bluuebunny/crossref_metadata_2025 huggingface dataset:
Racial/Ethnic Minority Older Adults’ Perspectives on Proposed Medicaid Reforms’ Effects on Dental Care Access
Authors: Northridge Mary E. , Estrada Ivette , Schrimshaw Eric W. , Greenblatt Ariel P. , Metcalf Sara S. , Kunzel Carol
Published: June 2017

To examine how proposed Medicaid reform plans are experienced by racial/ethnic minority older adults and what the implications are for their ability to access dental care through Medicaid, from 2013 to 2015 we conducted focus groups in northern Manhattan, New York, New York, among African American, Dominican, and Puerto Rican adults aged 50 years and older.

Participants reported problems with affording copayments for care, complicated health and social issues, the need for vision and dental care close to home, and confusion about and stigmatization with Medicaid coverage.

Federal, state, and local public health agencies can help by clarifying and simplifying Medicaid plans and sustaining benefits that older adults need to live healthy and dignified lives.
Dust Exposure and Coccidioidomycosis Prevention Among Solar Power Farm Construction Workers in California
Authors: Sondermeyer Cooksey Gail L. , Wilken Jason A. , McNary Jennifer , Gilliss Debra , Shusterman Dennis , Materna Barbara L. , Vugia Duc J.
Published: June 2017

Objectives. To investigate if work activities, dust exposure, and protection measures were associated with a 2011 to 2014 coccidioidomycosis outbreak among workers constructing 2 solar farms in California.

Methods. In 2013, we mailed self-administered questionnaires to employees who were onsite at the solar farms where the outbreak occurred to identify cases of clinical coccidioidomycosis and compare with asymptomatic workers by using multivariate logistic regression.

Results. When we compared 89 workers with clinical coccidioidomycosis to 325 asymptomatic workers, frequently being in a dust cloud or storm (odds ratio [OR] = 5.93; 95% confidence interval [CI] = 3.18, 11.06) significantly increased the odds of clinical coccidioidomycosis, whereas frequently wetting soil before soil-disturbing activity (OR = 0.42; 95% CI = 0.24, 0.75) was protective. When we controlled for being in a dust cloud or storm, frequent soil disturbance significantly increased the odds of clinical coccidioidomycosis only among those who reported wearing a respirator infrequently (OR = 2.31; 95% CI = 1.27, 4.21).

Conclusions. Utilization of personal and employer-driven safety practices and increased coccidioidomycosis awareness among construction workers should be considered during the planning of any construction work in coccidioidomycosis-endemic regions to prevent occupational infections and outbreaks.
Understanding and Improving Arterial Roads to Support Public Health and Transportation Goals
Authors: McAndrews Carolyn , Pollack Keshia M. , Berrigan David , Dannenberg Andrew L. , Christopher Ed J.
Published: June 2017

Arterials are types of roads designed to carry high volumes of motorized traffic. They are an integral part of transportation systems worldwide and exposure to them is ubiquitous, especially in urban areas. Arterials provide access to diverse commercial and cultural resources, which can positively influence community health by supporting social cohesion as well as economic and cultural opportunities. They can negatively influence health via safety issues, noise, air pollution, and lack of economic development. The aims of public health and transportation partially overlap; efforts to improve arterials can meet goals of both professions.

Two trends in arterial design show promise. First, transportation professionals increasingly define the performance of arterials via metrics accounting for pedestrians, cyclists, transit riders, and nearby residents in addition to motor vehicle users. Second, applying traffic engineering and design can generate safety, air quality, and livability benefits, but we need evidence to support these interventions.

We describe the importance of arterials (including exposures, health behaviors, effects on equity, and resulting health outcomes) and make the case for public health collaborations with the transportation sector.
Implementación de un robot móvil seguidor de línea y detector de obstáculos con comunicación Bluetooth
Authors: Calderón Hebert Alberto , Mejía Camilo , Cobo Luis
Published: June 2017

Este artículo presenta el proceso de desarrollo de un prototipo de robot móvil, que cuenta con comunicación Bluetooth y puede operar en dos modos, el primero como seguidor de línea, en el cual sigue una trayectoria definida por una línea negra dibujada sobre una superficie blanca. El segundo modo de operación, es como detector de obstáculos, en el cual se mueve hacia adelante tratando de evitar los obstáculos que se le presentan en el camino. El prototipo final que se obtuvo trabaja correctamente en los dos modos y sirve de plataforma de desarrollo de vehículos guiados automáticamente.
Measurement of Evapotranspiration in Turfgrass: A Comparison of Techniques
Authors: Peterson K. W. , Bremer D. J. , Shonkwiler K. B. , Ham J. M.
Published: June 2017

Core Ideas

Evapotranspiration from ASCEDM, ASCEDC was equivalent to lysimeters.

Net radiation from global irradiance is sufficient in daily‐step model in absence of measured net radiation.

ASCEDC improves irrigation scheduling in turfgrass when measured net radiation is not available.

Evapotranspiration (ET) from turfgrass can be measured directly using lysimeters (LYS), estimated from weather data using models, or approximated using atmometers. Evapotranspiration measurements from LYS were compared with ET estimates from the American Society of Civel Engineers standardized ET equation using hourly steps from measured net radiation (Rn) (ASCEHM) and Rn calculated from global irradiance (ASCEHC), and daily steps from measured net radiation (ASCEDM) and Rn calculated from global irradiance (ASCEDC), the Priestley–Taylor (PT) model, and atmometers, all collocated in a sward of tall fescue (Festuca arundinacea Schreb.) turfgrass near Manhattan, KS. Data were collected on precipitation free days during the growing seasons 2010 through 2012 and analyzed by periods with high ET, low ET, and pooled across all days. Overall mean ET (May–October) ranged from 5.58 (LYS) to 4.47 mm d−1 (ASCEHC). During days with high evaporative demand ET from daily‐step models (ASCEDM, ASCEDC) were equivalent to LYS, based on paired t tests. Similarity in ET among LYS, ASCEDM, and ASCEDC indicate using Rn calculated from global irradiance is sufficient in the daily‐step model in the absence of measured Rn. At high ET rates ET from ASCEHM and PT was 5 to 9% lower than LYS, but accuracy was significantly reduced (by 22%) with ASCEHC. Atmometer ET averaged 17% lower than LYS, but performance was better at low than high ET. Results indicate the ASCEDC could improve irrigation scheduling in turfgrass by providing accurate ET estimates from standard weather station data where measured Rn is not available.
Pretreatment of brewery effluent to cultivate Spirulina sp. for nutrients removal and biomass production
Authors: Lu Qian , Liu Hui , Liu Wen , Zhong Yuming , Ming Caibing , Qian Wei , Wang Qin , Liu Jianliang
Published: June 2017

