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The Human Rights Tribunal of Ontario says it will hear a complaint by prominent indigenous architect Douglas Cardinal against Rogers Communications for publicizing the Cleveland Indians baseball team and its controversial mascot, Chief Wahoo.
But in its decision, released last week, the tribunal said it would consider deferring any hearing while it waits to see what will happen with a similar complaint Cardinal lodged at the federal level with the Canadian Human Rights Commission.
Cardinal lodged the complaints last fall when Cleveland and the Rogers-owned Toronto Blue Jays squared off in the American League Championship Series. Cardinal, an Anishinaabe elder who was once a student in Canada’s residential school system, argued he “cannot experience games between Cleveland and the Blue Jays without experiencing an affront to his dignity.” As such, he was denied a service and Rogers “discriminated against him because of ancestry, colour, and ethnic origin contrary to the Human Rights Code.”
Cardinal tried and failed last fall to get a court injunction to prevent Rogers from using the Indians name or logo in its broadcast of the ALCS series, which Cleveland went on to win before losing to the Chicago Cubs in the World Series.
Renowned architect Douglas Cardinal has lodged complaints with the Human Rights Tribunal of Ontario and the Canadian Human Rights Commission that Rogers Communications violated his human rights by broadcasting the Cleveland Indians name and logo.
In its response to the tribunal, Rogers argued that the HRTO had no jurisdiction to hear the case and that Cardinal’s complaint should be heard by the federal bodies that oversee broadcasting and trademark issues. The complaint, Rogers argued, was “an abuse of process.”
But HRTO adjudicator Jo-Anne Pickel ruled the case could go forward, even if, as Rogers argued, the Ontario case would duplicate an argument being heard federally by the Canadian Human Right Commission.
“While I agree with counsel for Rogers that, in general, an applicant should only get ‘one bite at the cherry,’ in this case, part of the cherry falls under provincial jurisdiction and part of it falls under federal jurisdiction,” Pickel wrote.
She ruled that “a full evidentiary record” is necessary to determine if the tribunal has jurisdiction over Major League Baseball and the Cleveland team and whether a baseball game at Rogers Centre can be considered “a service” that Cardinal was denied because of his objection to the team name and logo.
The Cleveland major league squad has been known as the “Indians” since 1914. The name and the team’s grinning, red-skinned mascot, Chief Wahoo, have been the subject of protests on the opening day of the baseball season since 1973. In recent years, the team has used an alternate cap with a simple red “C” although the team wore the Chief Wahoo logo throughout the playoff series with Toronto.
bcrawford@postmedia.com
Twitter.com/getBAC
查看原文...
But in its decision, released last week, the tribunal said it would consider deferring any hearing while it waits to see what will happen with a similar complaint Cardinal lodged at the federal level with the Canadian Human Rights Commission.
Cardinal lodged the complaints last fall when Cleveland and the Rogers-owned Toronto Blue Jays squared off in the American League Championship Series. Cardinal, an Anishinaabe elder who was once a student in Canada’s residential school system, argued he “cannot experience games between Cleveland and the Blue Jays without experiencing an affront to his dignity.” As such, he was denied a service and Rogers “discriminated against him because of ancestry, colour, and ethnic origin contrary to the Human Rights Code.”
Cardinal tried and failed last fall to get a court injunction to prevent Rogers from using the Indians name or logo in its broadcast of the ALCS series, which Cleveland went on to win before losing to the Chicago Cubs in the World Series.
Renowned architect Douglas Cardinal has lodged complaints with the Human Rights Tribunal of Ontario and the Canadian Human Rights Commission that Rogers Communications violated his human rights by broadcasting the Cleveland Indians name and logo.
In its response to the tribunal, Rogers argued that the HRTO had no jurisdiction to hear the case and that Cardinal’s complaint should be heard by the federal bodies that oversee broadcasting and trademark issues. The complaint, Rogers argued, was “an abuse of process.”
But HRTO adjudicator Jo-Anne Pickel ruled the case could go forward, even if, as Rogers argued, the Ontario case would duplicate an argument being heard federally by the Canadian Human Right Commission.
“While I agree with counsel for Rogers that, in general, an applicant should only get ‘one bite at the cherry,’ in this case, part of the cherry falls under provincial jurisdiction and part of it falls under federal jurisdiction,” Pickel wrote.
She ruled that “a full evidentiary record” is necessary to determine if the tribunal has jurisdiction over Major League Baseball and the Cleveland team and whether a baseball game at Rogers Centre can be considered “a service” that Cardinal was denied because of his objection to the team name and logo.
The Cleveland major league squad has been known as the “Indians” since 1914. The name and the team’s grinning, red-skinned mascot, Chief Wahoo, have been the subject of protests on the opening day of the baseball season since 1973. In recent years, the team has used an alternate cap with a simple red “C” although the team wore the Chief Wahoo logo throughout the playoff series with Toronto.
bcrawford@postmedia.com
Twitter.com/getBAC
查看原文...
