having freedom of expression does not mean that a person has a licence to ruin reputations or make unjustified assaults on a personβs character.
She said that βthere appears to be no factual basis for the allegation that Hartlen and the other performers are βgroomersβ.β
Nieckarz said the term reinforces stigma and misinformation, is not a βfair commentβ and is not related to a matter of public interest, and therefore, is not protected under anti-SLAPP legislation.
The defamation lawsuit will proceed in the Ontario Superior Courts over the coming months.
In light of the Ontario decision, Cook is looking forward to continuing to spread a love of reading throughout the Okanagan as ,
He said that he is hopeful and excited to see how the courtβs decision will impact the hateful comments that he and other performers receive in the future.
