bluuebunny/crossref_metadata_2025 huggingface dataset:
Changes in Lignocellulosic Polymers, Carbon, and Energy in Switchgrass for Bioenergy Production
Authors: Saini Priya , de Koff Jason P. , Allison Abimbola , Hamilton Choo
Published: June 2017

Core Ideas

Depending on the energy conversion method, switchgrass may be harvested over 2 months prior to killing frost.

Drought may have caused a delay in the fall increase in C concentrations in switchgrass.

Switchgrass cellulose, hemicellulose, lignin, and energy contents were unaffected by drought.

Few studies have intensively monitored switchgrass chemical components during natural drought conditions.

Switchgrass (Panicum virgatum L.) is a potential bioenergy crop recommended by the U.S. Department of Energy. To produce biofuel from switchgrass, high cellulose and low lignin concentrations are ideal for biochemical conversion while high lignin and energy content are desirable for thermochemical conversion. These values change during plant growth. The objective of this study was to identify the optimum harvest window using a one‐cut system. Thirteen and eight harvests were collected in 2011 and 2012, respectively, and analyzed for cellulose, hemicellulose, lignin, total C, and energy content. Generally, cellulose and hemicellulose concentrations increased through July, remained relatively constant for the remainder of the study period (through early November), and were unaffected by drought. Carbon concentrations increased significantly with plant growth then decreased significantly in July/August, presumably due to reproductive growth, followed by a significant increase in September or October of 2011 and 2012 due to senescence. Drought in early 2012 may have caused small changes in C concentration as compared to 2011. Energy content increased significantly early in the season, and remained similar between August and November while lignin concentrations increased. Both parameters, however, were relatively unaffected by the 2012 drought. It was concluded that switchgrass could be harvested as early as late August (earlier than the current recommended period of after 1 November or killing frost) depending on the requirements of the conversion method. More research is needed to determine whether early or delayed harvests have a greater economic impact on overall fuel yields in drought or normal years.
Epidemiology of the invasion of Cryptosporidium parvum in farm and wild animals
Authors: Kaupke Agnieszka , Rzeżutka Artur
Published: June 2017

Cryptosporidium parvum is a zoonotic protozoan parasite occurring in a wide range of hosts. Invasions caused by this parasite have been reported in humans and in many animal species including birds. Despite its worldwide prevalence, infections have usually generated considerable losses in the livestock industry, mostly affecting calves, lambs and goat kids. It has previously been shown that ruminants are a major reservoir of zoonotic Cryptosporidium parvum and contact with an infected animal can lead to human infection. The application of molecular methods for parasitological diagnostics has increased our knowledge on the parasite hosts and its prevalence in humans and animals. They also confirmed their usefulness during epidemiological investigations and in surveillance studies of human and animal cryptosporidiosis. In this review the current state of knowledge concerning the importance of Cryptosporidium parvum invasions in farm and wild animals was presented.
European Association of Veterinary Diagnostic Imaging
Authors: Naumowicz Karolina , Szarek Józef , Felsmann Mariusz Zbigniew
Published: June 2017

Diagnostic imaging is a branch of medicine that has been developing for over a century. Technological progress in this area has contributed to the emergence of new techniques such as nuclear medicine, computed tomography, and magnetic resonance. Mastering these techniques and skillfully using them requires physicians to continuously deepen their knowledge and skills. Therefore, the European Association of Veterinary Diagnostic Imaging (EAVDI) has been established to ensure that the quality of services provided by veterinary surgeons is of the highest quality.
POSTĘPOWANIE W SPRAWACH O CRIMEN MAIESTATIS W OKRESIE REPUBLIKI RZYMSKIEJ
Authors: Dyjakowska Marzena Hanna
Published: June 2017

Procedural Issues of the crimen maiestatis in Roman RepublicSummaryThe article presents some procedural issues of crimen maiestatis in the Roman Republic. The first approach examines the process by which the public criminal law evolved rules for the protection of maiestas populi Romani, and the application o f these rules in particular cases. This topic is introduced by analysing the concept of maiestas with a particular reference to maiestas populi Romani. The crimen maiestatis was first brought within the ambit of the public criminal law by way of the fragmentation of a particular segment o f a diffuse crime of perduellio. The role of the duoviri perduellionis, as well the origin and nature o f the criminal jurisdiction of the tribuni and aedilesalso are to be discussed. The duoviri are recorded only three times: first there is the Livy’s account of the famous trial of Horatius under King Tullus Hostilius. It is also discussed in the article when and how provocatio against the higher fines was introduced. In the Roman Republic the maiestas cases were tried before the plebs or the comitia centuriata of the people. The lex Appuleia maiestatis established a permanent quaestio maiestatis and brought a particular category of wrongful acts under its jurisdiction.
DOMNIEMANIE OJCOSTWA - RATIO DECIDENDI USTAWODAWCY
Authors: Jurewicz Aldona
Published: June 2017