Due to the low concentration of nitrate and high contents of organics, brewery effluent was not suitable for the cultivation of Spirulina sp. This work changed the nutrient profile of brewery effluent effectively by dilution, addition of nitrate, and anaerobic digestion. The result showed that the optimum dilution rate and NaNO3 addition for brewery effluent were 20% and 0.5 g/L, respectively. Spirulina sp. grown in pretreated brewery effluent produced 1.562 mg/L biomass and reduced concentrations of nutrients to reach the permissible dischargeable limits. In addition, Spirulina sp. grown in pretreated brewery effluent had much higher protein content and oil content. So the appropriate treatment converted brewery effluent into a nutrient balanced medium for algae cultivation and alleviated the potential environmental problems. Pretreatment procedure developed in this work is an effective way to realize the sustainable utilization of brewery effluent and produce algal biomass with valuable nutrients.
RACHUNKI I LICZBY STAROŻYTNYCH GREKÓW I RZYMIAN
Authors: Gawrysiak Piotr
Published: June 2017

Ancient Greek and Roman Numerical Notation and Counting AidsSummary The abilities to count and write down numbers are usually regarded as trivial, while in fact these skills are early technologies that significantly influenced the development of science, trade, culture and law. The lack of understanding of the way in which numerical information was conveyed among people and the ways in which daily computations - such as taxes, livestock accounts, prices etc. - were carried out, might lead to improper reasoning about the culture itself. It is, therefore, useful to know the basics of „daily” mathematics used by Greeks and Romans while studying – for example - Roman law.In this paper some basic information regarding the numerical notation used in ancient Greece and Rome is presented. This includes Roman numerals with examples of mathematical operations performed with their aid and two Greek numerical systems, namely herodianic and attic. Early aids to computation are also discussed, including finger reckoning and the abacus.
EKONOMICZNA ANALIZA ODPOWIEDZIALNOŚCI AKWILIAŃSKIEJ - PARADOKS CZY NOWA MOŻLIWOŚĆ ANALIZY ANTYCZNEJ REGULACJI PRAWNEJ
Authors: Święcicka Paulina
Published: June 2017

Economic Analysis of Responsibility ex lege Aquilia - an Analytic Paradox or a New Possibility of Analysis of the Ancient LawSummaryDuring the last 200 years, economists have made important contributions to the analysis of many areas of law. Nevertheless, it is only during the last 25 years when the economists and legal scholars – have turned their attention in a systematic way to the analysis of torts, contracts, and criminal law. In spite of the youth of the sub-discipline that examines these branches, it has quickly become a discipline of great significance in the U. S. and, to a lesser extentin, Europe.We can also say, that the economic analysis of the tort liability is one of the most important achievements of law and economics. The main economic insight is that exposure to tort liability may induce potential victims and injurers to take actions before an accident occurs, which will minimize the social costs of accidents (where these social costs include the precautionary costs of victims and injurers, the accident losses suffered by both parties and the administrative costs of determining liability).In early times a person was held liable for wrongdoing if he acted without right (iniuria), and only if the death or the injury was the result of a direct contact between the body of the wrongdoer and the thing. After this period, in classical times, after an extensive interpretation of the text of the above mentioned lex, the wrongdoer had also be willful, negligent and reasonably foreseeable, i.e. his acting had to include dolus or culpa (neglegentia) . It is also obvious that the modern civil law constantly revolves around the terminology and constructions formed in the Roman law or on the grounds of the Roman law.One of aims of this paper is to show the similarities and the influences of Roman law on the modern legal systems in the sphere of civil liability founded on a principle o f fault- culpa. Another one is to elucidate possible factors which may lay under the development of this ancient concepts and also to attempt to establish a framework for examination of Roman legal rules through the intellectual apparatus provided by the modern Law & Economics.
RZYMSKI ZAKAZ NADUŻYCIA PRAW PODMIOTOWYCH W ŚWIETLE NOWEJ JURYSPRUDENCJI POJĘCIOWEJ
Authors: Giaro Tomasz
Published: June 2017

RZYMSKI ZAKAZ NADUŻYCIA PRAW PODMIOTOWYCH W ŚWIETLE NOWEJ JURYSPRUDENCJI POJĘCIOWEJ
Sprawozdanie z konferencji Kodeks Spółek Handlowych po 5 latach Wrocław 25-26 września 2005 roku
Authors: Gawrysiak-Zabłocka Aleksandra
Published: June 2017

Sprawozdanie z konferencji Kodeks Spółek Handlowych po 5 latach Wrocław 25-26 września 2005 roku
DOPUSZCZALNOŚĆ ROSZCZEŃ UZUPEŁNIAJĄCYCH SKIEROWANYCH PRZECIWKO POSIADACZOM SŁUŻEBNOŚCI
Authors: Jędrejek Grzegorz
Published: June 2017

Admissibility of Complementary Claims of the Possessor of ServitudeSummaryAccording to art. 352 § 2 of the Civil Code the provisions of possessing an object apply correspondingly to possessing a servitude, including the provisions of so called complementary claims. In the author’s opinion, the owner is entitled to pursue complementary claims against the holder of the servitude only if deprived o f the control o f an object. The court should examine whether the owner was deprived of the object separately in every case. in the author’s view, the owner cannot pursue these claims in other instances of the disturbance of the right of the ownership. The jurisdiction and doctrine are consistent with regard to the criteria of establishing the owner’s remuneration for the object’s usage in case of the deprivation of the control thereof. Its amount should equal to that due from the object’s possessor having a legal title thereto.
SZANSE ARBITRAŻU W ROZWIĄZYWANIU SPORÓW NA TLE DOMEN INTERNETOWYCH
Authors: Brancus-Cieślak Lavinia
Published: June 2017

