NCube/papyrus huggingface dataset:
Synthèse totale de la lépadine B : plate-forme pour la découverte de nouvelles tranformations chimiques

In this document, the results of Ph.D. thesis will be detailed. First, we will discuss the synthesis of alkaloid lepadin B, the shortest to appear in the literature to date. This synthesis, in addition to validating the asymmetric synthesis of polysubstituted piperidines developed earlier by the group of Professor Charette, will highlight an original use of a ring-closing ring-opening alkene metathesis sequence. Also, a brief mechanistic study of the latter reaction will be detailed, a study which led us to propose an unusual mechanism for this reaction sequence and for which the experimental concequences are impressive.   During the total synthesis of lepadin B, we identified a synthon of great synthetic value. Indeed, containing not less than four chiral centres, that synthon could be obtained enantiopure through a short three-step synthesis from pyridine. We performed a structural analysis of this synthon and we envisaged an additional validating through an original use of the Grob fragmentation. Consequently, we developed a new highly regio- and diastereoselective synthesis of 2,3,6-trisubstituted piperidines.  To succesfully realize the latter methodology, it was required to perform an amide reduction in the presence of sensitive functionnalities under usual reduction conditions. Fortunatly, we had recently developed a set of conditions for the highly chemoselective reduction of tertiary amides. This new reaction, fundamentaly inspired by an amide activation methodology from Charette’s group, allowed the reduction of amides in the presence of functionalities such as ketone, ester, nitrile, epoxide, unsaturations, etc.  Finaly, the knowledge acquired by conducting this research allowed for the elaboration of a new methodology for the synthesis of indolizidines and quinolizidines. Specifically, we developed the first intramolecular pyridine activation-asymmetric dearomatization reaction of the pyridine. This led us to the highly stereoselective access to indolizidine and quinolizidine backbone, the unsaturated nature of which permitting a good degree of synthetic flexibility. In that context, we will detail a short synthesis of trans-indolizidines.

Keyphrases: Alkaloids, Grob fragmentation, Amide reduction, Pyridine dearomatization, Chemoselective synthesis, Asymetric synthesis
Les problèmes posés par la multiplicité de lois applicables dans les recours collectifs internationaux engagés à la suite d'accidents à grande échelle

When a catastrophic accident occurs, involving numerous victims from different states, we could, instinctively believe that justice will be best served by consolidation of all claims arising from such event. However, this idea isn’t completely right... Ironically, while catastrophic accident is a collective event, the claims pertaining such event remain a personal right of action. Therefore, the court might select the law applicable to each claim in accordance with its own conflict of laws rules. Because those rules aren't similar among states, the law applicable to each claim will differ accordingly. Consequently, the judge hearing a multi-state class action pertaining the same event will need to deal with multiplicity of laws. Historically, American federal courts have almost systematically rejected consolidation of claims when a multiplicity of laws appears. Many solutions to overwhelm problems arising from multiplicity of laws have been raised by the legal communauty. To date, none of those solutions seems perfect. It brings the conclusion that the idea of an international class action to resolve in a single lawsuit, all claims resulting from a single accident, might be an utopia. However, efficiency of class actions proceedings remains. As soon as litigants determine, prior to the certification request, the law applicable to each individual claims, in accordance with the relevant conflict-of-laws rules, in order to join all claims that are similarly conducted by the same law. In doing so, problems related to diversity of laws in class actions are avoided.

Keyphrases: Catastrophic accident, Class action, Conflict-of-Iaws, Mass torts, Multistate cases
Entre Hippocrate et De Coubertin: les obligations professionnelles des médecins face au dopage sportif

The particular context of doping raises many questions regarding the obligations and the liability of physicians. According to the Medical Code of the Olympic Movement (2005), physicians must respect the principles of medical ethics as well as those of sport ethics, such as fair play. Sometimes, sport ethics conflicts with medical ethics. Therefore, physicians are confronted with important dilemmas, which could engage their professional and civil liability. These dilemmas concern, in particular, the duty of care and professional secrecy. For example, could physicians prescribe drugs to counter the side effects of doping in order to preserve the health of the athletes? Issues surrounding research on the improvement of performance is also of interest. Because of the often clandestine nature of this research, it should be asked whether physicians who participate respect their professional obligations. An analysis of the principal normative documents applicable demonstrates that physicians should not be placed in a situation where they would refuse to treat athletes because of fear of accusations of doping. Moreover, professional secrecy should be maintained when a physician follows an athlete in order to preserve the relation of trust. Finally, the analysis of the context of the research on the improvement of performance reveals that physicians don't always respect their obligations. These physicians might engage their professional and civil liability and face severe sanctions.

