NCube/papyrus huggingface dataset:
Du recrutement au lobbying: une étude de l'utilisation du marketing politique par les groupes d'intérêt au Québec

The goal of this paper is twofold. On the one hand, it aims to offer an innovative analytical framework for extending the model of political marketing, traditionally limited to the case of political parties, by applying it to the recruitment (upstream) ad lobbying (downstream) strategies of interest groups. On the other hand, it aims to give new impetus to the study of interest groups as a subfield of political science by placing their actions in a dynamic and strategic perspective. In more specific terms, this research aims to assess, with two hypotheses, the overall level of deployment of the marketing approach among interest groups in Quebec and compare its specific level of penetration within the various organizations. The first hypothesis argues that the degree of penetration of global marketing policy with interest groups in Quebec is relatively low due to a number of contextual factors that have historically limited its integration within their recruitment strategies and lobbying. The second hypothesis assumes for his part that the level of deployment of specific marketing approach is limited to certain organizations and varies depending on certain factors which may be contradictory. The data gathered during interviews with twelve key interest groups active throughout the Quebec tend to confirm the two hypotheses.

Keyphrases: Lobbying, Political Marketing, Political Communication, Interest Groups, Recruitment
Breaking the silence : International conference on the Indian residential schools commission of Canada ; Montréal, Canada, 26-27 septembre 2008

This is the full audio recording of the "Breaking the silence : International conference on the Indian residential schools commission of Canada" that took place at the University of Montreal on September 26-27, 2008.

Keyphrases: Indian residential schools, Aboriginal rights, Political philosophy, Ethics, Truth and reconciliation commission
La constitutionnalisation de la juridiction inhérente au Canada : origines et fondements

The inherent jurisdiction of the superior courts is frequently used by the courts in Canada. However, many of its major aspects are still unknown or misunderstood. This paper tries to identify the origins and foundations of the inherent jurisdiction to explain its constitutionalization in contemporary Canadian constitution law. To achieve this purpose, we retrace the essence of the inherent powers by way of an historical approach. This allows us to construct a coherent constitutional theory of the inherent jurisdiction which will be useful to evaluate the legitimacy and appropriateness of its manifold modern uses. The constitutionalization of the inherent jurisdiction rests on the unique status, nature and characteristics of the superior courts in Canada. More specifically, the constitutional principle of judicial independence is the modern foundation of the constitutionalization of the inherent jurisdiction. This assertion allows us to advance the idea that the inherent powers needed to maintain the judicial independence of the superior courts must be elevated to the level of supralegislative norms.

Keyphrases: Constitution, Inherent powers, England, Canada, Superior Courts, Judicial Independence, Supralegislative norms
Des enjeux juridiques concernant l'efficacité des systèmes d'échange de droits d'émission

The present essay describes and analyses different types of emissions trading schemes as an instrument in air quality and environmental policy. The objective is to index legal stakes or risks relating to the efficiency of emissions trading schemes. ln the first part, we evaluate the structure and the design of emissions trading schemes. The knowledge of the economic theory transcending those schemes is necessary to understand ail the structural mechanisms. After this evaluation, this essay proposes an analysis of the U.S. sulphur dioxide program based on the U.S. Clean Air Act and sorne of the litigations that occurred in the application of the said program. ln part two, we are describing the structure and the design of emissions trading schemes with the specific goal of underlining the interactions between different types of environmental policies or regulations and emissions trading schemes when they are ail used for the same environmental problem.

Keyphrases: Environmental law, Emissions trading scheme, Clean Air Act, Allowance, Sulphur dioxide, Greenhouse gas, Efficiency, European Directive
De l'intérêt de l'enfant à la reconnaissance du droit à une vie familiale normale : chemin accessible pour les étrangers?

This thesis relates to the right of immigration. It concems aliens who are aimed with a removal order in spite of the fact that they have family bonds in Canada. The Baker case, of the Supreme Court of Canada, is our point of reference since it preaches, inter alia, the respect of the best interest of the child as regards to immigration. Starting from this assertion and legislative & jurisprudential practices that followed from the case, would one arrive one day at recognizing to every migrant the right to a normal family life like it is done in Europe? Would this path be accessible? This project aims at showing this legal evolution that could occur in Canada within the framework of a larger respect of the fundamental human rights.

