Judge throws out class action against Christian group brought by LGBT activists

Revelers celebrate during the 'WorldPride'' gay pride parade in Toronto, June 29, 2014.Reuters

A judge in Canada has thrown out a $100 million-plus class-action defamation lawsuit brought by homosexual activists against a Christian group.

The plaintiffs claimed that people taking part in Toronto Pride last year were defamed when the Christian group, led by Bill Whatcott, dressed up as green 'gay zombies' and handed out 'information leaflets' designed to look like packets of condoms.  

In his judgment, Justice Paul Perell dismissed the case on a technicality, ruling that plaintiffs Christopher Hudspeth and George Smithermen could not claim defamation of an entire group, such as those taking part in the Pride Parade or the 'LGTBTQ2SI' community. 

He writes, 'The civil law, generally speaking, is concerned with the civil rights of individuals. The doctrinal problem is there is no common law cause of action by a community for defamation, intentional infliction of mental distress, and civil conspiracy to injure.'

He does say however that the information packets were 'hate speech' and therefore not covered by a defence of 'legitimate exercise of freedom of expression'. 

And he says the gay activists can continue the action if they can produce individuals claiming to be defamed, injured, or inflicted by mental distress by the information packets. He gave them 30 days to find any such individuals.

LifeSite News also reports that Perell ordered Whatcott to deliver the names some of those who helped hand out the packets and the financial backers who helped pay for the exercise. This was because knowing their identities was necessary to the legal action being continued.

Whatcott says on his own website that he would rather go to jail than hand over the names of his friends and supporters.

He says: 'There could be serious repercussions for me, including prolonged jail time if I don't comply with the order to disclose the names of my supporters. Generally, Christians should comply with secular courts, but not when complying harms the innocent or when the order is unjust in the eyes of God.

'I don't actually want to be put in jail indefinitely for contempt, or have to spend the rest of my life making it as difficult as possible to prevent these hate-filled homosexuals from taking my property or somehow getting access to who my friends and supporters are and then going after their homes and life savings.'