Paternity’s presumption - ratio decidendi of LegislatorSummaryPaternity’s presumption is an important legal tool in contemporary Polish civil law. It enables e.g to define the civil status of a private person. Paternity’s presumption is regulated in art 62 §1 i 85 § 1 of k.r.o. Undoubtedly we cannot reduce its effect to the sphere of legal proceedings and the authorconsiders, that the intention of the legislator was different. The legislator found it necessary to regulate the child’s origin by a legal presumption, which allows to establish legal connections between the child and the husband or partner of the child’s mother.Some scholars claim, that the ancient Roman law knew the paternity’s presumption. There is a probable confirmation - a passage from Paul’s Edict Commentary, which was placed by compilers in D. 2,4,5: Quia [mater] semper certa esty etiam si vulgo conceperit: pater vero is est> quaem nuptiae demonstrant This kind of a presumption in Roman law was applied only in order to establish the child’ s origins and it’s legal status on the grounds of iustum matrimonium. Nevertheless analysis of the problem allows a theory, that a presumption was applied not only in the issues connected with providing evidence.The aim of this article is to answer questions concerning some common points in ratio decidendi of ancient Roman legislator and the contemporary Polish one. In the author’s opinion, the similarity lies in an attempt to protect basic values against an excessive interference of law into individual life.
RZYMSKA TERMINOLOGIA STOSOWANA NA OKREŚLENIE NARZĘDZI UŻYWANYCH PODCZAS CHŁOSTY
Authors: Kołodko Piotr
Published: June 2017

The Roman Terminology Applied to Define Tools Used for FloggingSummaryIt can be taken for granted that the Roman law knew several tools which were used for flogging (e. g. verber, virga, vitis, flagellum, fustis, ferula, plumbata). Their choice was determined by the personal status of the wrongdoer on whom flogging was inflicted (distinction between humiliores-honestiores, servi). Thus, servi were flogged with verber or flagellum whilst humiliores were beaten with fustis (the same instrument as long as vitis were applied to the soldiers - milites). Those Romans who were called honestiores were excluded from flogging (as an additional punishment), at least from the time of principate.The severity of flogging was connected with the kind of an instrument which was applied. Hence, the most severe flogging was when plumbata was used, because of its construction (plumbata had tips finished with leaded balls). This instrument (as well as verber) was applied when a delinquent was tortured.It seems that Roman law did not treat all those mentioned instruments for flogging as equivalent. Although the lexical meaning of e. g. verber or virga is similar there is a significant difference between them, which is related to personal status of delinquents on whom flogging was inflicted.
ARTUR DUCK, DE USU ET AUTHORITATE JURIS CIVILIS ROMANORUM - PODRZĘDNA ROZPRAWA CZY DZIEŁO ŚWIATOWEJ ROMANISTYKI?
Authors: Marzec Łukasz
Published: June 2017

Artur Duck, De Usu et Authoritate Juris Civilis Romanorum - Mediocre or Brilliant Work?SummaryDe Usu et Authoritate Juris Civilis Romanorum in Dominiis Principum Christianorum, the work by Artur Duck was published in London in 1653. Duck, one o f the leading civil lawyers, a royalist, high commissioner, Master in Chancery, King’s Advocate and a chancellor of three dioceses wrote his book in exile in Oxford during the English Civil War. In his work he analysed the position and influence o f Roman Law in fourteen countries of 17th-century Europe. Apart from England, Scotland and Ireland, he researched the German Empire, France, Italy, Sicily and Naples, Poland, Hungary, Bohemia, Spain, Portugal, Denmark and Sweden. Although Duck was an Englishman, he admired Roman Law and believed it could unify and consolidate the legal systems of Christian Europe. His work shows deep knowledge of how the legal systems o f 17th-century Europe were organized and influenced by Roman Law. What seems to be of a special significance is the section of his book considering the role o f Roman law in England, where Duck was involved in judicial activity for several years as a judge and advocate. Although his work remained forgotten for centuries, contemporary science is attempting to restore it to its proper position. So far, Duck’s work has not been scientifically analysed but there is no doubt that it deserves a detailed study.
USTAWA JULIJSKA O PRZEMOCY PRYWATNEJ. 7 TYTUŁ 48 KSIĘGI DIGESTÓW. TEKST - TŁUMACZENIE - KOMENTARZ
Authors: Loska Elżbieta
Published: June 2017

USTAWA JULIJSKA O PRZEMOCY PRYWATNEJ. 7 TYTUŁ 48 KSIĘGI DIGESTÓW. TEKST - TŁUMACZENIE - KOMENTARZ
PROBLEM INTERPRETACJI ŹRÓDEŁ A STATUS DZIECKA W ŁONIE KOBIETY (NASCITURUS)
Authors: Waldstein Wolfgang
Published: June 2017

A Problem of Interpretation of a status of a Child in a Woman’s Womb (nasciturus)SummaryThe author in his research often encountered citations of little parts of the sources, taken out of context, as a confirmation of the prior adopted thesis. This also happened with respect to a text regarding an unborn child, described by Ulpian as mulieris portio vel viscerum (D. 25,4,1,1). According to some researchers this description is to indicate that a child, as a part of a woman’s body, does not have a separate legal status. The author shows that from the context of the quoted text and many other sources (e. g. Cic. pro Cluent. 31; Gaius - G. 1,89 i 1,147; Iulianus - D. 2,1,5,25; D. 38, 16,6; Marcianus - D. 1,5,5,3 i Paulus - D. 1,5,7) it transpires that a lot of attention was given to an unborn child and a protection of his rights, which proves that he was treated as a separate and independent subject of law.
UDZIAŁ OSÓB NIEUPRAWNIONYCH W WYDANIU ORZECZENIA W POSTĘPOWANIU CYWILNYM - UWAGI NA TLE D.1,14,3 I D.41,3,44 PR.
Authors: Szolc-Nartowski Bartosz
Published: June 2017