Keyphrases: Immigration, Art. 25 L.I.P.R., Canada, Alien, Best interest of the child, Family life, Removal order, Unity ofthe family, Council of Europe
L'égalité entre hommes et femmes dans le Coran selon l'interprétation réformiste de Mahmoud Mohamed Taha

When taken literally and strictly applied by Muslim fundamentalists, sorne Koranic provisions go against gender equality. As for him, Mahmoud Mohamed Taha has endeavoured to promote that equality not in spite of the Koran but rather precisely because of a renewed understanding of it. After outlining the global context of the relations between Islam, modemity, and human rights, this dissertation evokes the main features of Islamic modemism in the field of law in order to bring out the original and bold nature of Taha's reformist approach. This approach is first studied globally in its basic principles and then in its application to the case of gender equality. After that, a parallel between John Locke's and Taha's thought shall underline their common roots withinjus naturale and lead to a conclusion assessing the actual impact of Taha's work.

Keyphrases: Islam, Jus naturale, Islamic law, Modemism, Human rights, Natural law, Jus naturale, John Locke
La démocratie et la Loi sur la clarté : réflexions sur la règle de la majorité dans le cadre d'un référendum

Since the enactment of the Clarity Act, which repudiated the validity of the majority rule and the famous maxim "one person, one vote", for the benefit of a so-called "clear" majority, this essay attempts to bring to light the validity and the foundation of the historical 50% + 1 rule, in the event of a referendum by the province of Quebec pursuant to "secede" from Canada. Thereby, by examining either the contemporary as weil as the historical justifications in favor of the majority rule, one ought to examine the different arguments put forward by either side of the political specter and try to interpret them in the context of the Secession Reference, which lead to the adoption of the Clarity Act. Analyzing the recent referendums held around the world, 1 will thereby try to examine the validity ofthe majority rule at the national and internationallevels.

Keyphrases: Majority Rule, Clarity Act, Voting Rights, Political Equality
Les recours collectifs contre plusieurs défendeurs

A class action is a procedure which enables one person to sue without a mandate on behalf of aU members of a group of which he or she is a member. This procedure can be used to sue more than just one defendant. There are two different types of class actions against multiple defendants. In the frrst type, aU members have a cause of action against all defendants. There are also class actions where aU members plead an identical cause of action against multiple defendants whom wrongfuUy and similarly acted toward one of the members. The admissibility of this latter type of class actions against multiple defendants has been questioned. The petitioner would not have a sufficient legal interest to bring an action against the defendants whom did not cause him or her any prejudice. He or she would not be able to satisfy the requirements of the Code of civil procedure regarding class actions. However, it appears from the mIes that govem class actions that the petitioner pleads not only his or her personal cause of action, but also pleads the cause of action of aU group members. Thus, the petitioner cannot be reproached for not having a legal interest or a cause of action against aU defendants insofar that there is, for each defendant, at least one member of the group whom has a legal interest or a cause of action against him or her. The other requirements of the Code ofcivil procedure do not bar the authorization to institute a class action against multiple defendants.

Keyphrases: Judicial law, Civil procedure, Class action, Multiparty litigation, Defendant
Les enjeux du droit des sûretés grevant des valeurs mobilières indirectement détenues en Amérique du Nord

The objective of this master thesis is to present an analysis of the laws applicable to security interests in indirectly held securities, or securities held with an intermediary, in North America. In order to do so, it will be useful to brief1y explain the mechanism of the indirect holding system and to determine the legal nature of both the indirectly held security and the investors' rights in such securities. A critical analysis will be made of different national legal frameworks applicable to securities interests in indirectly held securities, beginning by the rules of Quebec civil law. The legal framework applicable in the other Canadian provinces and in the United-States will then be analyzed. Such analysis will allow us to identify the deficiencies ofthese legal frameworks and to identify a need for uniformity among them. In order to identify legal solutions for the harmonization of North American laws pertaining to security interests in indirectly held securities, this master thesis will analyzed the objectives and the rules proposed by the Uniform Law Conference of Canada, UNIDROIT and the European community.

Keyphrases: Security interest, Hypothec, Pledge, Indirectly held security, Intermediary, Quebec law, Canadian common law, American law, Harmonization
Le contrôle des pratiques anticoncurrentielles au sein des marchés de l'Union Européenne, des États-Unis et du Canada : perspectives d'un droit antitrust international

The purpose of this memoir is to observe how the antitrust authorities of the European Union, the United States of America and the Canada are controlling and enforcing cartels, monopolizations or attempts of monopolizations and mergers and acquisitions which have sometimes the effect of restricting the competition in a specifie market. In order to do so, the differences and similarities between this three different antitrust legislation will be highlight especially those concerning the definition of the relevant market, the qualification and the nature of aIl this practices and the process by which, each authority permit, amend or fordid the supposed infringement. In a second time this memoir will have to demonstrate the basis of the extraterritorial application of their nationallegislation by national antitrust authorities, on foreign market or foreign company. Finally the last goal of this memoir is to take stock on evolution of an international antitrust legislation inspired by a treaty or a multilateral guide, which be bounding for each actor of the economic process.

