Major League Baseball is attempting to have an Ontario Human Rights Tribunal decision thrown out, after the tribunal ruled last month that a case surrounding the Cleveland Indians team name and logo can proceed.
The case stems from a claim lodged by activist Douglas Cardinal alleging Cleveland’s team name and mascot are offensive. Cardinal has argued that use of the team name “Indians” and the “Chief Wahoo” logo during games at the Rogers Centre amount to discrimination under the Ontario Human Rights Code.
His complaint seeks to bar the team from being able to use its name or wear the logo at Major League Baseball games played in Toronto.
On May 23, Cardinal won an interim decision by the Ontario Human Rights Tribunal allowing the case to move forward.
But in an application for judicial review before the Ontario Superior Court of Justice, filed June 23 by lawyers for Major League Baseball, the league argues that decision should be set aside based on jurisdictional issues.
It argues the tribunal “erred” in holding the case was within its jurisdiction as a provincial court, since it deals with federally registered trademarks.
“There is a serious issue to be tried regarding whether the (tribunal) has jurisdiction to grant relief effectively prohibiting the use of registered trade-marks,” the application states.
It also argues that “irreparable harm” would be caused to the baseball league if Cardinal’s application is permitted to proceed without the tribunal having jurisdiction over the subject matter.
Cardinal has also made an application to the Canadian Human Rights Commission related to the broadcasting of Cleveland’s team name and logo.
Paul-Erik Veel, a lawyer representing Cardinal, said the league’s application could slow down proceedings at the tribunal.
![Activist Douglas Cardinal alleges Cleveland’s team name and mascot are offensive.](data:image/svg+xml,<svg xmlns="http://www.w3.org/2000/svg" width="1284" height="851"><rect fill-opacity="0"/></svg>)
![The Cleveland Indians Chief Wahoo logo is shown on a uniform sleeve.](data:image/svg+xml,<svg xmlns="http://www.w3.org/2000/svg" width="1284" height="1033"><rect fill-opacity="0"/></svg>)
“This trademark argument just doesn’t hold water,” Veel said. “We think that ultimately the MLB’s argument doesn’t have any merit.”
In a statement, Cardinal said the application makes it “abundantly clear” that the league is attempting to thwart scrutiny of Cleveland’s team name and logo.
“If the league wants my complaint to go away, it simply has to make that discriminatory name and logo go away,” he stated. “Otherwise, I’ll continue to fight.”
Last October, an Ontario Superior Court judge ruled the Cleveland team could use its name and logo hours before a playoff game against the Blue Jays at the Rogers Centre.
In her ruling in May, tribunal adjudicator Jo-Anne Pickel wrote that Cardinal had “a sufficient personal interest to have standing to bring this application.”
“If the applicant was either not indigenous, not a baseball fan, and not otherwise interested in attending games at the Rogers Centre, my finding on the issue of standing would have been different,” Pickel wrote.