The Chances of the Arbitration in the Solutions of Disputes Regarding Internet Domain NamesSummaryThe paper deals with the Polish alternative dispute resolution (ADR) for internet domain names, which was introduced in January 2003 together with the establishment of a special Court of Arbitration. The Court acts within the Polish Chamber of Informatics, Technology and Telecommunication and it is based on a procedure drawn upon the well known UDRP (Uniform Domain Name Dispute Resolution Policy). The latter is actually applied by the main international organizations, e. g. such as Worldwide Intellectual Property Organisation.The analysis focuses on the main procedural issues, such as type of conflicts that can be an object of the court examination, claims to be raised by the plaintiff, legal validity of the verdicts. Similarly to UDRP, the Polish proceedings provide only to the domain name’s cancellation or its transfer for the benefit of the entitled person. The decision rendered by the Court acquires its full juridical force only after the ascertainment of its enforceability by an ordinary civil court. This means, that theoretically each proceedings concluded with a decision of the Court of Arbitration, should be followed by a compulsory formal examination in front of an ordinary court. Due to this, the Polish ADR seems to bring more juridical safety than the above-mentioned UDRP, yet the proceedings might be in practice protracted. In addition, such „enforced” decision would possess validity in law, in respect of the establishment of all facts, which could be further used as a ground to potential claims for damages or unjustified enrichment.
Prezentacja książki Deutsches Sachenrecht in polnischer Gerichtspraxis , red. W. Dajczak i H.-G. Knothe, w Konsulacie Generalnym RP w Hamburgu
Authors: Kremer Andrzej
Published: June 2017

Prezentacja książki Deutsches Sachenrecht in polnischer Gerichtspraxis , red. W. Dajczak i H.-G. Knothe, w Konsulacie Generalnym RP w Hamburgu
Pharmaceutical and Endocrine Disruptor Compounds in Surface and Wastewater in San Marcos, Texas
Authors: Oates R. P. , Longley Glenn , Hamlett Pamela , Klein David
Published: June 2017

Water resource recovery facilities (WRRFs) and hospitals are major point sources of pharmaceuticals and endocrine disrupting compounds (EDCs) in aquatic environments. This study investigated the removal efficiencies of 23 known or suspected EDCs through the San Marcos WRRF to determine which treatment process was the most effective at removal. Results from samples collected at the hospital indicate that the hospital discharge is contributing to the concentration of these compounds in the San Marcos wastewater collection system (0.05–140 μg/L concentrations). The most frequently detected compounds in the WRRF influent included acetaminophen, nonylphenol, caffeine, benzophenone, N,N‐diethyl‐m‐toluamide (DEET), bisphenol A (BPA), and triclosan. Comparison of influent and effluent concentrations showed that the San Marcos WRRF is effectively removing (>92%) of these compounds, with the exception of carbamazepine and tris(2‐chloroethyl) phosphate (TCEP). These preliminary results will be used to guide future improvements within the WRRF.
BCGSEU: TURNING A PAGE IN CANADIAN HUMAN RIGHTS LAW
Authors: Pothier Dianne
Published: June 2017

BCGSEU: TURNING A PAGE IN CANADIAN HUMAN RIGHTS LAW
JUDGING THE JUDGES: CANADA’S NEWEST SUPREME COURT JUDGE: HON. MICHEL BASTARACHE
Authors: MacLauchlan Wade
Published: June 2017

JUDGING THE JUDGES CANADA’S NEWEST SUPREME COURT JUDGE: HON. MICHEL BASTARACHE
Federalism Still Matters: The Securities Reference Case
Authors: Yahya Moin A.
Published: June 2017

In Canada, the financial industry rests upon “four pillars.” These are the securities, insurance, trust, and banking sectors. The first three have been, historically, regulated at the provincial level under the rubric of “property and civil rights,” while the fourth has been federally regulated under section 91(15) of the Constitution Act, 1867. As early as 1935, however, a Royal Commission recommended the establishment of a federal securities agency tasked with overseeing federally incorporated companies. Nothing came of that. In the 1960s and until last year, numerous other studies came up with proposals regarding the establishment of a federal securities regulator. Some proposed a federal regular coexisting with provincial counterparts, while others proposed one single federal regulator. How to get the provinces on board varied depending on the study that was conducted.
THE ISRAELI CONSTITUTIONAL REVOLUTION: THE CANADIAN IMPACT IN THE MIDST OF A FORMATIVE PERIOD
Authors: Segel Zeev
Published: June 2017

THE ISRAELI CONSTITUTIONAL REVOLUTION: THE CANADIAN IMPACT IN THE MIDST OF A FORMATIVE PERIOD
OLDMAN AND ENVIRONMENTAL IMPACT ASSESSMENT: AN INVITATION FOR COOPERATIVE FEDERALISM
Authors: Kennett Steven A
Published: June 2017

OLDMAN AND ENVIRONMENTAL IMPACT ASSESSMENT: AN INVITATION FOR COOPERATIVE FEDERALISM
R. V. SHARPE AND THE DEFENCE OF ARTISTIC MERIT
Authors: Ross June
Published: June 2017

The impact of judicial decisions is sometimes most significant and most controversial in relation to matters that were not at the forefront in the legal proceedings. The decision in R. v. Sharpe1 may be such a case. In this decision, the Supreme Court of Canada upheld, with minor qualifications, the offence of private possession of child pornography under section 163.1 of the Criminal Code.2 The case was argued and resolved largely as an issue of privacy — could the prohibition on child pornography extend to private possession, while remaining within constitutional limits?
A CONSTITUTIONAL REVOLUTION: ISRAEL'S BASIC LAWS
Authors: Barak Justice Aharon
Published: June 2017

A CONSTITUTIONAL REVOLUTION: ISRAEL'S BASIC LAWS
CANADA'S PROSPECTS STRESS AND COPING WITH QUEBEC’S IMPENDING REFERENDUM: A REPATRIATION ACT
Authors: McDonough Lawrence , Thomas Timothy
Published: June 2017