Keyphrases: Sport, Doping, Sport ethics, Medical ethics, Duty of care, Professional secrecy, Medicalliability, Physicians, Research, Sports
ADPIC et brevets pharmaceutiques: le difficile accès des pays en développement aux médicaments?

The Agreement on Trade-Related Aspects of Intellectual Property Rights is one of the main pillars of the agreements of the Uruguay Round. It is also one of the most controversial. This agreement strengthens the intellectual property rights, ties them to trade regulation and introduces a global binding standard. The implementation of this Agreement, which includes the recognition and the strengthening of the protection of pharmaceutical products and processes by patents, raises particular problems for developing countries, given the in lack of professional over financial resources as well as their poor economics infrastructure. The interpretation of this Agreement can have important consequences on public health policies and in particular on people's access to medicines. Unless the pressure of rich countries and pharmaceutical companies, governments of developing countries sometimes find themselves bound hand and foot and do not use the flexibilities provided to them by the Agreement to improve their position, thus making the health situation of their people still more precarious. This study describes the main actors and the important stages of negotiating the Agreement, as well as the various adjustments that were made under the pressures of numerous actors. It provides explanations of the existing mechanisms and of the potential consequences of the implementation of the Agreement on the accessibility of developing countries to medicines.

Keyphrases: ADPIC, OMC, TRIPS, Intellectual property, Patents, Medicine, Health, Developing countries, Developed countries, WTO
Nature et particularismes du contrat de progiciel

This thesis is intended to analyse the nature and the particularities of software license package contracts. Firstly, the obligations of each party will be studied, after which it shall be endeavoured to qualify the software license package contract with regard to civil law. Secondly, the creation of the software license package contract in a generalised situation as well as in an electronic environment will be examined. Furthermore, two new methods of contract creation will be contemplated, namely the "shrink-wrap" and the "click-wrap" methods. Finally, clauses limiting or exonerating responsibilities and guaranties, the de for election clause and clauses in relation to intellectual property will be analysed.

Keyphrases: Qualification, Software, Software License Contract, Qualification, Creation, Guarantee, Responsibility, De for election clause, Intellectual Property
Les valeurs de la communauté et la justification des restrictions aux droits et libertés de la personne

150 years ago, John Stuart Mill denounced the tyrannical hold of public morality on the life of individuals and asserted that the principle of harm to others constituted the sole criterion under which the State may legitimately interfere with individual liberties. A century later, in response to the Wolfenden report, Lord Devlin developed a version of the legal moralism thesis which supported the criminal prohibition of homosexual practices made in private between consenting adults. This thesis of legal moralism has been widely criticized. According to two of the most influent legal philosophers and theorists of the twentieth century, Herbert L.A. Hart and Ronald Dworkin, the legitimate role of community values in the justification of coercive intervention of the State in the lives of individuals must be determined according to the principles of critical morality. These philosophical debates have profoundly influenced the judicial discourse in Canada. The Supreme Court of Canada decisions rendered since the entrenchment of the Charter show two trends in the interpretation and application of the harm principle in the examination of the legitimacy of the legislative objectives at the first stage of the Oakes test. According to the first trend, that often legitimizes judicial activism, the justification of an infringement must rely on the demonstration of a prejudice to values officially recognized. According to the second trend, which favours deference towards the legislator's moral choices, the harm principle is not a requisite: The existence of objective moral considerations suffices.

Keyphrases: Charte, Justification, Libertés, Public morality, Conventional morality, Critical morality, Harm principle, Wolfenden report, Charter, Justification, Rights, Liberty
La responsabilité précontractuelle, perspectives québécoise et internationale

The main focus of this thesis is to investigate pre-contractual liability as it pertains to Quebec and International law. More specifically, it will examine how breaches in negotiations are dealt with when there are no existing pre-contracts. In order to determine the parameters involved, the nature of the liability will be determined. Since it has not been coded within Quebec law and is not specified in any major international documents, liability is considered within the framework of one of two main systems, either contractual or extra-contractua1. This is not simply a theoretical issue since it directly influences prescription and private International law. In Quebec, doctrine and jurisprudence have associated pre-contractual liability with the extra-contractual framework, thus following the c1assic model of fault, injury and causality. The nature of the liability remains unclear under International law due to the diversity among members comprising the committees that elaborate norms. However, all agree that there is a fundamental concept underlying pre-contractual liability: that of good faith. It remains central to the notion of fault and dictates the ethics involved in negotiations. In addition to the nature of the liability, we will also discuss how it is brought into play. The notion of good faith implies that negotiating partners have certain duties with regard to each other that they must respect. These duties have been developed through jurisprudence and each case must be evaluated separately. Quebec courts rarely sanction breaches in negotiations because they relate to the basic concept of freedom of contract. It is this notion of freedom that prevents Common law countries from accepting the concepts of good faith and pre-contractual liability, even though they sanction faulty behaviour during negotiations through various mechanisms. The damages that can be sought vary. In Quebec and France, damages for losses and projected losses are awarded, although damages for projected losses are rarely awarded under International law. In conclusion, pre-contractual liability is emerging and developing as an entity even though court claims to this effect remain infrequent.

