Law Times

October 24, 2016

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Page 16 OctOber 24, 2016 • Law times INJUNCTION REJECTED Despite the dismissal of an in- junction to stop the Cleveland Indians baseball team from us- ing its name and logo during playoff games at the Rogers Cen- tre, lawyers say the fight is far from over. Canadian indigenous activist Douglas Cardinal has filed hu- man rights complaints with both the Human Rights Tribunal of Ontario and the Canadian Hu- man Rights Tribunal, in addi- tion to his application for an inter- locutory injunction with the On- tario Superior Court of Justice. Cardinal, who is of Blackfoot descent, wants a ban on the use of the team's logo, as well as the word Indian in association with that logo, which the case argues is racist and discriminatory under Ca- nadian law. "What we're saying is when you deliver a service in Ontario, whether it be Rogers through the Rogers Centre or its broadcast, or the Cleveland team by coming and participating in that service, when you're in this province you have to deliver that service without discrimination," says Rebecca Jones, partner at Lenczner Slaght Royce Smith Griffin LLP and counsel for Cardinal. Justice Thomas McEwen has yet to give reasons for his ruling. Another of the lawyers representing Cardinal, Paul-Erik Veel also of Lenczner, says he was disappointed with the decision, but he adds that the rejection of the injunction does not necessarily touch upon whether the name and logo are discriminatory. "The question of whether an injunction is appropriate involves a lot of considerations beyond the merits of the case and one of the things our opponents argued quite strenuously was all of the practi- cal problems that could emerge if an injunction was granted," he says. LSUC TEMPORARILY SUSPENDS LAWYER The Law Society of Upper Canada has temporarily sus- pended the licence of a Toronto lawyer accused of sexual assault. Toronto police arrested Fran- cois Lesieur in late September for allegedly sexually assaulting girls under the age of 18. In sub- missions to a tribunal, law society counsel argued there were rea- sonable grounds to believe there would be a significant risk of harm to members of the public "if an order is not made suspending the Responding Party's license." SEGREGATION OVERUSED: OHRC More than 38 per cent of prison- ers placed in solitary confine- ment in Ontario's prisons in late 2015 had been f lagged for men- tal health problems, according to data released by the Ontario Human Rights Commission. The OHRC released the data to step up the pressure on the provincial government to end solitary confinement in Ontar- io's correctional facilities. YES, I AGREE 20 % 80 % NO, I DO NOT AGREE LAW TIMES POLL Law Times reported that labour lawyers say Legal Aid Ontario is dragging its feet when it comes to allowing its articling students to unionize. Readers were asked if they think LAO is right to push for seven bargaining units to repre- sent the articling students. Roughly 20 per cent said yes, LAO is right to participate in this dispute at the Ontario La- bour Relations Board, even if this delays the process overall. The remaining 80 per cent said no, LAO should stop stalling and the union is right to push for one province-wide arrangement in terms of representing the arti- cling students. LT u Bizarre Briefs By Viola James u The InsIde story "We try not to be restrictive and remain open to a variety of innovative ways to notify us of wrongdoing." ARKANSAS ROBBERY FOILED BY MOTORCYCLE BUY FROM POLICE BENTONVILLE, Ark. — An Arkansas man sus- pected of robbing a bank and arranging ahead of time to buy a used motorcycle for a getaway ended up behind bars after he was arrested by the person who managed the sale, a police officer in uniform, police said, according to Reuters. Hunter Chafin, 19, was arrested on suspi- cion of stealing US$3,350 in cash from a bank in Eureka Springs. After the robbery, he took a taxi about 65 kilometres to Bentonville, where he had arranged before the robbery to buy the motorcycle from a young man, police said. As Chafin arrived at the home, so did local police corporal Steve Vera, who was in uniform and helping his son, who owned the Honda mo- torcycle, make the sale, police said. Police said Chafin paid for the taxi with US$150 in cash taken from the robbery and bought the bike for US$2,900 in cash. A few minutes after the sale was complete, Vera received a call that Chafin was a suspect in a bank robbery and arrested him about 6 km from his house, Bentonville Police spokesman Gene Page said, according to Reuters. "It was a series of bold steps that really did not pan out for the suspect," Page said. NAKED STATUE OF HILLARY CLINTON IN MANHATTAN CAUSES FIGHT NEW YORK — An artist erected a naked statue of Hillary Clinton in Manhattan last week, causing a heated fight between defenders of the protest art and people trying to tear it down, according to New York Daily News. The grotesque caricature of the Democratic presidential candidate appeared outside the Bowling Green station during morning rush hour last Tuesday and shows Clinton with hoofed feet and a Wall Street banker resting his head on her bare chest. The statue was up for less than three hours before an enraged woman toppled it over and started yelling at the statue's creator. "This is obscene!" shouted Nancy, an em- ployee at the nearby National Museum of the American Indian who would only identify her- self by her first name. Video of the dispute shows her struggling with the artist who erected the statue, Anthony Scioli, as he tried to prop the structure back up. At one point during the tussle, the woman sits down on the statue to prevent Scioli from picking it back up. Officers with the counterterrorism unit ar- rived to the scene and ordered Scioli to take the statue down because he failed to get a permit for the demonstration. MAN FINED FOR PARKING IN HIS OWN DRIVEWAY SYDNEY, Australia — A Sydney man has been slapped with a hefty fine and labelled a "serious offender" for parking across his own driveway, according to the Canterbury-Bankstown Express. Matt Burke, who lives opposite Ashbury Public School in the city's southwest, told the Canterbury-Bankstown Express that he parked his car across the driveway to stop oth- ers doing the same after getting blocked in at busy school pickup and drop-off times. He recieved a $180 fine from a council rang- er for his trouble — the same level of severity handed to drivers who do not obey stop signs in school zones. Despite putting his case forward to the NSW Office of State Revenue on the phone and in writing, he was told leniency is inappropriate for a serious offence. A $108 fine applies to a driver who parks across a driveway. If the offence is committed in a school zone, a $180 fine and two demerit points apply to the driver. LT Paul-Erik Veel says he's disappointed by the dismissal of an injunction to stop the Cleveland Indians baseball team from using its name and logo during playoff games at the Rogers Centre. One-Year Subscription Includes: • 11 issues of both print and digital editions • FREE exclusive access to the Canadian Lawyer digital edition archives • FREE weekly e-newsletter: Canadian Legal Newswire Access a free preview at: @canlawmag 7KHXOWLPDWHVRXUFHIRUWRGD\·VOHJDOSURIHVVLRQ 416.609.3800 I 1.800.387.5164 To place an order please call 416.609.3800 or order online at: *Plus applicable taxes Subscribe to Canadian LawyerWRGD\IRURQO\ Untitled-2 1 2016-10-18 4:14 PM

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