CANADA'S PROSPECTS STRESS AND COPING WITH QUEBEC’S IMPENDING REFERENDUM: A REPATRIATION ACT
SURPRISING AND DISTURBING? THE SASKATCHEWAN BOUNDARIES DECISION
Authors: Roach Kent
Published: June 2017

SURPRISING AND DISTURBING? THE SASKATCHEWAN BOUNDARIES DECISION
THE AFFAIR OF THE CHAIRS
Authors: Smith David E.
Published: June 2017

Early in November 2002, a political tremour shook Parliament Hill — fifty-six Liberal MPs voted against the will of their leader and with the opposition parties in the House of Commons. At issue was a Canadian Alliance motion to change House rules to allow chairs of committees to be elected by secret ballot. Purple prose and fervid speculation followed: Had the unthinkable happened and the Prime Minister “lost control of his caucus”? What did the future hold now that his caucus had “tasted blood”? How much of a personal humiliation was the vote for Jean Chrétien, and was it enough of one to cut short his interminable long goodbye? Or, was it evidence that the official opposition had coalesced sufficiently after its own leadership turmoil to carry through a successful divide and conquer mission? Could more of the same strategy be expected?
JUDICIAL REVIEW IN THE NEW HONG KONG: PROPHECIES AND PORTENTS
Authors: Bauman Richard
Published: June 2017

JUDICIAL REVIEW IN THE NEW HONG KONG: PROPHECIES AND PORTENTS
Purposive Interpretation, Quebec, and the Supreme Court Act
Authors: Plaxton Michael , Mathen Carissima
Published: June 2017

In this brief paper, we examine the interpretive problem raised by Justice Nadon’s appointment. Because Binnie’s interpretation of sections 5 and 6 is one of the only discussions of this issue, and is likely to infl uence any subsequent legal analysis, we take his opinion as a starting point.
THE SEARCH FOR REASONABLE LIMITS: IS OAKES RETIRED?
Authors: Black William
Published: June 2017

THE SEARCH FOR REASONABLE LIMITS: IS OAKES RETIRED? (Mandatory Retirement Cases)
REFLECTIONS ON THE 1995 QUÉBEC REFERENDUM: PROBLEMS AND POSSIBILITIES
Authors: Tupper Allan
Published: June 2017

REFLECTIONS ON THE 1995 QUÉBEC REFERENDUM: PROBLEMS AND POSSIBILITIES
REFORMING OUR POLITICAL DISCOURSE: THE NATIONAL INTEREST IN A TRANSNATIONAL WORLD
Authors: Lenihan Donald , Kymlicka Will
Published: June 2017

REFORMING OUR POLITICAL DISCOURSE: THE NATIONAL INTEREST IN A TRANSNATIONAL WORLD
BLACK V. CHRÉTIEN AND THE CONTROL OF THE ROYAL PREROGATIVE
Authors: Cox Noel
Published: June 2017

Conrad Black, a prominent publisher and businessman in both Canada and the United Kingdom, submitted his name for one of the peerages to be created for the new-model House of Lords following the House of Lords Act 1999.1 The rights and duties of peers depend entirely upon custom.2 The principal legal distinction of British peers is — or was — their right to sit and vote in Parliament.3 Not all peers however were Lords of Parliament (principally the Irish peers not also possessing another peerage entitling them to a seat), and some Lords of Parliament, the bishops, are not peers.4 Essentially, Black was seeking, and had been promised, a seat in the upper house of the British Parliament.
THE WITHERING OF THE STATE?
Authors: Lalonde Marc
Published: June 2017

THE WITHERING OF THE STATE?
FIRST NATIONS AND ABORIGINAL RIGHTS
Authors: Bear Robe Andrew
Published: June 2017

FIRST NATIONS AND ABORIGINAL RIGHTS
THE BURDEN OF PROOF, THE CHARTER, AND A HIERARCHY OF LEGAL NORMS
Authors: Carr-Rollitt Paul
Published: June 2017

THE BURDEN OF PROOF, THE CHARTER, AND A HIERARCHY OF LEGAL NORMS
A COURT IN NEED AND A FRIEND INDEED: AN ANALYSIS OF THE ARGUMENTS OF THE AMICUS CURIAE IN THE QUEBEC SECESSION REFERENCE
Authors: Ryder Bruce
Published: June 2017

A COURT IN NEED AND A FRIEND INDEED: AN ANALYSIS OF THE ARGUMENTS OF THE AMICUS CURIAE IN THE QUEBEC SECESSION REFERENCE
Nonpartisanship of Agents of Parliament: Bill C-520’s Redundant and Likely Unconstitutional Approach
Authors: Yalkin Tolga R. , Baud Patrick F.
Published: June 2017

Bill C-520 was introduced to ensure the non-partisanship of agents of Parliament and their staff. Partisan activities, however, are already regulated by the Public Service Employment Act and the Values and Ethics Code for the Public Sector. The bill would require public servants to disclose partisan history even though such history cannot be taken into account in hiring or retention; to disclose any intentions to engage in partisan activities even though such activities are already prohibited if they would impair one’s real or apparent impartiality; and to solemnly affirm a narrow version of the Values and Ethics Code for the Public Sector they already sign when accepting employment. Furthermore, Bill C-520 runs roughshod over employees’ Charter rights and freedoms by attempting to compel expression and seemingly encouraging discrimination in hiring. The bill discourages political association, without adequate regard to the constitutional requirements set out by the SCC in Osborne that individual circumstances be taken into account when restricting public servant’s political freedoms. In sum, significant portions of the bill are duplicative of existing regulation, introduce ambiguity into the regime for the regulation of public servants, and are of dubious constitutionality.
THE CANADIAN CHARTER AS A MODEL FOR ISRAEL'S BASIC LAWS
Authors: Weinrib Lorraine
Published: June 2017

THE CANADIAN CHARTER AS A MODEL FOR ISRAEL'S BASIC LAWS
FEARFUL SYMMETRY: CONSTITUTIONAL UNIFORMITY AND THE FEDERAL AMENDMENT PROPOSALS
Authors: Gibson Dale
Published: June 2017