Keyphrases: Pre-contractualliability, Good faith, Breach ofnegotiations, Contract formation
La difficile réconciliation de la vérité et de l'équité dans la procédure pénale en matière d'agression sexuelle

In this master's thesis, we will ask whether the new rules of evidence in the Criminal Code have eliminated the phenomenon of victimization of complainants in sexual assault matters. We emit the hypothesis that the new rules of evidence have not eliminated the inequitable treatment of female plaintiffs in criminal trials and that this inequitable treatment is equally harmful to the search for the truth as well as to the respect of the victim's rights. First, we will state the constitutional rights of the plaintiff and of the accused party in matters of sexual crimes and the current rules of evidence specifically in regards to the reputation and the state of health of the two parties, the accused and the plaintiff, in sexual assault trials and in regards to their respective constitutional rights in such matters. In particular, we will examine the existence of a noticeable symmetry between the rules of evidence relative to the bad reputation of the accused and those concerning the sexual reputation and mental health of the victim, a symmetry which is nevertheless imperfect, inappropriate or biased because of the adversarial procedure and the constitutional debate which we will examine in second place. Thirdly, we will propose certain modifications be made to the rules of evidence and procedure in matters of sexual assault to encourage the discovery of the truth and the respect of the plaintiff’s constitutional rights.

Keyphrases: Criminal law, Evidence in criminal law, Sexual assault, Feminism, Truth, Equity
Droits de propriété intellectuelle et protection des plantes: approches, limites et perspectives

The intellectual property rights have showed increasing attention to the evolution of plant research in recent years. This has been reflected, at the international level through the adoption of several measures to ensure a fairly comprehensive protection of rights arising. These measures include the Convention of the Union for the protection of Plant breeder' Rights, which is part of a logic of protection through sui generis with the possibility of issue plant breeders' rights to breeders; the Agreement on Intellectual Property Rights Related to Trade, which, in addition to recommending an effective sui generis system gives the option of protection by patent or by the combination of the two systems of law to protect plant varieties; the Convention on Biological Diversity (CBD) and the Treaty on Plant Genetic Resources for Food and Agriculture, which supported both previous forms of protection, ask to be taken into account considerations on sovereign rights of nations over their plant resources, benefit sharing, and so on. At the regional level, there are the initiative of the Africa which aimed to ensure the protection of plants following a certain vision shared between alignment on existing international standards or the institution of another original legislation which reflects the realities and concerns of the continent. It then appears that there are several tools to handle the same reality, which can be a source of difficulty. These are difficulties are conceptual, socio-economic, environmental and legal. T0 overcome these difficulties, it is important that certain conditions are met to harmonise points of view between different actors involved in the issue and ensure a consistent ownership of the instruments adopted.

Keyphrases: Biotechnologies, Intellectual Property, Plant, Plant breeders' rights Certificate, Biotechnology, Genetic Resources, Patent, Sui generis System
Changements des politiques d’immigration et d’asile après les attentats du 11 septembre 2001 : rupture ou continuité ?

The purpose of this Master’s thesis is to explain the recent changes in immigration and asylum legislations. On one hand, the timing of the changes suggests a connection with the September 11, 2001 attacks. On the other hand, the literature tends to show that the said changes date back to the Cold War. We therefore tested two hypotheses, the first one being that legislative changes are the result of changes in migratory flows and the second one being that they derive from a ʺsecurity‐migration nexusʺ. First, we studied the literature on institutional change and immigration and asylum policies and on the migratory processes as a security issue. Then, we studied the content of immigration and asylum legislations in OECD member states. Two typologies were constructed in order to assess the impact of migratory flows on legislative changes. Lastly, a lexicometric analysis was undertaken in order to assess the weight of security issues in immigration and asylum legislations since 1989. We found that there is no correlation between legislative changes and migratory flows, but there is a link between those changes and the ʺsecuritymigration nexusʺ. The role played by the September 11 and other terrorist attacks was ascertained for the United States, the United Kingdom and the European Union. This thesis thus shows the change of purpose of immigration and asylum legislations; their purpose has shifted from ʺregulating international migrationsʺ to ʺensuring national securityʺ.

