bluuebunny/crossref_metadata_2025 huggingface dataset:
THE ISRAELI CONSTITUTION AND THE FIGHT AGAINST TERRORISM
Authors: Bendor Ariel L.
Published: June 2017

The obvious security difficulties in Israel also carry problematic political, economic and social consequences. The unique Israeli condition — as a young democratic state, whose mere existence is still not self-evident to all — also has legal implications. In Israel, the law and the courts of law are often involved in resolving political issues, including issues pertaining to foreign and security policy. This involvement is more intensive in Israel than in many other democracies.1 That is why one might be interested in comprehending some legal aspects, especially those of constitutional law, that are present in the background of Israeli reality.
Political Accountability in Appointments to the Supreme Court of Canada
Authors: Whyte John D
Published: June 2017

There are many issues related to the method and formal structure of a hearing process. There are also legitimate concerns about the damage that might be done to the Supreme Court or the judicial branch generally by hearings, chiefly the risk of political partisanship in the review process, which might be perpetuated through politically partisan conflict among the members of the Court. Neither the issues of implementation nor strategies for reducing the risks of injuring the Supreme Court’s reputation or eroding confidence in the legal process through coarse politicization of a hearing process are addressed in this paper, although they are hardly insignificant concerns. The matters discussed in this article are, first, the case for instituting legislative hearings and, second, assessing the value of hearings in terms in light of the types of questions that can properly be explored in hearings before a parliamentary committee.
Jurisdictional Justice, Democracy and the Story of Insite
Authors: Lessard Hester
Published: June 2017

Insite, North America’s first legally sanctioned safe injection site, opened its doors in 2003. It did so after several years of political struggle by a network of community groups in Vancouver’s Downtown Eastside (DTES), the neighbourhood it serves. The grassroots movement secured support at municipal, provincial, and federal levels of government. The latter expressed its approval by granting an exemption that protected Insite staff and patients from prosecution for possession of illegal substances under the federal Controlled Drugs and Substances Act (CDSA ). The remarkable political consensus in favour of Insite came apart in 2008 when the federal government, after the election of the Harper Conservatives, declined to extend the exemption. As a consequence, Vancouver Area Network of Drug Users (VANDU) and the Portland Hotel Community Services Society (PHS), the non-profit that operates Insite, along with two Insite clients, brought an action against the federal government in the B.C. Supreme Court. The provincial government intervened.2 The key arguments were that either the CDSA is inapplicable (and therefore the exemption is unnecessary) because primary jurisdiction over health resides with the province, or that the application of the provisions prohibiting possession in the federal statute violates the section 7 Charter rights3 of clients seeking treatment at Insite.
CONSTITUTIONALIZING THE PATRIARCHY: ABORIGINAL WOMEN AND ABORIGINAL GOVERNMENT
Authors: Green Joyce
Published: June 2017

CONSTITUTIONALIZING THE PATRIARCHY: ABORIGINAL WOMEN AND ABORIGINAL GOVERNMENT
THE CHRISTIAN RIGHT, THE FEDERAL COURTS, AND THE CONSTITUTION IN THE UNITED STATES
Authors: Garber Judith A.
Published: June 2017

Twenty-five years have passed since the newly formed Moral Majority helped put Ronald Reagan in the White House and a Republican majority in the United States Senate. The Moral Majority was one organization (and its founder, the Reverend Jerry Falwell, one figure) at the centre of an emerging evangelical Protestant social movement. This movement was galvanized by two aims: defeating the Equal Rights Amendment,3 which Congress submitted to the states for consideration in 1972, and contesting the U.S. Supreme Court’s 1973 Roe v. Wade4 ruling, which recognized a constitutional right to abortion. In the early 1980s, “New Christian Right” was an accurate description of the first widespread public engagement of evangelicals in half a century.
ROCKET V. ROYAL COLLEGE OF DENTAL SURGEONS OF ONTARIO: PROFESSIONAL ADVERTISING AND THE LIMITS OF REGULATION
Authors: Ross June
Published: June 2017

ROCKET V. ROYAL COLLEGE OF DENTAL SURGEONS OF ONTARIO: PROFESSIONAL ADVERTISING AND THE LIMITS OF REGULATION
Les leçons de Jordan, I : quelles sont les voies de recours extraordinaires contre un arrêt de la Cour suprême?
Authors: St-Hilaire Maxime
Published: June 2017