Participation of Unauthorised Persons in Issuance of Decisions in Civil Proceedings - Remarks on the Basis D. 1,14,3 and D. 41,3,44 pr.SummaryAccording to Polish civil procedure a sentence given by an unauthorized person is invalid. This was not always the case in ancien Roman law. Ulpianus declared that when a slave, who escaped from his master, became a praetor, his acts were valid. He took into consideration serious problems of those who had put their trust in the praetor’s office as well as the respect for humanitas. A basic common sense requires that what was well decided, should be considered valid. According to the author, Ulpianus realized that the rule of ius civile which determined the requirements for entering in a praetor’s duties had the character of a guarantee. If the purpose, for which this rule was established, was achieved, such acts should be accepted as valid.The question arises whether that approach could be applied to contemporary cases of iudex incompetens. Furthermore, whether it would be justifiable to extend this solution to other - not only procedural – but also material, guarantee rules?The answer is not easy. In D. 41,3,44 pr., a pater familias conducted the procedure of adrogation (adoption) improperly. Papinianus decided that, although pater familias made a justifiable mistake, all that the son enacted in the name of the father, was invalid. Nevertheless a different rule, as the jurist says in D. 41,3,44 pr., must be observed in the case of homo liber bona fide serviens - a person, who being unaware of his free man status, served as a slave. Actions taken by such a person were valid (the purchaser of a slave had to be protected), since transactions of that kind happened very often. More importantly, any other solution would be against the public interest. O n the other hand, it was very rare for a pater familias to wrongly adrogate, therefore the example of pater familias did not create a general rule.It seems quite difficult to indicate one principle which could be applied to all the guarantee rules. As far as the case of an unauthorized person giving sentence is concerned, the Roman private law shows that the regard for the public interest may sometimes justify solutions different from those preferred by Polish law.
RATIO LEGIS PRZEDAWNIENIA
Authors: Pałdyna Tomasz
Published: June 2017

Ratio legis of Limitation of ClaimsSummaryA common element of the works on limitation of material claims is the analysis of its justification. This has its reasons: limitation of claims evokes serious doubts of ethical nature. It often happens that the protection is rejected to an entitled person, even in a situation when the debtor confirms his obligation, claiming at the same time the lapse of the period of prescription. Due to this, objections are formulated that limitation of claims authorises immoral behaviours, undermines the validity of law, weakens the role of law in a society, infringes the rule of law as well that it collides with a common sense of justness and the logic of the protection of exclusive rights. Notwithstanding the above limitation of claims exists in almost all civil law systems, therefore, it seems to be justifiable. The reasons for introducing this legal means into the system of civil law are discussed in this paper.The aim of limitation of claims is the protection of the defendant in the proceedings because of the difficulties with presenting evidence for a claim which came into being many years before. Retaining such claims is contrary to the interests of the court system because the proceedings initiated after many years could lead to accidental verdicts. Moreover maintaining a certain status may create its legality due to the principle of security of law. Furthermore, delayed persuing claims may be a form of earning money out of the statute interest with high interest rates, which is not desirable.The analysis presented in this paper allows a conclusion that limitation of claims has mammy functions: protective, cleansing, stabilising and animating. The proposed division is of an arranging nature as it stresses the main functions of limitation of claims and its role in trade.
NADUŻYCIE PRAWA PODMIOTOWEGO W ŚWIETLE JURYSPRUDENCJI KULTUROWEJ
Authors: Stępkowski Aleksander
Published: June 2017

NADUŻYCIE PRAWA PODMIOTOWEGO W ŚWIETLE JURYSPRUDENCJI KULTUROWEJ
Uwagi na marginesie tłumaczenia ‘Gai Institutiones’. Instytucje Gaiusa. Tekst i przekład. Z języka łacińskiego przełożył, wstępem i uwagami opatrzył Władysław Rozwadowski, Ars boni et aequi, Poznań 2003, ss. XXI, 207
Authors: Wycisk Franciszek
Published: June 2017

Uwagi na marginesie tłumaczenia ‘Gai Institutiones’. Instytucje Gaiusa. Tekst i przekład. Z języka łacińskiego przełożył, wstępem i uwagami opatrzył Władysław Rozwadowski, Ars boni et aequi, Poznań 2003, ss. XXI, 207
Empreendedor e independente: um novo jornalismo digital com narrativas de impacto
Authors: Oliveira Carolina Rodrigues , Araújo Marcelo Marques
Published: June 2017

Este artigo é o resumo da monografia que descreve de que forma o jornalismo empreendedor e o jornalismo independente se unem no desenvolvimento de startups jornalísticas (BRIGGS, 2012; COSTA, 2014; OLIVEIRA; STIPP, 2015; RAMOS; SPINELLI, 2015) e como três estratégias específicas de branding contribuem na construção de uma marca nestes empreendimentos inovadores (AAKER, 2015; BEDENDO, 2015). A partir destes conceitos abordados no referencial teórico, a pesquisa descreve e analisa, por meio do método de análise de conteúdo (GIL, 2008), os diferenciais construídos na plataforma BRIO Stories. Os resultados mostram as conquistas e os desafios desse novo jornalismo digital com narrativas aprofundadas e de impacto.
LEGAL IMPLICATIONS OF THE PERSONS CASE
Authors: McLellan Anne A.
Published: June 2017

Legal implications of the persons case
APPOINTMENTS TO THE SUPREME COURT OF CANADA
Authors: Ziegel Jacob S
Published: June 2017

APPOINTMENTS TO THE SUPREME COURT OF CANADA
L’abolition du registre des armes d’épaule : le rôle potentiel des principes non écrits
Authors: Daly Paul
Published: June 2017

L’appel devant la Cour suprême dans l’affaire Canada (Procureur général) c Québec (Procureur général), soulève une question d’interprétation constitutionnelle : est-ce que sa compétence en matière de droit criminel permet au Parlement d’abroger une loi et d’un seul coup détruire unilatéralement toutes les données recueillies sous l’égide de cette même loi?
CANADA: MODÈLE D’ÉTAT MULTICULTUREL POUR LE MONDE?
Authors: Couture Claude
Published: June 2017

