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Kelowna drag queen praises Ontario court ruling over 含羞草研究社榞roomer含羞草研究社 2SLGBTQIA slur

A recent decision states that calling drag performers a 含羞草研究社榞roomer含羞草研究社 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含羞草研究社檚 含羞草研究社榮torytime Queen含羞草研究社 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 含羞草研究社済roomer.含羞草研究社

In the decision, Nieckarz dismissed the defendant含羞草研究社檚 claims that he was exercising freedom of expression and ruled that the term 含羞草研究社済roomer含羞草研究社 is an anti-2SLGBTQIA+ slur.

Kelowna含羞草研究社檚 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含羞草研究社檚 protected speech laws.

Cook explained he has been called several anti-2SLGBTQIA+ slurs, including the term 含羞草研究社済roomer,含羞草研究社 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.

含羞草研究社淎s the story time queen of the Okanagan, I含羞草研究社檝e definitely had some slurs and lies spouted about me. These are not only hurtful and derogatory but they are also outright lies,含羞草研究社 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 含羞草研究社済roomer含羞草研究社 in a Facebook post.

Webster applied to have the lawsuit dismissed, alleging that the suit violates his rights to 含羞草研究社榮trategic litigation against public participation含羞草研究社 (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 含羞草研究社渘ot a 含羞草研究社榗arte blanche含羞草研究社 to defame.含羞草研究社

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含羞草研究社檚 character.

She said that 含羞草研究社渢here appears to be no factual basis for the allegation that Hartlen and the other performers are 含羞草研究社榞roomers含羞草研究社.含羞草研究社

Nieckarz said the term reinforces stigma and misinformation, is not a 含羞草研究社渇air comment含羞草研究社 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含羞草研究社檚 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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