NCube/papyrus huggingface dataset:
Un contrat pédagogique : l'entente sur mesures volontaires dans l'application de la Loi sur la protection de la jeunesse

The Youth Protection Act states that protective measures may be imposed by a decision of the Youth Tribunal or, alternatively, determined through a voluntary measures agreement (vma) proposed by a youth protection case worker and accepted by the minor and his parents. The research bears on the second mode of law application. It draws up the framework of vma in legal theory and proposes a sociological observation of the practice of vma in cases of severe behavior problems (art. 38h) YP.A.). A scientific framework of vma requires interdisciplinarity. The conceptual origins of this alternative to adjudication must be found in external disciplines and then must be introduced in legal theory. The concept of vma cornes from two different scientific movements, the contractual approach in social work and the contractual governance in law. The latter inc1udes public law transaction, administrative contract and soft law. Both movements belong to a large theoretical wave, now invading the whole of human sciences, inc1uding among others transactional analysis in psychology and contract-based pedagogy. The concept of pedagogical contract identifies this large scientific movement. Although inherently modern, the movement represents a paradigm shift from the private law/public law distinction and requires the construction of the new concept of "normative authority", independent from that distinction, in order to define vma. The sociological research follows the principles of comprehensive interview such as formalized by Jean-Claude Kaufmann. Its goal is to study the effectivity of vma. Interviews with mothers and boys reveal a subjective life experience partially in line with the instrumental function of vma (reaction of open-mindedness and adherence to law), and partially not (reaction of misunderstanding amoung mothers and of fear amoung boys). In the same way, interviews with youth protection case workers reveal motives of action partially in line with the rationality of soft law (c1inical decision and acceptance of self-control), and partially not Gudge-like retrospective attitude and refusaI of the official purpose). Globally, the results show the important potential of effectiveness of vma in terms of concrete protection, but they also reveal the great difficulties of the decision-making job undertaken by the youth protection case workers and the inadequacy of their cognitive background. Sorne of them refuse the new administrative mode because they do not understand its rationality. Then, quite often, the treatment of teenager problems reveals the prevalence of a punitive rationality and the survival, in parental imagery, of the idea of a procedure whose purpose would be to repress a child's resistance to authority, as was the case with the Industrial Schools Act of 1869.

Keyphrases: Juvenile justice, Contractual governance, Normative authority, Effectivity, Legal theory
Internet et la liberté d'expression : l'exemple des critiques dirigées contre les oligopoles

This master thesis presents a case in which an ordinary citizen tries to spread on the Internet a criticizing opinion aimed at a large company, and attempts to analyse what are the elements in favour of this criticism broadcasting, as weil as the obstacles to be expected. This example allows us to illustrate the strengths and weaknesses of the Internet in matter of freedom of speech. It also allows to put forward a warning concerning the risks of transposing current Iimits of freedom of speech in an Internet context. The first part of the analysis underlines the Internet's characteristics and the different ways to broach the subject of freedom of speech over the Internet, following severaI approaches, to finally focus on the Internet's contribution in matter of information and communication. The second part of the analysis deals with the question of efficiency, while identifying the elements that encourage the exercise of freedom of speech and those that discourage Internet users from expressing themselves. The example of criticism aimed toward large companies allows to illustrate the need to establish the Internet's own rules in matter of freedom of speech. What emerges from this example is the inadequate character of current limits to freedom of speech as set up by freedom of the press, broadcasting law, property and intellectual property law. The author concludes that in matter of freedom of speech, it wouId be recommended: 1) that the Internet be considered as a public forum; 2) that the predominance of economic interests over democratic interests in the development of the information society be admitted; 3) that the inequalities in terms of expression opportunities be recognized; 4) that the limits imposed in accordance with property law be reconsidered in an Internet context.

Keyphrases: Village global, Freedom of speech, Right to critic, Information Society, Communication, Public forum, Property Law, Global village
L'émergence d'un double régime de subventions dans le système GATT/OMC : analyse du clivage entre subventions agricoles et non agricoles

Once again, it seems that the issue of agricultural subsidies has emerged has the key concern of the current round of WTO multilateral trade negotiations - even as the Uruguay Round, which was completed in 1994, had tried to bring agriculture back into a "normal" negotiating sector at the WTO. Rather, it seems that instead of making it a sector like any other concerning subsidies, the Uruguay Round has above al1 contributed to establish a regime of disciplines for agriculture that distinguished itself in many respect from the general regime established by the Agreement on Subsidies and Countervailing Measures (SCM). An examination of disciplines in place during the GATT system (1947-1994) shows that this double regime was not formally instituted before the conclusion, in 1994, of the SCM Agreement and of the Agreement on Agriculture. In fact, despite a few distinctions that evolved gradual1y, this division only real1y established itself from the Uruguay Round onwards. With regard to export subsidies as wel1 as to domestic support, it appears that the current system subjects subsidies in the field of agriculture to rules are substantially less restricting than subsidies in other fields. This situation can be explained in part by the high degree of political sensitivity in agriculture, as wel1 as by some of the intrinsic economic characteristics of this sector. The future of this double regime remains uncertain. However, it seems that no major change can be expected during the current Doha Round.