Après l’échec de l’Accord du Lac Meech1 en 1990, le gouvernement conservateur de l’époque mit sur pied une vaste consultation populaire pour mieux comprendre l’opinion des Canadiens au sujet des réformes constitutionnelles. Le Forum des citoyens2, présidé par Keith Spicer, rencontra près de 400 000 Canadiens, visita 42 universités et collèges, reçut 10 000 lettres et 75 000 appels téléphoniques. Au Québec, lancée en décembre 1990, la commission Bélanger-Campeau reçut 200 mémoires et 600 soumissions3. D’autres formes de consultations furent organisées. Par exemple, toujours en décembre 1990, le sous-comité conjoint Sénat-Chambre des communes sur la formule d’amendement à la Constitution commença ses travaux un mois avant la présentation du rapport Allaire au Québec en janvier 1991. En septembre de la même année, le Comité parlementaire sur la Constitution de Dorothy Dobbie et Claude Castonguay (remplacé par Gérard Beaudoin) fut aussi formé et soumis un rapport le 28 février 19924. Toutes ces consultations menèrent aux longues négociations de 1992 et finalement à l’Accord de Charlottetown5 de juillet–août 1992. D’une certaine façon, aucun autre pays du monde occidental ne fut ainsi mobilisé de façon démocratique et non violente pour en arriver à un nouveau contrat constitutionnel. Les principales dimensions de ces discussions de 1990 à 1992 avaient été la question des relations anglophones- francophones, la reconnaissance des Premières Nations et la place du multiculturalisme. Aussi, aucun autre pays du monde occidental n’a été aussi loin dans la représentation symbolique de ces dimensions dans ses institutions constitutionnelles. En ce sens, le multiculturalisme canadien, qui ne peut être séparé des autres dimensions, est unique. Pour expliquer ce phénomène, nous proposons un texte en trois parties : d’abord un rappel du contexte créé pour les institutions de l’ère Trudeau; ensuite un résumé des débats américains et canadiens sur les origines idéologiques du Canada et, en particulier, l’apport récent dans ce débat de l’historien Gérard Bouchard; enfin, selon la perspective de ces débats, il sera proposé une interprétation du processus menant à Charlottetown et de la clause Canada de l’accord de 1992, deux indices qui montrent le caractère unique de la reconnaissance de la diversité au Canada.
A FLAWED SYNTHESIS OF THE LAW
Authors: Ross June
Published: June 2017

A FLAWED SYNTHESIS OF THE LAW
THE THREE FAILURES IN MODERN CANADIAN FEDERALISM: WHY IS IT IMPOSSIBLE TO FIND A NEW QUEBEC-CANADA PARTNERSHIP?
Authors: Lachapelle Guy
Published: June 2017

THE THREE FAILURES IN MODERN CANADIAN FEDERALISM: WHY IS IT IMPOSSIBLE TO FIND A NEW QUEBEC-CANADA PARTNERSHIP?
NELLES V. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO ET AL.
Authors: Law John
Published: June 2017

Nelles v. Her Majesty the Queen in Right of Ontario Et Al.
La « crise de la prorogation » vue du Québec
Authors: Boily Frédéric
Published: June 2017

Tout le monde a été surpris par la vitesse avec laquelle les événements politiques se sont déroulés, en décembre dernier. Bien malin celui qui aurait pu deviner, seulement une semaine avant que le premier ministre ne demande la prorogation du Parlement, qu’une coalition se serait formée entre le Parti libéral du Canada, avec à sa tête un Stéphane Dion rejeté par son propre parti, et le Nouveau Parti démocra- tique, qui continue de stagner dans les élections en recueillant moins de 20 pour cent des suf- frages exprimés. Et, au surplus, que cette coali- tion fasse alliance avec le Bloc Québécois pour renverser le gouvernement à l’aide d’un vote de non-confiance lors du jour de l’opposition. Pour tout dire, aujourd’hui encore le côté irréel de la chose n’est pas totalement disparu.
Applying the Burden of Proof and Creating Connections to Communities
Authors: Cochran Patricia
Published: June 2017

One of the questions that lies at the heart of the Insite case is this: what kind of connections should exist between the law and the people it governs? In this short comment, I explore one of the ways this question informs the treatment of evidence and proof by focusing on the section 7 aspect of the case and the question of arbitrariness. With the goal of inviting discussion, I suggest that in cases involving the constitutional rights of marginalized individuals and communities, the concept of the “burden of proof” can provide a way to help understand what is at stake, and what criteria we might use to relate the burden of proof to values of equality and justice.
La signification de l’article 23 de la Charte et son étendue aujourd’hui dans les communautés minoritaires francophones : vers une transculturalité réelle
Authors: Dube Paul
Published: June 2017

La présente réflexion portera sur les quatre éléments suivants : dans un premier temps, je compte signaler la place de la décision Mahe1 dans les 25 ans d’histoire de la Charte2; deux- ièmement, il sera question du sens de Mahe à partir d’une interprétation qui situe le jugement dans son contexte historique et politique; en troisième lieu, l’application aujourd’hui relative à son étendue et par rapport à la nouvelle don- ne démographique; et pour finir, les modalités d’intervention par les communautés dans ce nouveau contexte.
VRIEND, RIGHTS AND DEMOCRACY
Authors: Black William
Published: June 2017

VRIEND, RIGHTS AND DEMOCRACY
THE NEW HUMAN RIGHTS AGENDA: THE FIRST SHELDON CHUMIR LECTURE
Authors: Cotler Irwin
Published: June 2017