Récemment, dans de très nombreuses affaires, l’approche de l’échéance procédurale qu’a introduite l’arrêt Jordan de 2016 a pu faire se demander s’il était possible d’obtenir une forme ou une autre de « suspension » judiciaire de cet arrêt. C’était l’automne dernier, surtout au Québec, où l’appréhension suscitée par l’imminente et systématique arrivée de l’échéance s’est largement traduite par une grogne populaire à l’encontre de l’arrêt, par la volonté exprimée que le poursuivant puisse s’y dérober ainsi que par une instrumentalisation politique certaine de cette grogne et de cette volonté.
R. V. CHAULK AND R. V. SWAIN: INSANITY AND THE CONSTITUTION
Authors: Deutsher David
Published: June 2017

R. V. CHAULK AND R. V. SWAIN: INSANITY AND THE CONSTITUTION
Introduction
Authors: Leeson Howard
Published: June 2017

This special issue of the Constitutional Forum publishes, for the first time, several articles and documents which have hitherto not been available or discussed in detail. In particular, it examines several events occurring between October 1980 and October 1981 from new perspectives. These perspectives come from participants who were either less well-known or not perceived to have been central or critical to the direction of negotiations during this period of time.The articles in this special issue collectively argue that these “other” participants were important in their own right, and the shape of patriation — if it had occurred at all — would have been considerably different had these individuals not been involved.
COMMITMENT AND COMMUNITY IN THE INTER-REFERENDUM PERIOD
Authors: Webber Jeremy
Published: June 2017

COMMITMENT AND COMMUNITY IN THE INTER-REFERENDUM PERIOD
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
Quelques opportunités et défis conceptuels, fonctionnels et politiques du fédéralisme
Authors: Cyr Hugo
Published: June 2017

Le fédéralisme, par définition, n’est pas une chose simple. Mais les choses simples ne sont pas nécessairement les plus belles, les plus efficaces ou les meilleures. L’État-Nation souverain paraît peut-être bien simple, mais il n’est pas pour autant le meilleur agencement politique que l’on puisse imaginer en toute circonstance. En fait, les différentes formes de fédéralisme visent particulièrement à dépasser les solutions parfois trop simplistes que le modèle de l’État-Nation souverain prétend offrir. Toutefois, c’est trop souvent en référence à ce dernier modèle que le fédéralisme se conçoit.
BEADS AND TRINKETS TAKE ON NEW FORM IN FEDERAL CONSTITUTIONAL PROPOSALS FOR ABORIGINAL PEOPLES IN CANADA
Authors: Chartrand Larry
Published: June 2017

BEADS AND TRINKETS TAKE ON NEW FORM IN FEDERAL CONSTITUTIONAL PROPOSALS FOR ABORIGINAL PEOPLES IN CANADA
Was the Supreme Court right to change the law on the right to a speedy trial?
Authors: Sirota Leonid
Published: June 2017

In R v Jordan, the Supreme Court of Canada held, by a 5-4 majority and over the vigorous disagreement of the concurrence, that criminal prosecutions in which a trial does not conclude by a set deadline will be presumed to breach the right to be tried within a reasonable time, protected by section 11(b) of the Canadian Charter of Rights and Freedoms. The acceptable length of proceedings set out in the decision is of 18 months from the day charges are laid for cases that proceed without a preliminary inquiry, and 30 months otherwise. The Crown can still show that exceptional circumstances outside of its control have arisen and can explain — and excuse — a case taking longer than that, but unless it does so, a stay of proceedings will be the automatic consequence of such delay. Meanwhile, an accused will be able to show that delay below these ceilings is unconstitutionally unreasonable, but only by demonstrating not only that the delay is “markedly” greater than reasonable, but also that he or she diligently sought to have the case heard sooner.
R. V. SHARPE AND THE PRIVATE POSSESSION OF CHILD PORNOGRAPHY
Authors: Ross June
Published: June 2017

R. V. SHARPE AND THE PRIVATE POSSESSION OF CHILD PORNOGRAPHY
COMMENTS
Authors: Swinton Katherine
Published: June 2017

COMMENTS
CANADA AFTER MEECH
Authors: Elman Bruce P , McLellan Anne
Published: June 2017

CANADA AFTER MEECH
STARVING IN THE SHADOW OF LAW: A COMMENT ON FINLAY V. CANADA (MINISTER OF FINANCE)
Authors: Young Margot
Published: June 2017

STARVING IN THE SHADOW OF LAW: A COMMENT ON FINLAY V. CANADA (MINISTER OF FINANCE)
A Project to Reduce Canadians' Constitutional Illiteracy
Authors: Russell Peter H
Published: June 2017

