BURSTA defamation suit filed against Action4Canada is allowed to proceed.
Justice Hardwick ruled in BC Supreme Court in Kelowna on Sept. 1 that Tyson Cook, also known as drag star Freida Whales, may continue with his suit claiming defamation by Action4Canada after the organization publicly opposed drag story time.
Cook filed the suit on Dec. 19, 2024, alleging Action4Canada published false statements about Cook. The suit also names Graeme Flannigan, Tammy Ann Mitchell, Tori Olason and Person A as having shared the statements made by the defendant.
Cook performs as a drag star, but also works as a certified educational assistant with elementary school aged children for Central Okanagan Public Schools.
The alleged statements of defamation came after Cook hosted a drag story time for young children as Freida Whales at a public library. Cook claimed that the published statements caused opportunities for drag performances to decrease.
The alleged statements of defamation include a petition started Jan. 20, 2023 and two online posts made Jan. 24 and 25, 2023. The circulating petition also included a form letter that Action4Canada was encouraging its supporters to send to the mayor and city councillors in Kelowna, as well as Cook’s employer, School District 23.
The statements allege that drag performers sexualize and exploit children, and “links the performance in drag and the Human Rights Code to child sexual abuse.”
Hardwick determined that Action4Canada went beyond expression of political, moral or social opinions, and “made statements that imply that a specific person is involved in misconduct or criminal activity involving or as against children.”
It was determined that Action4Canada’s statements “met the necessary threshold of being on a matter of public interest,” but ultimately “the public interest of protecting the plaintiff’s reputation outweighs the public interest in protecting the defendant’s expression.”
Hardwick found some evidence that Cook has lost performance opportunities, although minimal. It was found, however, that the plaintiff was likely to have suffered from embarrassment, anxiety, and fear for personal safety as a result of the statements.
Cook’s claim of filing the defamation suit to stop Action4Canada from publishing statements about him personally and to receive compensation was accepted by Hardwick.
Cook is allowed to proceed to trial.