THE NEW HUMAN RIGHTS AGENDA: THE FIRST SHELDON CHUMIR LECTURE
La gestion de la diversité religieuse en milieu scolaire : le modèle « Made in Alberta »
Authors: Boisvert Natalie
Published: June 2017

« Comment élever nos enfants ? » Il est dit que cette question, incontournable, requiert l’examen de nos plus fondamentales convictions éthiques. À l’école nous retrouvons, en micro- cosme, les grandes questions qui animent le dé- bat canadien en matière de langue, d’identité, de culture, et de religion. Le paradoxe canadien, ou comment entretenir une culture politique partagée tout en encourageant l’expression des particularismes, se traduit à l’école par le débat opposant l’école publique, source première de la formation d’une culture partagée, et les écoles à vocation religieuse, avatars du fait multination- al et multiculturel au Canada.
Canada, the United Nations Human Rights Council, and Universal Periodic Review
Authors: Harrington Joanna
Published: June 2017

Canada, the United Nations Human Rights Council, and Universal Periodic Review
Round One: Saskatchewan — Canada Negotiations 1980
Authors: Leeson Howard
Published: June 2017

This first article examines the period immediately after the First Ministers Conference on the Constitution in September of 1980.
Analysis of Reference re Supreme Court Act: The Implied Currency Requirement for Quebec Seat Appointees to the Supreme Court
Authors: Barton Daryl
Published: June 2017

The Supreme Court of Canada, in a 6-1 judgment in March 2014, ruled that an appointee toone of the three Quebec seats on the Supreme Court must be either a current Quebec SuperiorCourt judge or a current Quebec lawyer of at least ten years’ standing. Reference re SupremeCourt Act, ss. 5 and 6 [Reference] determined that the phrase “from among” in section 6 of the Supreme Court Act [Act] implies that Supreme Court appointees to the reserved Quebec seats must be current members of one of the designated Quebec legal institutions. The judgment also affi rmed that any change to the composition of the Supreme Court, including the eligibility conditions of appointees, is constitutionally protected. A synthesis of textual, contextual, and purposive analysis is hereinaft er used to review the Reference.
RELUCTANT WARRIOR, ENTHUSIASTIC PEACEKEEPER: DOMESTIC LEGAL REGULATION OF CANADIAN PARTICIPATION IN ARMED CONFLICTS*
Authors: Mgbeoji Ikechi
Published: June 2017

War is, by necessity, a savage and grisly business and the decision to participate in armed conflict is one of the most onerous any govern- ment can make. This paper examines the domestic norms and institutionalized procedures that constrain or guide the office of prime minister of Canada in deciding when and how to put Canada in a state of war or armed conflict. This question assumes greater importance and subtlety because in contemporary times, formal declarations of war, which in past would have followed intense parliamentary debates, now seem anachronistic. In modern times, states engage in armed conflicts, whether aggressive1 or defensive, without adopting the technical procedure of formally “declaring” war on perceived enemy-states. Indeed, so ubiquitous and recurrent is this phenomenon of “undeclared warfare” that some scholars have suggested that the technical concept of war (declaration of war) has been effectively replaced by the “factual concept of armed conflict.”2 An obvious implication of this trend is that Canadians may not realize that their troops may be engaged in armed conflicts somewhere without as much as a prior parliamentary debate on the necessity of otherwise of participating in an armed conflict.
THE CHARTER’S BURDENS: THE RETURN TO THE "PRESUMPTION OF VALIDITY" IN SECTION 7 OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS
Authors: Wexler Stephen , Jones Craig
Published: June 2017

THE CHARTER’S BURDENS: THE RETURN TO THE "PRESUMPTION OF VALIDITY" IN SECTION 7 OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS
Judges and Religious-Based Reasoning: A Response to Ginn and Blaikie
Authors: Hamill Sarah E
Published: June 2017

The Canadian jurisprudence on freedom of religion has tended to focus on the accommodation of religious practices rather than exploring the constitutionality of judicial reliance on religious-based reasoning. A recent article by Diana Ginn and David Blaikie seeks to argue that, in certain circumstances and under certain conditions, it would be acceptable for judges to rely on religious-based reasons in their judgments.  Ginn and Blaikie see their recent article as being a continuation of sorts to their earlier piece, "Religious Discourse in the Public Square." While I found their earlier piece to be a persuasive defence of the use of religious-based reasoning in the public sphere, I have serious doubts over the constitutionality and applicability of their argument with regard to judges. It is the purpose of this paper to refute Ginn and Blaikie’s argument and to show that, in Canada, the use of religious-based reasons by judges is likely precluded by decisions of the Supreme Court of Canada.
LE RÉGIME TRUDEAU A-T-IL TRAHI LE RÉGIME DE 1867?
Authors: Kelly Stéphane
Published: June 2017

Trudeau a-t-il trahi la pensée des pères de 1867? La question mérite aujourd’hui d’être posée, aussi franchement que je le fais ici, tant nombre d’auteurs alimentent cette thèse depuis quinze ans. À lire les nouvelles publications sur cette période de notre histoire, on voit que la contestation de l’héritage Trudeau gagne du terrain. Certes, le trudeauisme est bien en vie. La popularité des libéraux fédéraux demeure élevée. Même dans plusieurs cercles intellectuels, Trudeau reste une figure célébrée.
Canada's Re-emerging Division of Powers and the Unrealized Force of Reciprocal Interjurisdictional Immunity
Authors: Newman Dwight
Published: June 2017