Keyphrases: Droit commercial international, Agriculture, Subsidies, International trade law, WTO
The patentability of human genetic material in China : a comparative analysis

The past decade has seen an explosion in the availability of genome sequence data from public and private genome projects. Most notably, the complete human DNA genome sequence has been published and the locations of some of the genes have been mapped to individual chromosomes. Commensurate with the growth in sequence information, the biotechnology industry has become firmly established. Gene patents have played an important part in this industry, and there has been a marked increase in patent applications filed in the field of human genetic resource. However, concerns have been raised over the patentability of human genetic material through public protests and international statements, but to little effect. Discussed here are some of these concerns, the patent office's response to them in different jurisdictions, and ways in which to address these issues and to move the debate forward within current legal structures.

Keyphrases: Biotechnology, Patentability, Patent law, Human genetic material
De la question de la légitimité du projet de traité établissant une Constitution pour l'Europe à celle de la légitimité des juges

Europe is at current major transformation. On one side, new countries joined the European Union so the number of member States has grown from fifteen to twenty-five. On the other side, a Draft Treaty establishing a Constitution for Europe was approved on June 2004. And which will be at the heart of this research. Providing The European Union with a new Act drives conclusively to raise a multitude of questions concerning the Act itself on the surface, but equally its consequences. What should be understood with "Treaty establishing a Constitution for Europe"? Which will be the effects on the existing Community Law and the National Legislations? This research will try to answer these questions and will offer a special lighting on The Treaty. More particularly it will be focused on the Court of Justice that shall ensure respect for the law in the interpretation and application of the constitution (Article 1-28 of the Draft Treaty). And how judges will react towards it? Is their actions are going to be legitimate? In fact, the debate will be based on the judicial review that the judges will give, and which will set the new norm.

Keyphrases: European Union, Constitutional Treaty, Court of Justice, Principle of primacy, Legitimacy
Internet et le paradigme juridictionnel

The Internet facilitates transborder transactions, even among people living far away from one another. The permeability of borders arising from the use of the Internet makes it very difficult to apply traditional rules under private internationallaw, which are based on a territorial paradigm. The purpose of this thesis is to analyse this problem. First, we explore the characteristics of the Internet in this particular context and the relevant sources of private international law. Through the prism of cyberspace, we then review jurisdictional criteria arising from the doctrine and jurisprudence. Special attention is paid to the field of cyberconsumers, which is particularly vulnerable to the absence of territorial references. Indeed, state paternalism designed to protect consumers is difficult to apply in this field. Confronted with this new reality, the international community will increasingly turn to alternative methods of dispute resolution, while States join forces with the private sector to develop co-regulations.

Keyphrases: Cyberspace, Jurisdiction, Private international law, Consumer, Alternative dispute resolution
L'effritement du consentement au profit d'une meilleure justice distributive de la recherche biomédicale avec des sujets humains : une étude comparative en situation d'urgence

Biomedical research performed under emergency conditions highlights the conflict between competing ethical principles. The respect for the autonomy of the person, illustrated by the need to obtain a subject's informed consent, can seem an empty concept in the case of a patient presenting severe medical conditions. For those patients in a midst of a medical crisis, and therefore vulnerable, particular protection is necessary. An overprotection would, however, contravene both the principles of distributive justice and of beneficence, principles that hold that an entire group of subjects ought not to be excluded from the expectations of the benefits of properly controlled research. The object of this text is to discem the ethical foundation of the legislative, regulatory and normative texts that permit those stricken with devasting diseases to participate in research projects without consent having been granted. Based on the pluralist ethical model, the author asserts as a hypothesis that it is the principle of distributive justice which supports the ethical policies underlying such texts, since contributing to the development of therapeutic advances in emergencies and to the necessity of increasing the effectiveness of available treatments. This text attempts ultimately to establish procedures to be followed in obtaining approval in research projects in the case of an emergency.