FEARFUL SYMMETRY: CONSTITUTIONAL UNIFORMITY AND THE FEDERAL AMENDMENT PROPOSALS
CULTURES, LANGUAGES, NATIONS: CONCEPTIONS AND MISCONCEPTIONS*
Authors: McRoberts Kenneth
Published: June 2017

It has become a commonplace that the nation- state is dead — or at least is in mortal danger. Its capacity as a state has been severely eroded by the forces of globalization and regional integration: supra-national organizations and global corporations have assumed powers and prerogatives which, within the nation-state ideal, belong to the state. But the nation-state has lost more than its state; it has also lost its nation – in part because of these very external forces. Whereas the nation- state ideal presumed that a single national language would prevail throughout its territory, languages with deep historical roots have reappeared within the same state. In some cases, this has involved the revival of long dormant languages — as in Wales or Scotland — but in other cases it has meant the return to public space of languages that had been excluded, indeed banned, as was Catalan under the Franco regime. In some settings immigration has served to break the national language’s monopoly by reinforcing other languages, as in the United States, where Spanish has gone from being a marginal, and essentially private language, to a major one that is increasingly intruding into the public realm despite the erstwhile efforts of some English-only advocates to keep it out.
Administrative Law, Judicial Deference, and the Charter
Authors: Lewans Matthew
Published: June 2017

The doctrine of judicial deference has been a touchstone in Canadian administrative law for thirty-five years. Put simply, the doctrine recognizes that administrative officials have legitimate authority to interpret the law, which means that judicial review is warranted only if an administrative decision is demonstrably unfair or unreasonable. While the tide of deference has ebbed and flowed over this period, most administrative decisions these days are assessed according to a standard of reasonableness instead of correctness.
BEYOND ANDREWS: SUBSTANTIVE EQUALITY AND POSITIVE OBLIGATIONS AFTER ELDRIDGE AND VRIEND
Authors: Porter Bruce
Published: June 2017

BEYOND ANDREWS: SUBSTANTIVE EQUALITY AND POSITIVE OBLIGATIONS AFTER ELDRIDGE AND VRIEND
INDETERMINATE CUSTODY AFTER SWAIN
Authors: James Patricia
Published: June 2017

INDETERMINATE CUSTODY AFTER SWAIN
LIBERALISM, NATIONALISM, PLURALISM: POLITICAL REPRESENTATION AND NATION-BUILDING IN CANADA BEFORE AND AFTER THE QUEBEC REFERENDUM
Authors: Cardinal Linda , Couture Claude
Published: June 2017

LIBERALISM, NATIONALISM, PLURALISM: POLITICAL REPRESENTATION AND NATION-BUILDING IN CANADA BEFORE AND AFTER THE QUEBEC REFERENDUM
L’exil intérieur des Québécois dans le Canada de la Charte
Authors: Laforest Guy
Published: June 2017

Je vais commencer cet article par une note personnelle. Il y a vingt-cinq ans, au temps de l’entrée en vigueur de la Charte canadienne des droits et libertés1, je vivais à Montréal et j’étudiais à l’Université McGill. Parmi mes professeurs, il y avait deux grands intellectuels qui étaient aussi deux grands idéalistes, Charles Taylor et James Tully2. J’ai beaucoup appris d’eux et avec le temps, ils sont devenus des amis. J’avais d’autres profes- seurs qui m’ont influencé, peut-être moins directe- ment, mais tout aussi durablement, notamment les Blema Steinberg, Daniel Latouche, James Mal- lory et Harold Waller. Leur approche était teintée de réalisme, et elle contrebalançait à merveille celle que je trouvais chez Taylor et Tully. En phi- losophie, l’approche réaliste est celle du libéral- isme sans illusions que l’on trouve chez les Judith Shklar, Raymond Aron, Isaiah Berlin et Karl Pop- per, selon laquelle en politique, il faut d’abord et avant tout éviter le pire. Il faut entendre par là la cruauté, l’effroi, la terreur, la violence, tout ce qui peut broyer la personne humaine, l’atteindre dans sa dignité et dans son intimité. A ce titre je part- age le jugement d’Irvin Studin qui écrivait récem- ment que le Canada est un formidable succès à l’échelle de l’humanité, l’un des pays parmi les plus « pacifiques, justes et civilisés »3. Un pays où, pour ajouter ma propre voix, les forts comme les faibles peuvent dormir tranquilles dans un milieu social humain, décent, confortable, sans crain- dre le pire. Tout cela compte pour beaucoup dans l’histoire de l’humanité.
R. V. SEABOYER: PORNOGRAPHIC IMAGINATION AND THE SPRINGS OF RELEVANCE
Authors: Acorn Annalise
Published: June 2017

R. V. SEABOYER: PORNOGRAPHIC IMAGINATION AND THE SPRINGS OF RELEVANCE
APPLYING THE CHARTER: WHAT IS GOVERNMENT?
Authors: Swinton Katherine
Published: June 2017

APPLYING THE CHARTER: WHAT IS GOVERNMENT? (Mandatory Retirement Cases)
ABORIGINAL RIGHTS AND DELGAMUUKW V. THE QUEEN
Authors: Ryder Bruce
Published: June 2017

ABORIGINAL RIGHTS AND DELGAMUUKW V. THE QUEEN
Status Quo Unacceptable; Senate Reform Possible; Abolition by Stealth Anti-Democratic
Authors: Trimble Linda
Published: June 2017

I will begin by challenging the federal government’s assertion that the Supreme Court decisioneffectively makes meaningful Senate reform impossible. Then, I will discuss the move towardsabolition and explain why I think it’s both reckless and anti-democratic. Finally, I’ll conclude bymaking a pitch for a truly deliberative process — a national conversation on the future of the Senate in the form of a citizen’s assembly.
NOVEL CONCEPTS: A COMMENT ON EGAN AND NESBIT V. THE QUEEN
Authors: Stychin Carl
Published: June 2017

NOVEL CONCEPTS: A COMMENT ON EGAN AND NESBIT V. THE QUEEN
Les droits linguistiques et la Charte : vingt-cinq années de progression vers l’égalité? Une perspective de l’Ouest canadien
Authors: Doucet Michel
Published: June 2017

