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Canadian judge dismisses $104 million lawsuit against Christians who infiltrated gay pride parade

Toronto Pride Parade in 2011. | Wikimedia Commons/Kitty Rainbow

An Ontario judge has dismissed a $104 million-plus class-action defamation lawsuit brought by homosexual activists against a Christian group who infiltrated the Toronto Pride Parade last year.

In the lawsuit, the homosexual activists argued that the participants of the parade were defamed when the group, led by Christian activist Bill Whatcott, infiltrated the parade dressed as green "gay zombies" as they handed out "information leaflets."

The leaflets, which were made to appear like packets of condoms, contained information about the physical and spiritual dangers of homosexual practices, according to Life Site News.

The case was dismissed on a technicality by Justice Paul Perell, who stated in his ruling in Hudspeth v. Whatcott that the plaintiffs George Smitherman and Christopher Hudspeth could not claim defamation of an entire group, such as the parade participants or "LGTBTQ2SI Community," but only of individuals.

"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," Perell wrote in his ruling.

He stated that the plaintiffs could continue the case if they were able to produce individuals who claimed to be defamed, injured, or inflicted by mental distress due to the information packets. The homosexual activists were given 30 days to find such individuals.

The judge also ruled that the packets distributed by Whatcott were a form of "hate speech," which would mean that his actions at the parade could not be protected as a "legitimate exercise of freedom of expression."

Perell also ordered Whatcott to name the other half a dozen anonymous "zombies" who helped out in distributing the info packets as well as the "unidentified financial backers" who funded the expenses of the group. The judge argued that it is "necessary" to know the identity of the individuals who helped Whatcott if the homosexual activists decide to pursue further legal action.

Whatcott said he would rather go to prison than reveal the names of his friends and supporters to the homosexuality activists. He noted that he could face prolonged jail time if he does not comply with the order.

"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," he said.