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Kelowna drag queen praises Ontario court ruling over 害羞草研究所榞roomer害羞草研究所 2SLGBTQIA slur

A recent decision states that calling drag performers a 害羞草研究所榞roomer害羞草研究所 is not protected as free speech
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Freida Whales reading at Drag Story Time on Jan. 28, 2023. (Jacqueline Gelineau/Capital News)

After years of experiencing hate for expressing themselves through the art of drag, the Okanagan害羞草研究所檚 害羞草研究所榮torytime Queen害羞草研究所 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 害羞草研究所済roomer.害羞草研究所

In the decision, Nieckarz dismissed the defendant害羞草研究所檚 claims that he was exercising freedom of expression and ruled that the term 害羞草研究所済roomer害羞草研究所 is an anti-2SLGBTQIA+ slur.

Kelowna害羞草研究所檚 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 Canada害羞草研究所檚 protected speech laws.

Cook explained he has been called several anti-2SLGBTQIA+ slurs, including the term 害羞草研究所済roomer,害羞草研究所 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.

害羞草研究所淎s the story time queen of the Okanagan, I害羞草研究所檝e definitely had some slurs and lies spouted about me. These are not only hurtful and derogatory but they are also outright lies,害羞草研究所 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 Kelowna drag show; police investigating

READ MORE: Drag queen speaks out after online petition condemns Kelowna 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 害羞草研究所済roomer害羞草研究所 in a Facebook post.

Webster applied to have the lawsuit dismissed, alleging that the suit violates his rights to 害羞草研究所榮trategic litigation against public participation害羞草研究所 (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 害羞草研究所渘ot a 害羞草研究所榗arte blanche害羞草研究所 to defame.害羞草研究所

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 person害羞草研究所檚 character.

She said that 害羞草研究所渢here appears to be no factual basis for the allegation that Hartlen and the other performers are 害羞草研究所榞roomers害羞草研究所.害羞草研究所

Nieckarz said the term reinforces stigma and misinformation, is not a 害羞草研究所渇air comment害羞草研究所 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 court害羞草研究所檚 decision will impact the hateful comments that he and other performers receive in the future.



Jacqueline Gelineau

About the Author: Jacqueline Gelineau

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