October 18, 2016

Judge dismisses Cleveland Indians name ban case: Here’s why it’s too early to celebrate

Andrew LawtonRebel Commentator
 

Liberty lovers were given cause to celebrate this week when a Toronto judge dismissed a complaint by aboriginal activist Douglas Cardinal to block broadcast of the Cleveland Indians' name and logo by Rogers.

The ruling--handed down just three hours before first pitch at the Indians-Blue Jays game--is the most desirable outcome, but the case isn't over just yet.

In addition to Cardinal's request for an emergency injunction, which triggered Monday's hearing, the activist also filed a complaint with the Ontario Human Rights Commission.

This could mean trouble.

Unlike courts, which generally adhere to the rule of law and judicial precedent, human rights commissions and tribunals are unconcerned with constitutional freedoms like those of association and expression.

The debate was never about whether the Cleveland Indians team bears an offensive name or mascot, but whether such a thing is against the law. It isn't--except for possibly in the make-it-up-as-you-go human rights codes.

Even though Cardinal's complaint in court was dismissed, his human rights complaint could still proceed--and likely will, if past cases are any indication.

We've seen human rights tribunals rule against freedom and with the offended class on a number of occasions--including recently when comedian Guy Earle was fined for hurting the feelings of lesbian hecklers.

Though this week's ruling is a good one, it's far too early for a victory lap.

Comments
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commented 2016-10-19 20:34:54 -0400
NP, Yvette. I know from your other posts that you’re a sharp cookie.
commented 2016-10-19 12:02:36 -0400
The team should release a statement that the figurehead is actually a transgender aboriginal… ah… er… ah… native person. Umm. First Nation Person and to say anything against him/her/it/zee/hee is sexist.

That should keep the HRC running after their own tails until their collective brains (oxymoron?) blow up.
commented 2016-10-19 11:54:21 -0400
Sorry Al…..reread your post & missed one determining line “And we have the nerve to call the Muslims barbaric for beheadings. Oh, the humanity!” which indeed sums it all up.
commented 2016-10-19 10:12:00 -0400
Your first thought was the correct one, Yvette. I thought the sarcasm would be obvious. Lighten up.
commented 2016-10-19 09:47:31 -0400
Damn. I celebrated too early and the popinjays won. No sweep in Toronto.

But the Indians will take the series tonight in Toronto.

GO INDIANS GO! WAHOO!!!
commented 2016-10-19 02:23:55 -0400
Good to see what my tax dollar is paying for.
commented 2016-10-19 01:56:52 -0400
Al Peterson…..are you for real, I thought you were only being sarcastic. Get a life why don’t you.
How many versions of the word “white” referring to people (with paler skin) have you heard? None, that’s what, but how many versions of the word to describe “not as white” referring to people (with darker skin) have you heard? The list is endless & I’m sick & tired of it…..first nation….native…..indian…..aboriginal…..indigenous(many cannot even pronounce this word & get it all mixed up). Most of those were all ok for decades until political correctness appeared & now everybody is bowing & cowering so as not to offend anyone. Meanwhile people are being beheaded, murdered, raped, etc, etc & this is what occupies us. BTW, what word will finally be acceptable & I suppose you will be calling me a racist for referring to “white” & “not as white” & if you are, just stop it already cause I’m sick & tired of that too.
commented 2016-10-19 00:44:04 -0400
OK. This is a good start. The residents of a certain
Saskatchewan town need to be hauled before the HRC for their insensitivity, nay aggression towards the aboriginal/native population of this country. I am referring of course to Indian Head, Saskatchewan.

Many’s the time while driving down the Trans Canada Highway I have been repulsed at the barbarity of the name. It is obviously a celebration of not just the subjugation of the natives but, indeed, the very murder of them. And we have the nerve to call the Muslims barbaric for beheadings. Oh, the humanity!