Lors de la Confédération en 1867 certains droits linguistiques seront constitutionnalisés. L’article 133 de la Loi constitutionnelle de 1867 prévoit un bilinguisme en matière législative et judiciaire, mais seulement en ce qui concerne la province de Québec et le Parlement fédéral1. La seule autre province qui ait à l’origine béné- ficié de garanties constitutionnelles en matière de droits linguistiques est le Manitoba, aux termes de l’article 23 de la Loi de 1870 sur le Manitoba2.
L’activisme judiciaire, le prix de la transaction démocratique en Espagne
Authors: Ninet Antoni Abat
Published: June 2017

Cet article propose d’aborder un sujet dont tout le monde parle en  Espagne; un vrai débat public. Baltasar Garzón a-t-il dépassé ses fonctions de magistrat en acceptant d’enquêter sur plusieurs cas d’actions criminelles contre les responsables politiques et militaires du régime de Franco? Le Juge s’est-il immiscé dans la sphère politique, ou a-t-il simplement exercé les fonctions du bureau judiciaire? Baltasar Garzón est un juge bien connu en Espagne puisqu’il a traité certaines des affaires criminelles les plus importantes du pays, impliquant dans ses accusations des personnes publiques, longtemps avant l’accusation de renommée mondiale contre Pinochet, Videla et d’autres dictateurs sud-américains.Le cas espagnol, comparé avec d’autres transitions démocratiques (en Pologne et en Hongrie), se concentre sur le rôle de l’activisme juridique. La question analysée ici est celle de savoir si Baltasar Garzón a fait de l’activisme judiciaire dans une disposition judiciaire concrète, Arrêt d’accusation (Auto) du 16 octobre 2008 (PA : 399/2006 V). Comme nous le démontrerons, nous avons choisi cette décision concrète en raison de son énorme transcendance en termes politiques en Espagne.
IMPOVERISHMENT OF THE LAW BY THE LAW: A CRITIQUE OF THE ATTORNEY GENERAL’S VISION OF THE RULE OF LAW AND THE FEDERAL PRINCIPLE
Authors: Leclair Jean
Published: June 2017

IMPOVERISHMENT OF THE LAW BY THE LAW: A CRITIQUE OF THE ATTORNEY GENERAL’S VISION OF THE RULE OF LAW AND THE FEDERAL PRINCIPLE
THE AUSTRALIAN REPUBLICAN MOVEMENT AND ITS IMPLICATIONS FOR CANADA
Authors: Whyte John D
Published: June 2017

THE AUSTRALIAN REPUBLICAN MOVEMENT AND ITS IMPLICATIONS FOR CANADA
The Fixed-Date Election Law: Constitutional Convention or Conventional Politics?
Authors: Hawkins Robert E.
Published: June 2017

On September 17, 2009, Justice Michel Shore of the Federal Court of Canada refused a request from Duff Conacher and Democracy Watch, applicants, to declare "that a constitutional convention exists that prohibits a Prime Minister from advising the Governor General to dissolve Parliament except in accordance with Section 56.1 of the Canada Elections Act."1 That section, known as the "fixed-date election law," received Royal Assent on May 3, 2007. The court application was triggered by Prime Minister Harper’s September 7, 2008 request to Governor General Michaëlle Jean asking her to dissolve Parliament and call a "snap" election. The resulting election, held on October 14, 2008, returned another Conservative minority government, albeit a stronger one.
Droits scolaires collectifs en concurrence ou en complémentarité : Langue et religion dans le droit constitutionnel de gestion des écoles de langue française au Canada
Authors: Foucher Pierre
Published: June 2017

L’aménagement harmonieux de droits con- stitutionnels collectifs destinés à une commu- nauté minoritaire ne se fait jamais sans de diffi- ciles questions de coexistence et d’aménagement de structures institutionnelles aptes à réaliser le plus fidèlement possible la mise en œuvre de ces droits. Dans ce domaine, les tribunaux ont ten- dance à être réactifs plutôt que pro-actifs, vérifi- ant la conformité des mesures prises avec l’objet des droits reconnus. En l’occurrence, la question qui agite les milieux francophones de l’Alberta quant à l’orientation et à la gestion de ses écoles, n’est pas particulièrement nouvelle ni unique au Canada, même si elle peut le paraître à ceux et celles qui la vivent comme inextricable. Le droit peut offrir des pistes de solution. Dans ce texte, nous entendons explorer d’abord l’étendue— pour ce que nous en savons—des droits confes- sionnels en matière d’instruction en Alberta, puis nous examinons leur interaction avec les droits nouveaux que reconnaît l’article 23 de la Charte canadienne des droits et libertés1. Il n’est pas question ici de porter un jugement quelconque sur la validité constitutionnelle du modèle mis en place en Alberta en 2002 pour assurer la gestion des écoles de la minorité fran- cophone, composée en majorité, semble-t-il, de personnes de confession catholique qui enten- dent veiller au respect intégral de leurs droits constitutionnels.
LIVING IN A MATERIAL WORLD: PROPERTY RIGHTS IN THE CHARTER
Authors: Bauman Richard
Published: June 2017

LIVING IN A MATERIAL WORLD: PROPERTY RIGHTS IN THE CHARTER
ABORTION INJUNCTION VACATED: DAIGLE V. TREMBLAY
Authors: McLellan A. Anne
Published: June 2017

ABORTION INJUNCTION VACATED: DAIGLE V. TREMBLAY
CANADA AS A SOCIAL EXPERIMENT
Authors: Bernard Paul
Published: June 2017

CANADA AS A SOCIAL EXPERIMENT
Semi- Presidentialism à la française: the Recent Constitutional Evolution of the “Two-Headed” Executive
Authors: Marrani David
Published: June 2017

Semi-Presidentialism à la française: the Recent Constitutional Evolution of the “Two-Headed” Executive
AMENDING THE CANADIAN CONSTITUTION
Authors: Beatty David
Published: June 2017

AMENDING THE CANADIAN CONSTITUTION
REFORMING THE AMENDING FORMULA: THE CASE FOR A CONSTITUTIONAL CONVENTION
Authors: Wells Clyde
Published: June 2017