In recent decades, up to the middle of the first decade of the twenty-first century, Canadian division-of-powers jurisprudence seems to have been in a period of quiescence, with modern doctrine imposing few constraints on the federal government's implementation of national programs. In this paper, the author argues that adopting provincial interjurisdictional immunity as the Supreme Court of Canada clearly chose to do in the Canadian Western Bank case and other cases, must imply further changes to recent federalism doctrine, potentially including the reaffirmation of spheres of genuine provincial exclusivity or even provincial paramountcy.
THE DUNMORE DEPARTURE: SECTION 1 AND VULNERABLE GROUPS
Authors: Libman Caroline
Published: June 2017

In the recent decision Dunmore v. Ontario (A.G.),1 the Supreme Court of Canada held that the complete exclusion of agricultural workers from Ontario’s Labour Relations Act2 was a violation of section 2(d) of the Charter3 that could not be justified under section 1. Dunmore was a novel case; as Bastarache J. noted in the introduction to the majority decision, it represented “the first time” the Court had been called on to review “the total exclusion of an occupational group from a statutory labour relations regime, where that group is not employed by the government and has demonstrated no independent ability to organize.”
Revisit the Senate as it was meant to be — The Upper House was created to protect provincial interests in the federal legislative process
Authors: Pouliot Vincent
Published: June 2017

The scandal provoked by the expense claims of individual senators has obscured a deepermalaise surrounding the Senate — one that dates back to Confederation. This malaise has to do with the reasons why the Fathers of Confederation established a Senate in the first place, and with their failure to follow through with a selection procedure that would have made it possible for the Senate to perform its intended function.
Public Interest Standing, Access to Justice, and Democracy under the Charter: Canada (AG) v Downtown Eastside Sex Workers United Against Violence
Authors: Phillips Dana
Published: June 2017

In 2012 the Supreme Court of Canada issued itsdecision in Canada (AG) v Downtown EastsideSex Workers United Against Violence (SWUAV).1Th e case centered on whether or not thoseinvolved in protecting vulnerable sex workershave standing to challenge the criminalizationof prostitution-related activities on their behalf.SWUAV represents a signifi cant break with previousjurisprudence on standing: it saw the Courttransform its vision of public interest standing,viewing it for the fi rst time as an access to justiceissue.
THE CHARTER AND PUBLICATION BANS: A COMMENT ON DAGENAIS V. C.B.C.
Authors: Nugent Patrick
Published: June 2017

THE CHARTER AND PUBLICATION BANS: A COMMENT ON DAGENAIS V. C.B.C.
CONSTITUTIONAL LIMBO IN TRINIDAD AND TOBAGO (THE UNCERTAINTY, NOT THE DANCE)*
Authors: Gregory Tardi
Published: June 2017

Constitutional practice in Westminster-style parliamentary democracies throughout the Commonwealth can produce an infinite variety of scenarios of political law. In recent years, few such scenarios could have proved more intricate and intractable than the constitutional crisis that ended a short time ago in Trinidad and Tobago. A Canadian lawyer seeking to understand these difficulties would be navigating through instruments and practices not unfamiliar by comparison to his or her own system.
Redressing the Harms of Government (In)Action: A Section 7 Versus Section 15 Charter Showdown
Authors: Koshan Jennifer
Published: June 2017

When considering the recent Charter claims of vulnerable individuals seeking to redress the harms of government action or inaction, there are two related trends in the appellate case law on sections 7 and 15 that merit attention.1 First, the Supreme Court has undertaken new approaches to equality rights under section 15(1) and 15(2) of the Charter, with a marked lack of success of claims in spite of (or perhaps because of) these approaches. The cases of Kapp,2 Withler,3 and Cunningham4 will be discussed in Part II as illustrations of this trend, along with cases where section 15 was given scant attention, such as Hutterian Brethren,5 AC v Manitoba,6 and Fraser.7 Second, there has been relative success of Charter claims under section 7 where there is strong evidence of harm to life, liberty or security of the person in circumstances where the government action was arbitrary, grossly disproportionate, or overbroad. In Part III, the cases of PHS Community Services,8 Adams,9 and Bedford10 will be shown to reflect this trend.11 These cases present an opportunity to discuss whether section 7 holds advantages over section 15 as a tool for disadvantaged persons challenging the harms of government (in)action, which will be addressed in Part IV. I conclude that while framing government harms as violations of life, liberty or security of the person may be a winning strategy for some Charter claimants, not all such harms can be presented in those terms, and the particular harms captured by section 15 must be given their due.
THE POSSIBILITIES OF SCHACHTER: A RESPONSE TO PROFESSOR DUCLOS
Authors: Remple Ryan
Published: June 2017

THE POSSIBILITIES OF SCHACHTER: A RESPONSE TO PROFESSOR DUCLOS
PARADISE POSTPONED
Authors: Hutchinson Allan C. , Petter Andrew
Published: June 2017

PARADISE POSTPONED
SOCIAL AND ECONOMIC RIGHTS? LESSONS FROM SOUTH AFRICA
Authors: Sunstein Cass R.
Published: June 2017

SOCIAL AND ECONOMIC RIGHTS? LESSONS FROM SOUTH AFRICA
Trinity Western Law School: "To Be or Not to Be -- That Is the Question"
Authors: Donlevy JK
Published: June 2017

This paper consists of three parts. Part 1 provides the facts, which have brought the Trinity law school issue into the public arena. Part 2 presents in brief the legal issues involved, focusing on how the Nova Scotia and Ontario courts have attempted to adjudicate the conflict. Part 3 looks at the ostensible incommensurability of the conflict between positive and negative liberty in this case and ends with the suggestion that, on balance, the argument weighs in favour of Canadian law societies approving the accreditation of Trinity’s law school.
THINKING ABOUT THE UNTHINKABLE: PLANNING FOR A POSSIBLE SECESSION
Authors: Whitaker Reg
Published: June 2017