Keyphrases: Cartels, Monopolization or attempt of monopolization, Mergers and acquisition, Enforcement
Enjeux éthiques et légaux des applications du diagnostic préimplantatoire au Canada

Preimplantation genetic diagnosis (PGD), which results from an alliance between medically assisted reproduction and genetic diagnostic techniques, provides humans with an entirely new means of chiId "quality control." Based on a vast set of criteria, such as sex selection or the elimination of a genetic disorder, parents can now select embryos created via in vitro fertilization according to their genetic characteristics. These applications give rise to numerous questions. It is not surprising that PGD and its various applications are the subject of intense ethical debate; the implementation of a legislative framework is a definite necessity. ln 2004, Canada finally adopted the Act Respecting Assisted Human Reproduction and Related Research (S.C. 2004, ch. 2). PGD is indirectly covered under embryo manipulation. Section 10 (2) sets out general conditions concerning the modification, manipulation, treatment or use of an in vitro embryo-the limits of which are determined by the regulation and authorization framework. We may rightly ask what form this will take in each PGD application. One of them, sex selection for nonmedical reasons, is already prohibited in the text of the Act. What regulatory provisions will be made for other uses of PGD? The Governor-in-Council has the power to designate categories of activities that may be authorized and to establish conditions for the exercise of any regulated activity. What type of regulations will they be? What must they or should they contain? 1 have examined the judicial control of various applications of this diagnostic technique. Both France and the United Kingdom offer normative models of interest to Canada. During this analysis, 1 have endeavoured to determine which of these two models is most suited to the Canadian reality with respect to medically assisted reproduction and PGD. 1 thus noted that the choice of a model also depends on our position on certain ethical issues such as the importance of reproductive autonomy (i.e., freedom of choice of embryos according to criteria established by individuals).

Keyphrases: New reproduction technologies, Medically assisted reproduction, Genetic tests, Preimplantation genetic diagnosis, Law, Ethics
Discrimination génétique lors de la pré-embauche : élaboration d'une politique d'encadrement

Since the advent of the Ruman Genome Project, discoveries in the field of human genetics have been prolific. As a result of these scientific developments, new genetic tests are now available for a variety of disorders. Although advances in genetic research promise dramatic progress in the treatment and prevention of genetic diseases, they raise concerns about the protection of human rights of individuals such as the possibility of genetic discrimination by employers. With regards to the workplace, genetic information will surely influence hiring praetices. Therefore, such practices will affect public acceptance of new genetic technologies. Considering the issues raised with regards to genetic testing, is the current legislative framework suitable to avoid genetic discrimination in the hiring process? This thesis will attempt to answer this question. We will begin by an overview of genetics and the Ruman Genome Project. We will examine the ethical and legal implications of genetic testing in the workplace. The thesis will focus on three public policy approaches in dealing with genetic discrimination for employment purposes. After outlining the advantages and disadvantages of each approach, we will analyse the state of the law in the province of Québec. At the end of our discussion, we will propose recommendations to deal more efficiently with the increasing fear of genetic discrimination in the workplace and to limit the adverse effects of genetic information in the hiring process.

Keyphrases: Discrimination, Genetic, Genetic testing, Pre-employment, Social perception, Employer
Le vote par internet à distance : est-il conforme aux exigences du droit électoral québécois et canadien?

To come to an answer, this thesis employed a three step approach; firstly, we determined the guiding principles which ensure an election's legitimacy. Secondly, we refined our research by retaining only the principles relevant in an electronic context. The vote must abide by the following principles: Vote for all, periodicity, equality, secrecy, freedom, safety and transparency of the process. Thirdly, we transposed the stages of the electoral cycle on the Internet. The identified problems are more political than they are legal or technical. For instance, the confidentiality of the vote can be helped with the use of cryptography, and the introduction of the multiple individual vote, which would make it possible to record only the last vote cast. The safety of the process can be reached by measures of physical protection of the servers, a continuous control mechanism and an access to the source code of the voting software. Accessibility to the technology could be increased with a network of public access points to the Internet, and with education clinics. With respect to the handicapped voters, the voting software should comply with recognised principles of accessibility. To identify the voters, shared secrecies between the voter and the electoral authorities could allow a dematerialisation of this procedure. In conclusion, the spirit of our electoral laws would allow for the introduction of an Internet voting process.

