Rainbow Alliance Dryden et al.
v. Webster, Crichton et al. v. Webster
Intervening to support 2SLGBTQI people and drag performers fight baseless accusations of child abuse.
Note: This page contains mentions of child sexual abuse.
Jump to: Introduction | Background | Our Legal Arguments | Case Outcome | Documents
Introduction: The context of baseless accusations of child abuse against 2SLGBTQI people
The homophobic and transphobic equation of 2SLGBTQI people and allies with child abusers and pedophiles has been used to stoke fear and hatred against our communities for decades. In recent years, hateful groups have increasingly targeted family-friendly drag performances with the baseless accusation that drag performances constitute grooming children for sexual abuse. The correct use of the word “grooming” refers to practices by which sexual abusers gain access to victims, usually children and youth, and coerce and manipulate them to facilitate sexual abuse. That means that when hateful groups call drag performers and other 2SLGBTQI people “groomers,” they are accusing them of child sexual abuse. As a result, the word “groomer,” when used against 2SLGBTQI people, has come to function as a slur – a hateful word meant to attack the humanity of the person and group it targets.
Egale has tracked thousands of incidents of hate against 2SLGBTQI people in Canada. Most of these took place online and many involved accusations of grooming. US data by the Human Rights Campaign and the Center for Countering Digital Hate shows that in 2023, online accusations of child grooming against 2SLGBTQI people skyrocketed after prominent US politicians used this malicious and dangerous narrative to support anti-trans legislation.
Quick Facts
Case Status: Decision released
Case Name: Rainbow Alliance Dryden et al. v. Webster, Crichton et al. v. Webster
Court: Ontario Superior Court of Justice
Egale’s Role: Intervener
Representation: Daniel Girlando, Natalie D. Kolos, and Lauren L. Malatesta of Borden Ladner Gervais LLP
Case Background
This decision results from two cases that were heard together.
In Rainbow Alliance Dryden et al. v. Webster, Brian Webster made posts on a Facebook page that referred to a drag performer and a local 2SLGBTQI community organization, Rainbow Alliance Dryden (RAD), as “groomers”. In Crichton et al v. Webster, Mr. Webster made similar posts about two drag performers and a planned drag storytime event. The posts included screenshots of news articles that included the performers’ names and faces. Horrifying comments were left under the post, including violent threats against the drag performers.
In response, the performers and RAD sued Webster for defamation.
Webster initially applied to the court in the Rainbow Alliance Dryden et al. v. Webster case to have the defamation suit against him dismissed before it reached the trial stage based on anti-SLAPP legislation. Anti-SLAPP (SLAPP stands for “strategic litigation against public participation”) legislation allows courts to dismiss lawsuits that are brought to silence or intimidate against valid speech, such as expressing opinions or addressing something that is in the public interest. The court declined to dismiss the lawsuit because, as Egale explained in our intervention, baselessly accusing drag performers of child abuse is not a matter of opinion nor one of public interest. Specifically, the court found that the term “groomer” is a slur that is used to “allege that drag performers sexualize children and aim to recruit them into the 2SLGBTQI community.” The court ruled that “perpetuating such stereotypes and myths about members of the 2SLGBTQI community is not public interest speech.” The plaintiffs in both Rainbow Alliance Dryden et al. v. Webster and Crichton et al v. Webster then sought summary judgment—which means that a full trial isn’t necessary because the court is able to make a legal decision on the basis of established facts—and the cases were heard together.
Our Legal Arguments and What We’re Fighting For
Egale intervened to provide the court with the necessary context to understand the impact of accusations of child grooming and sexual abuse against 2SLGBTQI people, specifically in the context of the marginalization of 2SLGBTQI people in Canada. Our arguments helped support the court’s decisions to deny the anti-SLAPP motion, deem Webster’s posts as hate speech, and award $380,000 in damages to the plaintiffs.
Our intervention outlined previous court decisions, including the Supreme Court of Canada’s (SCC) decision in Saskatchewan (Human Rights Commission) v. Whatcott (2013), that establish that the equation of 2SLGBTQI people with child abusers exposes 2SLGBTQI people to hatred. We also noted the SCC’s recent recognition in Hansman v. Neufeld (2023) that trans and gender nonconforming people are among the “most marginalized in our society.” Egale acted as an intervenor in both those cases. As further background, Egale’s intervention notes that drag is an important part of 2SLGBTQI identity and culture.
We argued that calling a specific group of 2SLGBTQI people “groomers” is not an opinion, but a (false) claim of fact, because it is an accusation of criminal conduct that can easily be disproven. Moreover, the historical context of the homophobic and transphobic accusation of child abuse and the complete lack of a factual basis for the claim that drag performances are related to child abuse are evidence that this claim was made with a reckless disregard for the truth, which counts as malice.
Case Outcome
Ontario’s Superior Court of Justice has granted a decision in favour of the plaintiffs, Rainbow Alliance Dryden and the drag performers. The court found that:
- Webster’s posts accusing the drag performers of “grooming” were defamatory, and that they were hate speech.
- That Webster acted as a “common bully” and that the posts “fostered disinformation and hate.”
- “Aggravated damages are warranted to denounce Mr. Webster’s conduct.” Webster has been ordered to pay $380,000 in damages.
Supporting Documents
Legal Documents
News Releases
Related Resources
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