THINKING ABOUT THE UNTHINKABLE: PLANNING FOR A POSSIBLE SECESSION
Judicialization or Renunciation? Judges in Today’s Landscape of Anti-Terrorism Laws
Authors: Hoole Grant R. , Ananian-Welsh Rebecca
Published: June 2017

Judges in constitutional democracies face common dilemmas navigating today’s landscape of anti-terrorism laws. Whether it is with respect to the oversight of investigative detentions or approval of control orders, security certifi cates, and other offi cial powers calculated to investigate and prevent terrorism and related activities, the judicial role has expanded into fi elds where the appropriate balancing of security concerns with individual liberties is exceedingly complex.  The need for such balancing is, of course, one of the central justifications for judicial involvement: the judiciary is relied upon to bring characteristicindependence and integrity to the review of official powers, ensuring compliance betweenthe latter and the higher law of the Constitution.  There is nevertheless an unsettling implication that sometimes attends judicial service in these fields — namely, it is not always clear whether the judicial role is truly one of constitutional enforcement and oversight, or one that allows administrative actors to borrow the integrity of the courts in furtherance of constitutionally-suspect ends.
'Old Habits Die Hard' - Reflections on the Scope of the Royal Prerogative Following Turp v Canada (Minister of Justice)
Authors: Harvey Jarrad
Published: June 2017

In Turp v Canada (Minister of Justice), politicianDaniel Turp MP sought judicial review in theFederal Court of Canada of the Canadian Government’sdecision to withdraw from the KyotoProtocol to the United Nations Framework Conventionon Climate Change.
COMMENTS: NOW WHAT?
Authors: Gibson Dale
Published: June 2017

COMMENTS: NOW WHAT?
THE AFTERMATH OF MEECH LAKE: IMPLICATIONS FOR THE WESTERN ECONOMY
Authors: Percy Mike
Published: June 2017

THE AFTERMATH OF MEECH LAKE: IMPLICATIONS FOR THE WESTERN ECONOMY
TEMPTED BY RIGHTS: THE EUROPEAN UNION AND ITS NEW CHARTER OF FUNDAMENTAL RIGHTS
Authors: Ward Ian
Published: June 2017

TEMPTED BY RIGHTS: THE EUROPEAN UNION AND ITS NEW CHARTER OF FUNDAMENTAL RIGHTS
THE INDEPENDENCE AND IMPARTIALITY OF PROVINCIAL COURT JUDGES: RAPPORTEUR’S COMMENTS
Authors: Renke Wayne
Published: June 2017

THE INDEPENDENCE AND IMPARTIALITY OF PROVINCIAL COURT JUDGES: RAPPORTEUR’S COMMENTS
STRIKING THE BALANCE: NATIONAL SECURITY V. THE CHARTER
Authors: Gilbert Catherine
Published: June 2017

STRIKING THE BALANCE: NATIONAL SECURITY V. THE CHARTER
POLLUTING THE LAW TO PROTECT THE ENVIRONMENT
Authors: Beatty David M
Published: June 2017

POLLUTING THE LAW TO PROTECT THE ENVIRONMENT
WESTERN CANADIAN NATIONALISM IN TRANSITION
Authors: Gibbins Roger
Published: June 2017

WESTERN CANADIAN NATIONALISM IN TRANSITION
NAFTA AND INEQUALITY: A CANADIAN PERSPECTIVE
Authors: Reasons Charles E
Published: June 2017

NAFTA AND INEQUALITY: A CANADIAN PERSPECTIVE
GOVERNING THE CANADIAN STATE: THE CONSTITUTION IN AN ERA OF GLOBALIZATION, NEO-LIBERALISM, POPULISM, DECENTRALIZATION AND JUDICIAL ACTIVISM
Authors: Arthurs Harry W.
Published: June 2017

Viewer discretion is advised. I am going to offer you a perspective on the constitution which is stranger even than the Trudeau vision which twenty years ago sparked his epic battles with Merv Leitch and Peter Lougheed over the National Energy Policy, the Charter,1 and repatriation of the Constitution. And worse yet, though I worry about the Constitution, I do not know much about it; I do not often write about it, and as I will demonstrate in a moment, I am not even sure what it is. I did, however, read something recently in a book on modern European history which seemed to capture my own sentiments almost exactly — an observation attributed to a peasant in Salonika, then under Turkish rule, in 1908: “Constitution is such a wonderful thing,” said this peasant, “that he who does not know what it is, is a donkey.”2 I identify with the donkey, not the peasant.
Editor's Note
Authors: Paradis Patricia
Published: June 2017

A note from our Editor, Patricia Paradis, on this Special Issue.
STRENGTHENING THE ECONOMIC UNION: THE CHARTER AND THE AGREEMENT ON INTERNAL TRADE
Authors: Choudhry Sujit
Published: June 2017

The standard story in public policy and constitutional circles on the relationship between the Constitution and the Canadian Economic Union is a story of constitutional failure: that the Constitution has proven to be ineffective at furthering the integration of the Canadian economy.1 As a consequence, securing this goal requires either constitutional amendment or, in the face of the impossibility of large-scale constitutional change, the use of non-constitutional policy instruments such as the Agreement on Internal Trade, an intergovernmental agreement designed to remove barriers to interprovincial economic mobility.2 In this paper, I challenge this view. My argument is that constitutional litigation under the Charter’s3 mobility rights provisions can serve as an effective alternative to the various mechanisms (adjudication and negotiation) established under the AIT to further the integration of the Canadian economy. Moreover, I suggest how constitutional litigation can actually strengthen the AIT, rather than simply serve as an alternative to it.
IT'S THE LAW OF THE LAND: GENDER AND THE GEOGRAPHY OF HOPE
Authors: Greschner Donna
Published: June 2017