Keyphrases: Population vulnérable, Principe de justice distributive, Biomedical research, Emergency conditions, Informed consent, Vulnerable subjects, Principle of distributive justice, Pluralist ethical mode, Approval procedures
Représentations sociales interethniques en région : les cas de 
Drummondville et de Gatineau

Studies on Québec immigration regionalization have discussed freely the demographic, political and economic advantages of such a practice in terms of curbing rural exodus. Nevertheless the social dimension of immigrant settlement in regions has not been researched really thoroughly. Moreover the literature review on the topic has shown the lack of research on certain regions of Québec. It is therefore relevant to increase knowledge by studying the situations of Drummondville and Gatineau in this masters thesis and to look at the issue of regionalization of immigration in Québec from a relational perspective between immigrants and natives. It was therefore decided to examine the discourses of immigrants and of non-immigrants in Drummondville and in Gatineau on the integration of newcomers in the regions and to identify if both groups’ perceptions were homogeneous in order to question the relevance of the us/them dichotomy in context of interethnic relations in the regions of Québec. The development of the conceptual framework has therefore allowed for sociologically defining the notions of social representations, of cultural identity, of interethnic relations, of intraethnic relations and of integration, and a many-month fieldwork was used to gather the analysis material. Semi-directive interviews were conducted with twenty-four participants, equally distributed between immigrants and Canadian-born.  Finally, the qualitative analysis was structured according to five themes: residential practices; frequentation and affinity; employment and community involvement; diversity management; politics and identity. In sum, it is not possible to verify if the social representations of immigrants and non immigrants who had little exogroup contacts were mainly negative because the participants who accepted to be interviewed already had many interaction with their counterparts. And these relations were of a positive nature. On the other hand, it was expected to feel a fear from native Quebeckers towards immigrants due the small number of the latter in the regions and the conservatism associated to the areas located outside of Montreal metropolis. But it was proved false too because both places have institutions and individuals that are actively engaged in this project. Moreover, the participants of Drummondville seemed as open-minded as Gatineau’s, in spite of the second’s proximity to Ottawa and the fact that immigration is not that new to its citizens in this relatively large multicultural city

Keyphrases: immigration
La loi applicable au fond dans les litiges concernant les noms de domaine

Facilitating web sites addressing on the Internet, domain names have become a means of identification of the company, its activities and its productions, whether in the virtual world as well as in the real world which obliged the legislator to look for the best legal way to protect this "identifier" and organize its mode of exploitation. This "added value" to the company, naming the domain name, provokes several conflicts between him and "the other distinctive signs" by raising new questions and reflexions of legal nature. The study of the protection of the domain names highlights the elasticity of the distinctive signs theory, which extends toward the transnational virtual world of the Internet. The virtual nature of domain names on the Internet traces also a problem of jurisdiction. Must one consider that the protection granted to domain names is of an international nature, or just national? AlI these questions and others as well, will make the core of our study during which we will try to answer, as much as possible, to all related questions, based on various related doctrinal and jurisprudential opinions.

Keyphrases: domain names
Le paradoxe de la politique canadienne visant l'impunité des criminels de guerre

The main goal of this study is to demonstrate the paradoxal behavior of the Canadian government regarding its impunity policy towards the treatment of war criminals. In reality, it appears that the Canadian government does not choose to punish them using criminal law processes but uses the immigration and citizenship laws instead, therefore enabling deportation and denaturalization of these criminals. This study proposes an historical review that leads to the Canadian government's choice of using impunity as a general policy towards war criminals. The review will present the state of this policy in the aftermath of World War II, the Deschênes Commission report, and final1y, the strategy change made by the federal govemment fol1owing the juridical decision made in the Finta case. For the last part, it seems appropriate to present a comparative study between immigration, citizenship and criminallaws. This comparative exercice will target the main differences between those different processes of war criminal treatments. By doing so, we will be able to assess with more accuracy negative consequences ofthis particular choice.

Keyphrases: Immigration, Criminal law, Deportation, Impunity, Punishment, War criminals
L'avocat diffamateur : ses devoirs de conduite et la mise en oeuvre de sa responsabilité civile

The present Master's Thesis studies the defamatory actions committed by the attorney towards the opposing party, the latter's representative and the witness. The study seeks to find ways of preventing defamation and heightening awareness for attorneys. The following questions will be examined : should an attorney be considered as a common individual in defamation cases? Should he, therefore, strictly follow his professional duties of conduct to prevent potential defamation situations? First, we will analyse the nature of defamation in Quebec civil law by looking at the laws governing it, the fundamental and personality rights attached to it and the juridical elements constituting it. In light of this, we will then identify the attorney's professional conduct duties with respect to his written and oral allegations. More particularly, the need to act with moderation and courtesy towards the third party will be discussed. Finally, the application of the attorney's civil responsibility will be examined, more specifically his civil fault in light of the following criteria: relevance, truthfulness and good faith. Moreover, the concepts related to the attorney's qualified privilege will also be assessed and criticized.

