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Kelowna drag star gets approval to push forward with defamation suit
Justice Hardwick found Action4Canada’s statements about Tyson Cook met the public-interest threshold, but said his reputation interest outweighs free-expression concerns.
On Sept. 1, BC Supreme Court Justice Hardwick ruled that Tyson Cook, a drag performer known as Freida Whales, may proceed with his defamation suit against Action4Canada over their public opposition to his story time events.
Action4Canada opposed Cook's drag story time events for children, alleging in a petition and online posts from Jan. 2023 that performers sexualize and exploit children while linking such performances to the Human Rights Code.
Justice Hardwick determined the organization's statements implied specific misconduct or criminal activity against children; Cook likely suffered from embarrassment, anxiety, and fear for personal safety despite minimal evidence of lost performance opportunities.
While the court ruled the statements met the threshold of public interest, Hardwick concluded, "The public interest of protecting the plaintiff's reputation outweighs the public interest in protecting the defendant," allowing the lawsuit to proceed.
Cook filed the suit on Dec. 19, 2024, naming Graeme Flannigan, Tammy Ann Mitchell, Tori Olason, and Person A as co-defendants who allegedly shared Action4Canada's contested statements.