It is time for these residents to answer for this. No, in fact it time for all Saskatchewan residents to answer to the HRC for this outrage. Why doesn’t The Rebel get a petition together to demand this? They petition for their own pet projects all the time. Time to step up and vilify and fine and even jail everyone in Saskatchewan.
commented 2016-10-18 23:13:54 -0400
That new cover girl model guy or whatever offends me as he demeans what a man is. Will my complaint have a hope in hell?
commented 2016-10-18 23:12:33 -0400
So glad i am not some SJW halfwit who has nothing better to do than be offended and demand the whole world kiss my ass.
commented 2016-10-18 23:01:28 -0400
Bill-“elimination of section 13.” And we can all thank the courageous Mark Steyn for that.
commented 2016-10-18 22:57:16 -0400
Perhaps the HRC can change the name of the state of Indiana while they’re at it. By the way, great win tonight. Go Jays!
commented 2016-10-18 22:54:48 -0400
Bob Egli commented – “These Canadian Human Rights Commissions are an embarrassment and have to be eliminated.”

Well good news and bad news there Bob – the good news is the Fed HRC has been largely neutered by the elimination of section 13 of the CHRA – you no longer have to worry about your speech being deemed a hate crime by serial complainers.

The bad news is that other than the federal kangaroo show, Canada has 10 more of these abominable quasi-judicial star chambers ( where due process and your charter legal rights are suspended) – the saving grace there is the provincial HRCs do not enforce criminal code penalties and are only provincial statute administrators – mind you the statutes are so oblique in definitions and jurisdiction that these SJW make work projects have become a dumping ground for every conman, perennially aggrieved slacker and freeloader to go for a payout when the labor code tribunals or claims courts or civil courts dismiss their petty snit.
commented 2016-10-18 22:20:46 -0400
To me it is guys and gals like Mr Cardinal et al that are racist. Why? For bringing it up in the first place. For branding a team’s name offensive and racist. They make the racial, racist linkage – not the average sports fan.

Millions of sports fans, including First Nations wouldn’t give a rebel’s yell about a team’s name or a team’s mascot. Why, because the racist link is not part of a sports fan’s lexicon or mindset. We just don’t think that way. Racists do though.
commented 2016-10-18 21:13:02 -0400
These Canadian Human Rights Commissions are an embarrassment and have to be eliminated. They remind me of other Gov’t organizations that have meetings among themselves to think of ideas of how to get more work so they may keep their jobs. They are useless much like the CRTC never monitoring the CBC and CTV as they lie and censor Canadians. They should do their jobs.
commented 2016-10-18 20:52:27 -0400
An American ball club is outside their jurisdiction – if they pull some commie stunt and force this on the Jays and Rogers, the Jays will pay the price the way the NFL is paying for Colin P’s unAmerican actions.

BTW = What the hell is some aboriginal doing expropriating an anglo name like Doug? That’s a blatant case of cultural appropriation right there. If he claims this is his Christian baptized name then he isn’t aboriginal and has no claim in damages ;-)
commented 2016-10-18 20:45:37 -0400
Potvin , good points and i already had a go around with the sports talk show here in Vancouver, they totally support the ban on native names , i called them a bunch of tyrants and told them to stay the hell out of politics and stick to doing sports talk show , i received no answer but i did e mail them today and asked if they were crying for their mommies and sucking there thumbs , it made me feel like we won at least for a little while against the PC tyrants .
commented 2016-10-18 20:30:47 -0400
Why do they make us fight for this? What are they distracting us from.
commented 2016-10-18 19:59:24 -0400
Dear Renu Mandhane, B.A., J.D., LL.M
Chief Commissioner
Ontario Human Rights Commission:

You’re a fucking embarrassment Renu – rot in hell!!!
commented 2016-10-18 19:42:51 -0400
GO INDIANS! WAHOO!
commented 2016-10-18 19:31:31 -0400
I don’t actually follow baseball too closely, but I believe the head offices for Major League Baseball are located in the United States? If either the Canadian Courts (at any level) or the Ontario HRC rule those “offensive” team names and logos are illegal, and not allowed to be displayed in Toronto, couldn’t the Major league Baseball commissioner declare those Toronto home games forfeited, and award the win to the Indians or the Braves, or whatever team has the so-called “offensive” name? If I was in charge of Major league baseball, I sure as hell would let those politically correct snow flakes determine the team names. Toronto wants Major League baseball a hell of a lot more than the Major League needs Toronto. Besides, I’m metis and I don’t need no damn SJW telling me when I should or shouldn’t be offended.
commented 2016-10-18 18:18:32 -0400
Rogers has the series listed as Jays – Indians.