IT'S THE LAW OF THE LAND: GENDER AND THE GEOGRAPHY OF HOPE
CANADA AND QUÉBEC IN A NEW WORLD: THE PQ'S ECONOMIC PROPOSALS
Authors: McMillan Mel , Norrie Ken
Published: June 2017

CANADA AND QUÉBEC IN A NEW WORLD: THE PQ'S ECONOMIC PROPOSALS
Conditions Under Which Québec Prefers a Strong Federal Government, or Why Decentralization is not Necessarily a Good Thing for Québec
Authors: Venne Michel
Published: June 2017

Let me begin by thanking the organizers of a Simon Fraser University federalism work- shop for inviting a non-academic to share some reflections about federalism.1 This file cannot stay closed forever. While preparing these re- flections, I came across a lapel pin representing the fleur de lisé — the Québec flag — which il- lustrates one of the main points I want to stress here: the Québec question is essentially a ques- tion of identity and recognition. It has little or nothing to do with the so-called fiscal imbal- ance or any other specific problem of that kind.
Distant Echoes: Discussing Judicial Activism at Canadian and American Supreme Court Nomination Hearings
Authors: Fitzgerald Oliver
Published: June 2017

This paper begins by tracing Canadians’ concerns about judicial activism. Part II surveys how academics, commentators, and others have reacted to perceived overreaches by Canada’s highest court over time. By evaluating the comments made by Justices Marshall Rothstein, Michael Moldaver, Andromache Karakatsanis, and Richard Wagner at their nominee hearings, Part III shows the paucity of official public discussion on the topic. Changing countries, Part IV explains how judicial activism has been canvassed recently in American Supreme Court nomination hearings; this part assesses how the topic has been addressed during and since Chief Justice John Roberts’s confirmation hearing in 2005. Part V analyzes Justice Nadon’s comments and demonstrates how they depart from Canadian precedent and towards a deeper, more American focus on the topic’s vagaries. Part VI concludes with some thoughts on what Nadon’s comments may portend should televised ad hoc committee hearings for Supreme Court nominees be restarted.
UNDERSTANDING GROOTBOOM — A RESPONSE TO CASS R. SUNSTEIN
Authors: Roux Theunis
Published: June 2017

In a typically thought-provoking essay on the significance of the recent judgment of the South African Constitutional Court in Grootboom,1 Cass R. Sunstein welcomes the contribution of this “extraordinary decision” to the international debate over the justiciability of socio-economic rights.2 In particular, he argues that the decision provides a partial answer to the objection that the judicial enforcement of such rights inevitably requires courts to assume “an unacceptable managerial role.”3 On Professor Sunstein’s reading, the Court in Grootboom successfully steers a middle course between the Scylla of complete enforceability and the Charybdis of non- justiciability. It does so by adopting what is in effect an “administrative law model of socio-economic rights,” one which reads such rights as giving courts the power to order government to “devote more resources than it otherwise would” to the regulatory problem at issue.
The Perfect Storm: Section 12, Mandatory Minimum Sentences and the Problem of the Unusual Case
Authors: Sankoff Peter
Published: June 2017

In Wolfgang Peterson’s enjoyable 2000 film, The Perfect Storm, starring George Clooney and Mark Wahlberg as fisherman in a doomed struggle against Mother Nature, a wonderful scene shows a local weatherman/meteorologist, flushed with excitement, outlining the details of an incoming mega-storm to a member of the newsroom:
PARADIGMS LOST: GERMAN FEDERAL AND ELECTORAL SOLUTIONS TO CANADA'S CONSTITUTIONAL PROBLEMS
Authors: Isinger Russell
Published: June 2017

PARADIGMS LOST: GERMAN FEDERAL AND ELECTORAL SOLUTIONS TO CANADA'S CONSTITUTIONAL PROBLEMS
CONSTRUCTING CANADIAN IDENTITIES
Authors: McRoberts Kenneth
Published: June 2017

CONSTRUCTING CANADIAN IDENTITIES
Spain’s Multinational Constitution: a Lost Opportunity?
Authors: Ninet Antoni Abad i , Mateu Adrià Rodés
Published: June 2017

The Spanish Constitution of 1978 provid- ed an opportunity for minority nationalities within Spain to achieve a degree of political au- tonomy not shared by others within the state. During the constituent process, the non-Span- ish speaking national communities of Catalonia and the Basque Country were the only political entities demanding political autonomy to ac- commodate their national identities in the new Constitution. Today, after thirty years of demo- cratic and constitutional development, we can see that the possibilities offered by the Spanish Constitution to recognize and accommodate the multinational character of the Spanish state have been lost. This article examines causes of this failure to take advantage of the possibilities provided by the Spanish Constitution to pro- vide for asymmetrical political autonomy for minority nationalities.
FROM AN ECONOMIC AND POLITICAL PARTNERSHIP BETWEEN QUEBEC AND CANADA TO A CANADIAN UNION
Authors: Turp Daniel
Published: June 2017

FROM AN ECONOMIC AND POLITICAL PARTNERSHIP BETWEEN QUEBEC AND CANADA TO A CANADIAN UNION
AUDITOR GENERAL LOSES BATTLE AGAINST FEDERAL CABINET
Authors: Schneiderman David
Published: June 2017

Auditor general loses battle agains federal cabinet