REFORMING THE AMENDING FORMULA: THE CASE FOR A CONSTITUTIONAL CONVENTION
TERMINAL CARE, TERMINAL JUSTICE: THE SUPREME COURT OF CANADA AND SUE RODRIGUEZ
Authors: Mykitiuk Roxanne , Paltiel Jeremy
Published: June 2017

TERMINAL CARE, TERMINAL JUSTICE: THE SUPREME COURT OF CANADA AND SUE RODRIGUEZ
Canada’s Native Languages: The Right of First Nations to Educate Their Children in Their Own Languages
Authors: Leitch David
Published: June 2017

Canada used to consider itself not only a bilingual, but also a bicultural country.1 Biculturalism was based on the idea that Canada had two founding cultures, the French-language culture dominant in Quebec and the English-language culture dominant everywhere else, with French and English minorities scattered across the country. This view of Canada obviously failed to recognize both the Aboriginal cultures that existed prior to European contact and the cultures of those immigrants who came to Canada with no knowledge of French or English or with knowledge of those languages but otherwise distinguishable culture.
R. V. HEYWOOD: OVERBREADTH IN THE LAW OR IN THE JUDGMENT?
Authors: Ross June
Published: June 2017

R. V. HEYWOOD: OVERBREADTH IN THE LAW OR IN THE JUDGMENT?
Symposium Summary: The State of Canada's Constitutional Democracy
Authors: Milne Cheryl , Greiss John , Boswell Deborah
Published: June 2017

Dramatic changes have taken place in recent years at the national level with respect to the day to day functioning of our constitutional democracy. These changes impinge on the separation of powers, the rule of law and the supremacy of the constitution. The David Asper Centre for Constitutional Rights at the University of Toronto partnered with the Centre for Constitutional Studies at the University of Alberta to organize a two day symposium in February 2016, at the Faculty of Law, University of Toronto, designed to bring together a diverse group of academic experts and individuals with experience in public service at high levels, as well as academics with personal experience in governance, to discuss these changes.
THE STATUS AND RIGHTS OF THE JAMES BAY CREES IN THE CONTEXT OF QUÉBEC SECESSION FROM CANADA
Authors: Coon Come Grand Chief Matthew
Published: June 2017

THE STATUS AND RIGHTS OF THE JAMES BAY CREES IN THE CONTEXT OF QUÉBEC SECESSION FROM CANADA
R.D.S. V. HER MAJESTY THE QUEEN: A CASE ABOUT HOME
Authors: Razack Sherene
Published: June 2017

R.D.S. V. HER MAJESTY THE QUEEN: A CASE ABOUT HOME
A REVIEW OF THE TAYLOR CASE: USING HUMAN RIGHTS LEGISLATION TO CURB RACIST SPEECH
Authors: Schneiderman David
Published: June 2017

A REVIEW OF THE TAYLOR CASE: USING HUMAN RIGHTS LEGISLATION TO CURB RACIST SPEECH
SAME-SEX MARRIAGE AND THE SAME OLD CONSTITUTION*
Authors: Murphy Ronalda
Published: June 2017

The Reference re Same-Sex Marriage1 is not a major opinion on the rights of same-sex couples in Canada, but it is nonetheless an important and fascinating case. There are only a few lines that are about the “rights” of same-sex couples. Did the Supreme Court of Canada “duck” the issue? Was the Court carefully gauging how much or little political capital it had and making a political decision to say as little as possible on this topic? The Court certainly displayed strategic brilliance, but it did not do so in the name of avoiding the “political” hot topic of same-sex marriage. It is factually difficult to maintain the view that the Supreme Court of Canada is loath to enter into this political debate. It has been the lead social institution in Canada in terms of responding to the claims of gays and lesbians to equality in law,2 and it has never been shy of dealing with topics simply because they involve controversial political issues.3 Rather, the Court’s brilliance lies in its minimalist and almost weary tone. This approach had the effect of taking the wind out of the sails of those opposed to same-sex marriage: the same-sex advocates definitely win the constitutional race, but they do so because according to the Supreme Court, there is no provincial constitutional headwind that can stop them. In short, provinces can complain all they want about the federal position in favour of same-sex marriage, but the wedding will go on despite and over their objections to the ceremony.
NAFTA AND THE FUTURE OF ENVIRONMENTAL REGULATION
Authors: Perkins Patricia
Published: June 2017

NAFTA AND THE FUTURE OF ENVIRONMENTAL REGULATION
THE CANADA CLAUSE THAT WAS: HOW COURTS USE INTERPRETIVE CLAUSES
Authors: Chotalia Shirish
Published: June 2017

THE CANADA CLAUSE THAT WAS: HOW COURTS USE INTERPRETIVE CLAUSES
POGG as a Basis for Federal Jurisdiction over Public Health Surveillance
Authors: Muscati Sina A.
Published: June 2017

In the aftermath of Severe Acute Respirato- ry Syndrome (SARS) and with concern growing about avian flu, mad cow, and other emerging diseases, public health surveillance has become a matter of importance to Canadians. Such sur- veillance is a key component of the fight against these diseases; it involves the systematic collec- tion, analysis, interpretation, and dissemination of data about health-related events for use in public health responses. Indeed, new technolo- gies enable “data mining” at an unprecedented scale, both in the amount and type of informa- tion that can be collected, and in the extent to which that information can be used to identify public health concerns. All this has made the concept of “anonymous” information less and less realistic.
Acknowledgments
Authors: Leeson Howard
Published: June 2017

-
ABORIGINAL SELF-DETERMINATION WITHIN CANADA: RECENT DEVELOPMENTS IN INTERNATIONAL HUMAN RIGHTS LAW
Authors: Orkin Andrew , Birembaum Joanna
Published: June 2017

ABORIGINAL SELF-DETERMINATION WITHIN CANADA: RECENT DEVELOPMENTS IN INTERNATIONAL HUMAN RIGHTS LAW
Section 273.65 of the National Defence Act: Inappropriate and Unconstitutional
Authors: Carabash Michael P.A.
Published: June 2017

