A defamation suit by a drag performer and a 2SLGBTQI community organization against a man who allegedly used a slur on his Facebook page to accuse them of predatory behaviour can proceed to trial, an Ontario judge has ruled.
Anti-SLAPP motion dismissed
The defendant, Brian Webster, runs a Facebook page that he claims is a “media/news” outlet. He posted a screenshot of a CBC news article about a family-friendly drag event organized by Rainbow Alliance Dryden (RAD), a Pride organization, and a local drag king. He referred to them as “groomers” and implied that they were sexualizing and recruiting children into the 2SLGBTQI community.
The plaintiffs, RAD and the drag performer, sued Webster for defamation, alleging that his post falsely accused them of child sexual abuse and provoked hostility and violence against a Charter-protected group.
Webster brought a motion to dismiss the lawsuit under Ontario’s anti-SLAPP law, which aims to protect expression on matters of public interest from being silenced by litigation. He argued that his post was a critique of public funding of the CBC, not a personal attack on the plaintiffs.
However, the Ontario Superior Court of Justice rejected his motion, finding that his expression did not relate to a matter of public interest, but rather perpetuated harmful myths and stereotypes about the 2SLGBTQI community.
Court relies on Egale Canada’s intervention
The court relied on the intervention of Egale Canada, a national 2SLGBTQI human rights organization, to affirm that false accusations of pedophilia have been weaponized against the 2SLGBTQI community for decades, and that the law must allow people targeted by these homophobic and transphobic myths to pursue defamation claims.
Egale Canada argued that the term “groomer” is a slur that is used to suggest that drag performers are manipulating children to commit sexual abuse, which is not only false, but also dangerous and damaging to the 2SLGBTQI community.
The court agreed, stating that the term “groomer” is “rhetoric based on hurtful and hateful myths and stereotypes” and that there is no public interest in protecting such expression.
Decision hailed as a victory for 2SLGBTQI rights
The decision, which was issued on December 14, 2023, is hailed as a victory for 2SLGBTQI rights and a significant finding that calling drag performers “groomers” is an accusation of child sexual abuse that can be challenged in court.
The plaintiffs’ lawyer, Douglas Judson, said that the decision signals that people using dangerous anti-LGBTQ slurs can’t hide behind certain free speech protections to shield themselves from legal accountability.
He also said that the decision is important for 2SLGBTQI communities in small towns and rural areas, where they face higher levels of hate, harassment, and violence.
The plaintiffs expressed their gratitude to the court and to Egale Canada for their support, and said that they hope the decision will deter others from spreading misinformation and hatred against the 2SLGBTQI community.
The defamation suit will now proceed to trial, where the plaintiffs will seek damages and an injunction to remove the defamatory post.