Keyphrases: Attorney, Civil fault, Courtesy, Defamation, Dignity, Honor, Professional conduct
La relation complexe du juge et de l'expert-psychiatre

Psychiatric report is required at the court in several legal statements as weIl in criminal matters as in civic matters and is subject to the same codes of proofs as any other expert report. Still, psychiatry and its object are absolutely peculiar. The relation that may be kept between the judge and the expert psychiatrist is tinged with many elements of social and professional nature but also of judicial and quibbling nature, simply. While lawyers and legal experts quote that relationship of an usurpation of the judge part by the expert psychiatrist , psychiatrists on the other hand reckon that the expert report is completely perverted by the judicial process. Yet, reality is not univocal. If the psychiatric report is globally a proof among many others, it can still have a crucial impact in the ruling machinery.

Keyphrases: Interaction, Proof, Appraise, Psychiatry, Law, Court
La Loi sur la gouvernance des premières nations : (dé)colonisation du droit fédéral canadien en matière autochtone ?

Since 1876, relations between Aboriginals and the federal Crown have always been defined by the Indian Act. On October 2001, the First Nations Governance Act (FNGA) was introduced in the House of Commons by the Minister of Indian Affairs and Northem Development. According to the Minister, the bill is pivotaI in seeking to amend and complement the Indian Act in order to prepare Aboriginals for their future political emancipation. The purported purpose of this new policy is to operate a fundamental shift away from the colonial approach ofthe Indian Act. However, the majority of Aboriginals are opposed to the enactment of the bill since, in their view, it only entrenches the colonial approach embraced by the federal govemment's policies. The purpose of this thesis is to determine whether the FNGA will in fact shift away from the colonial approach of the govemment toward Aboriginals or if, on the contrary, is about modemizing colonialism. Our analysis begins with a definition of a framework using indicators to identify colonialism which we will have previously drawn up. Using this framework, we will first demonstrate the colonialist nature of the Indian Act, to then determine whether the FNGA in fact distinguishes itself from the Indian Act. While the FNGA contains sorne steps in a direction of shift away from the colonial approach, it largely reveals that the Canadian govemment still hesitates to change the nature of its relationship with Aboriginals.

Keyphrases: Canada, Colonialism, decolonization, Aboriginals, Federal law
Les mécanismes de protection de la jeunesse autochtone au regard de la théorie libérale de Will Kymlicka

With the massive extraction of native children from their communities, aboriginals are claiming more control over youth protection issues. These claims are part of a greater struggle for governmental autonomy. In our research we have examined how this collective right to autonomy can be reconciled with children's individual rights as pertains to the field ofyouth protection. Will Kymlicka's liberal theory, which reconciles individual and collective rights, will serve as our theoretical framework. We have surveyed four types of institutional establishments that strive to gamer more control for aboriginals over youth protection issues: 1) delegation of authority over the administration of provincial youth protection laws to the aboriginals ('delegated authority' models); 2) creation of aboriginal norms for youth protection according to a delegated authority (model created by the Spallumcheen band); 3) complete aboriginal authority within reserves and the application ofuniform federallaws outside ofreserves (model developed in the US) and 4) the recognition ofthe right to governmental autonomy (model developed by the Nisga'a Nation). We have tried to determine which model better fulfills the Kymlickan ideal. Our research has brought us to conclude that the model developed by the Nisga'a Nation affords an optimal conciliation of individual and collective rights as understood by Kymlicka's theory. Furthermore, our research has underlined certain inconsistencies in the Kymlickan approach: 1) Kymlicka's political theory does not consider the question of the incumbent of the right to governmental autonomy and 2) an approach based solely on institutional change (as Kymlicka's) is not sufficient in dealing with a problem as complex as aboriginal youth protection. In the first part of this thesis, we have analysed the historical and theoretical contexts of our research subject. In this section we consider the historical evolution of aboriginal youth protection and individual and collective rights. In the second part, we explore Kymlicka's theory, which we have applied in analyzing our four aboriginal youth protection models.

Keyphrases: Nisga'a, Spallumcheen, Canada, Indians, Children, Rights, Governmental autonomy, United States