Keyphrases: Vote, Internet, Compliance
Le traitement des porteurs minoritaires de titres de sociétés par actions publiques dans un contexte transactionnel : où en sommes-nous?

In a practical perspective based on transactionallaw, the author shows a global portrait of the legal regime applicable ta minority shareholders of Canadian publicly listed corporations. Firstly, he tackles the various transactional mechanisms used by corporations that want ta proceed ta a change of control operation. Secondly, he continues by explaining the issues surrounding the protection of minority shareholders. Then, he describes the obligations related ta Rule Q-27. Finally, he proposes an analysis of minority shareholders treatment in light of, on one hand, corporate governance and, on the other hand, institutional investors activism.

Keyphrases: Fusions et acquisitions, Securities law, Mergers & acquisitions, Protection of minority shareholders, Rule Q-27, Corporate governance, Institutional investors activism
Les conjoints de fait au Québec : perspectives féministes pour un encadrement légal

Quebec is the only Canadian province that does not impose legal obligations regarding interpersonal relations between the members of unmarried couples. In 2001, there was 1 158 410 unmarried couples in Canada, of which 508 525 were living in the province of Ouebec. Common law spouses from other provinces have claimed equal legal status with married couples, which lead to many decisions from the Supreme Court of Canada and to provincial legislations regarding their separation. Thus, ail Canadian provinces except Ouebec impose alimentary support on common law spouses at separation. This study uses the methodology of feminist legal theories to approach the legal situation of Quebec families in a historical and sociological context to propose a legislation regarding interpersonal relations within unmarried couples. According to the author, there should be a compensatory obligation of support between the members of unmarried couples with children to favor equality and familial solidarity.

Keyphrases: Cohabitation, Concubins, Droit familial provincial comparé, Alimentary support, Cohabiting couples, Common law spouses, De facto union, Family law, Feminist legal theory, Post-separation dependency, Socio-legal study, Spousal support
Le consentement à la convention d'arbitrage commercial international : évolution et développement récents en droit québécois et en droit international

Arbitration has evolved in parallel and in accordance with the development of commerce and of international relations coming along with the rise of commercial disputes which are becoming increasingly complex and specialised. By choosing arbitration, the parties consensually exclude the jurisdiction ofState courts. This right to access State courts is protected namely in the Charter ofHuman Rights and Freedoms. The validity of an arbitration clause therefore depends above all on the proof of its existence and of the consent of the parties to that effect. The necessity of the written form becomes a mean that insures of the consent of the parties. The 1958 New York Convention enumerates several of those formal requirements. !ts section 11(2), which states that the arbitration clause has to be in written form, is not adapted to today's legal and commercial reality nor to the development of electronic commerce. What exactly is considered as ''written'' in order to respect the requirements of section 1I(2)? As addressed by UNCITRAL, the issue concerning the formalism required for the expression of the parties' intent to be subjected to arbitration is of a vital importance. Numerous interpretations exist in Canadian law as well as in International law. A reform of the existing legal provisions relating to the consent of arbitration needs to be implemented, either through a reform of the existing provisions or through an official process to update the interpretation given to the requirements that are a1ready in place.

Keyphrases: Arbitrage commercial international, International commercial arbitration, Arbitration clause, Consent to arbitration, Written form, Formal requirements, 1958 New York: Convention, UNCITRAL Model Law on International Commercial Arbitration
L'intérêt d'assurance comme élément constitutif de la déclaration initiale de risque en assurance de dommages

This work tries to answer one question: should the insurable interest be an element of the initial declaration of risk? Our main hypothesis is to prove that the interest must be declared when it constitutes a moral risk. To support our opinion, we divided our argument in two parts. The first one is dedicated to the insurable interest : its definition, its history and its interpretation given by the court through the years. ln the second part, we discuss the representation of risk. Particularly, we examine the consequences of a breach in the insured's obligation to divulgate ail the pertinent information to the insurer. Our conclusions are the following : 1. An interrogation still exists concerning the insured's obligation of having an insurable interest at the moment of the loss or also at the signing of the contract. Some authors consider that the insurable interest has to exist only at the loss; 2. The different interest which a person can have should not influence directly the risk, contrarily to the initial declaration which is used to identify and Iimit the risk. This conclusion is conform to the historie background of the insurable interest; 3. The insurable interest can be modify without changing the validity of the contract. On the contrary, the initial declaration of risk can not be modified without a raise in the premium or a refusaI; 4. The particular interest detained by an individual can constitute an increased subjective risk for the insurer in certain circumstances.

Keyphrases: Bonne foi, Insurance, Damages, Contract, Insurable interest, Initial representations, Risk, Good faith, Moral risk, Nullity