After six short weeks of debate, Bill C-36, The Anti-terrorism Act,1 passed into law on 28 November 2001. Bill C-36 was Parliament’s formal legislative response to the terrorist attacks upon the U.S. on September 11. Among other things, Bill C-36 amended the National Defence Act2 to grant the Minister of National Defence, in place of a judge, the power to authorize the Communications Security Establishment (CSE) to intercept private communications for the purpose of obtaining foreign intelligence under section 273.65. The CSE’s mandate includes acquiring and providing foreign signals intelligence.3 In this article, I argue that this amendment to the National Defence Act abolished an essential safeguard to arbitrary state actions and likely violates section 8 of the Canadian Charter of Rights and Freedoms.4 The eventual removal of section 273.65 from the National Defence Act would uphold the long-standing, appropriate, and constitutional doctrine that the power to authorize agents of the state to intercept private communications rests solely with the judiciary.
Failing Students by Taking a Pass on the Charter in Pridgen v University of Calgary
Authors: Feasby Colin
Published: June 2017

What is the appropriate approach when a judge is presented with a Charter issue? Should a judge simply decide the issue based on the arguments presented by the parties? Or should a judge seek out alternative and more limited reasons for deciding the Charter issue or even reasons to avoid deciding the Charter issue altogether? There is little guidance in Canadian academic literature on these questions. This article raises these questions in the context of a concrete example—Pridgen v University of Calgary—where judges on two Courts took three different approaches to a Charter issue.
THE DEMISE OF POSITIVE LIBERTY? NATIVE WOMEN'S ASSOCIATION OF CANADA V. CANADA
Authors: Trakman Leon
Published: June 2017

THE DEMISE OF POSITIVE LIBERTY? NATIVE WOMEN'S ASSOCIATION OF CANADA V. CANADA
THE SUPREME COURT ENTRENCHES PARLIAMENTARY PRIVILEGE OUT OF THE CHARTER'S REACH: DONOHOE V. CBC
Authors: Heard Andrew
Published: June 2017

THE SUPREME COURT ENTRENCHES PARLIAMENTARY PRIVILEGE OUT OF THE CHARTER'S REACH: DONOHOE V. CBC
Introduction
Authors: Johnson Rebecca
Published: June 2017

In Vancouver’s downtown eastside, just down from the Carnegie Community Centre on East Hastings Street, stands Insite. Funded by Vancouver Coastal Health, Insite is a supervised safe injection site for illegal drug users—currently the only such site in North America. It is also at the centre of a heated political and legal struggle over the boundary between health and crime. InPHS Community Services Society v Canada (AG) , the courts have been articulating that struggle in the language of federalism, division of powers and interjurisdictional immunity. Insite, in the courtroom and in the media, raises a host of questions not only about the boundaries of provincial and federal powers, but also about drugs, harm, crime, health, poverty, community, the economy, urban planning, equality, epidemiology, social programming, race, gender, coalition building and municipal politics. Quite the menu of legal, social, and political possibility. In this Issue ofConstitutional Forum, we have drawn together a series of papers that were generated in the context of a pedagogical encounter at the University of Victoria, one that had students and faculty engaged in a collective exploration of the Insite case.
Reference re Supreme Court Act, ss 5 and 6 — Expanding the Constitution of Canada
Authors: Peach Ian
Published: June 2017

On March 21, 2014, the Supreme Court of Canada (SCC) answered two questions pertaining to Federal Court Justice Marc Nadon’s appointment to the Court.
FREEDOM OF ASSOCIATION - LABOUR STRIKES OUT AGAIN
Authors: Christian Timothy J
Published: June 2017

FREEDOM OF ASSOCIATION - LABOUR STRIKES OUT AGAIN
QUÉBEC AND ENGLISH CANADA: THE POLITICS OF TERRITORY
Authors: Conway John
Published: June 2017

QUÉBEC AND ENGLISH CANADA: THE POLITICS OF TERRITORY
A REVIEW OF THE KEEGSTRA CASE: SUPREME COURT UPHOLDS HATE PROPAGANDA LAW
Authors: Elman Bruce P
Published: June 2017

A REVIEW OF THE KEEGSTRA CASE: SUPREME COURT UPHOLDS HATE PROPAGANDA LAW
Confidence: How Much is Enough?
Authors: Neary Peter
Published: June 2017

Did Prime Minister Stephen Harper, faced with almost certain defeat in the Commons in December 2008 on a matter of confidence, act unconstitutionally by seeking to prorogue a newly elected parliament that had been sitting for only two weeks? And did Governor General Michaëlle Jean violate the principles of responsible government by granting prorogation? These questions have been the subject of intense debate in the Canadian media and may rank with the King-Byng crisis of 1926 in future academic and legal discussion of the constitution. In my opinion, while the prime minister tested the limits of “responsible government,” the Governor General respected precedent and acted appropriately and wisely in her decision.
Can a Middle Ground be Found on Senate Numbers?
Authors: Hicks Bruce M.
Published: June 2017

Seven years after Confederation, the House of Commons gave unanimous consent to a mo- tion to consider reforms to the Senate.1 The proposal included such radical notions as the adoption of a Senate electoral system based on proportional representation, the allotment of six senators for each region, and the fixing of terms to eight years, staggered to ensure the election of only half the Senate at a time.2
M V. H: TIME TO CLEAN UP YOUR ACTS
Authors: Cossman Brenda , Ryder Bruce
Published: June 2017

M V. H: TIME TO CLEAN UP YOUR ACTS
Upper House Reform in Germany: the Commission for the Modernization of the Federal System
Authors: Greg Taylor
Published: June 2017

As the debate on a possible new second leg- islative chamber proceeds both in the United Kingdom (U.K.) and Canada, it is useful to note recent amendments to the German Con- stitution (Basic Law) affecting the federal up- per house of Parliament (Bundesrat). Despite all the differences among the House of Lords, the Canadian Senate,1 and the Bundesrat, there are some points on which a comparison is use- ful. Moreover, some of the impetus behind the German reforms — a conviction that there had been too much emphasis on cooperative feder- alism and too little on healthy competition — is reminiscent of debates about such matters in other federations in general, and Canada in particular.