Keyphrases: Immigration, Conversion, Immigration, Asylum, Public policy, Conversion, Historical neoinstitutionalism
L'encadrement des fonds de couverture au Canada: une réflexion sur les principaux enjeux

In a context of economic instability, economic liberalism is being questioned particularly with respect to the importance of regulation for investor protection and efficiency of financial markets. Hedge funds, which are often associated with the consequences of a lack of regulation, represent perfect targets for those seeking to explain the major collapse of markets and who advocate increased interventionism of governments. To better understand the ins and outs of this industry, this study provides an overview of the fundamental characteristics of hedge funds, both in terms of their organizational structure and their regulatory framework. In this regard, it is important to gauge the key issues arising from the rules applicable to the administration of a fund, particularly in terms of transparency and internal governance. Those elements constitute the two comerstones of this analysis and our study will address the regulatory approach to foster, taking into account the specific characteristics of hedge funds. Moreover, the role of various intermediaries will be addressed in order to broaden our comprehension of the question being examined. The purpose of this study is not to provide a complete and definitive solution but to offer some ideas that may serve to further study of the issue, which study should consider the role of hedge funds and their place in financial markets.

Keyphrases: Transparency, Conflict of interest, Regulation, Exempt market, Self-regulation, Governance
Les sens des cris de personnes âgées vivant avec une démence en centre d’hébergement et de soins de longue durée

Eighty percent of people admitted in nursing homes live with dementia (Conseil des aînés, 2007). Many of these elderly persons scream. Research on this population does not provide a useful basis for understanding this behavior which would enable to guide the choice of appropriate interventions to help the elderly and the people who hear them. The purpose of this research was to describe –with the help of elderly persons, their family and their professional caregivers– the meanings of screams in the elderly with dementia and their influencing factors, using Leininger’s (2001) nursing perspective and Adams and Gardiner’s (2005) theory of communication and interaction within dementia care triads.  Critical ethnography was selected as the research design. Seven triads –composed of elderly persons with dementia that scream, primary family caregivers, and formal caregivers– were recruited from a nursing home according to a theoretical sampling procedure. Various data collection methods were used, particularly, the observation of elderly persons and their environment as well as semi-structured interviews with their family and formal caregivers. Spradley’s (1979) four types of ethnographic analysis: domains, taxonomic, componential and themes analysis were used.  The results lead to emergent themes on the meanings of screams and on their influencing factors. The meanings of screams can be related to the vulnerability, suffering, and loss of meaning experienced by the elderly. This behavior can also represent various final outcomes, for example, the expression of dissatisfaction or of emotions. These outcomes can be differentiated by modulation criteria such as predictability of screams or emotional facial expressions. Various aspects of the meanings of screams make them singular.   Some factors that influence the meanings of screams are the stability and flexibility of nursing care and the effect that the elderly who scream and the persons in the nursing home surrounding them have on each other. The screams of each person also prove to be a unique language that can be learned by family and formal caregivers which can in turn change the interpretation of the screams. Other influencing factors are the respect of the wishes, needs, and personality of the elderly person, fluctuations in power relations within the elderly-family-caregivers triads and feelings of powerlessness and guilt in family and formal caregivers.  Knowledge generated by this study increases our understanding on the meanings of screams in elderly persons with dementia. It has implications for research, education, clinical practice and management that could contribute to caring and culturally congruent care for elderly persons with dementia and the people around them.

Keyphrases: agitation, critical ethnography, dementia, elderly, family caregiver, long-term care, nurse, professional caregiver, screaming, triad
La route qui mène au crime : déterminants de la mobilité des infracteurs de Gatineau en 2006

This study focuses on the journey to crime of the offenders who have committed a crime in Gatineau in 2006. There are only a few recent Canadian studies on the subject. In addition there is a vacuum of knowledge on the journey to crime in smaller cities and suburbs. This research is designed to compare three different measures of distance, to check if the distance varies depending on the type of crime and see if the variables of time (day of week, time of day and season) as well as some characteristics of suspects (age, sex and place of residence) have an impact on the distance traveled. For each crime, the address of the suspect and the crime location were geocoded then, the distance between the two points was calculated. An analysis of the shapes curves pattern of the distances indicates that sexual assault is the only type of crime which possesses a buffer zone. The results of statistical analysis show that young people are more mobile than older suspects and that men travel a greater distance than women. Surprisingly, the distance does not differ significantly according to season and time of day. Finally, compared to the other criminal offenders, those who have committed a robbery traveled the greatest distances.

Keyphrases: Journey-to-crime, Euclidean distance, Distance Manhattan, Manhattan distance, Road Distance, Suburb, Environmental criminology, Geocriminology