How is it determined who is prime minister? Does the leader of the party that wins the most seats in the House of Commons, or that gets the most votes in the election automatically become prime minister? Who appoints cabinet ministers? Do cabinet ministers have to be MPs? Who appoints deputy ministers? What are deputy ministers? What are parliamentary secretaries? What is the PCO? What is the PMO? How is the Governor General selected? What are the Governor General’s powers? What is the role of the Queen in governing Canada? What contact, if any, can senior civil servants have with opposition parties? What contact, if any, can government leaders have with judges? How are treaties with foreign countries ratified? Why does Canada have treaties with Aboriginal peoples? Are there any constraints on federal spending in areas of provincial responsibility? What is the constitutional status of the northern territories and how does the federal government’s relationship with them differ from its relations with the provinces?A Canadian citizen who wants to know how her country is governed should be able to get clear, authoritative answers to these questions without much trouble; so should a civics teacher in a school classroom or a person preparing immigrants for Canadian citizenship. These are not small technical questions — they are basic to knowing how Canadian government and democracy work — yet the citizen who looks for answers to these questions in the written text of Canada’s Constitution will look in vain.
Complexity and the Amending Formula
Authors: Glover Kate
Published: June 2017

Thinking boldly about Senate reform means no longer relying on claims about Canada’s constitutional amending formula as a crutch for stagnation. Despite rhetoric to the contrary, theamending formula is not responsible for stalled progress on Senate reform. To be sure, the formula is intricate, detailed, and sustains multiple reasonable interpretations. It was difficult to entrench and requires widespread support to be changed; it calls on political actors to reach some measure of consensus in order to achieve certain constitutional reforms. However, the amending formula is neither impenetrable nor incomprehensible.  It is neither a Rubik’s cube nor an instruction manual. And, it should not be cast as the scapegoat for the effects of partisanship or failures of leadership in implementing reform.
Where did Trudeau go wrong? On the Question of Nationalism and Charter Patriotism in Canada
Authors: Ipperciel Donald
Published: June 2017

In an attempt to overcome national rival- ries, many will invoke the idea of constitutional patriotism. This idea, which serves as a collec- tive cement, is conceived as a rational commit- ment and loyalty towards the democratic and universal principles of liberal constitutions. The universalism of constitutional principles serves as a shield against national particular- isms. Indeed, this was precisely the intention of Jürgen Habermas, one of the most famous advocates of constitutional patriotism. With this political idea, Habermas set out to defeat Teutonic nationalism and its antimodern and chauvinistic manifestations. If nationalist pas- sions can be subdued, it would be with the help of such a “postnational” attitude.
STARR TREK: THE UNFINISHED MISSION
Authors: Gibson Dale
Published: June 2017

STARR TREK: THE UNFINISHED MISSION
Reflections on the Kitchen Accord
Authors: Romanow Roy J
Published: June 2017

It is, indeed, an honour to be a part of the Patriation Negotiations Conference, sponsored by the Centre for Constitutional Studies, exploring the method and substance of Canada’s most significant constitutional development since Confederation. I want to say a word about why this conference matters.  Canada’s search to understand its dynamics and its values was an important step in national self-awareness.  To my mind, Patriation reflects both a point of constitutional maturity and a point of sophisticated intergovernmental process.
SHAPING WHAT FUTURE FOR CANADA? A PROSPECTIVE ANALYSIS OF THE FEDERAL GOVERNMENT'S CONSTITUTIONAL PROPOSALS
Authors: Denis Claude
Published: June 2017

SHAPING WHAT FUTURE FOR CANADA? A PROSPECTIVE ANALYSIS OF THE FEDERAL GOVERNMENT'S CONSTITUTIONAL PROPOSALS
STEPPING STONE OR PYRRHIC VICTORY? REFORM AND THE REFERENDUM
Authors: Harrison Trevor
Published: June 2017

STEPPING STONE OR PYRRHIC VICTORY? REFORM AND THE REFERENDUM
LE DIPTYQUE CÔTÉ-ADAMS OU LA PRÉSÉANCE DE L’ORDRE ÉTABLI DANS LE DROIT POST-COLONIAL DES PEUPLES AUTOCHTONES
Authors: Otis Ghislain
Published: June 2017

LE DIPTYQUE CÔTÉ-ADAMS OU LA PRÉSÉANCE DE L’ORDRE ÉTABLI DANS LE DROIT POST-COLONIAL DES PEUPLES AUTOCHTONES
THE FEDERAL ELECTORAL REGIME CONFRONTS THE CHARTER ... AGAIN: A COMMENT ON SOMERVILLE V. CANADA (A.G.)
Authors: Jenson Jane
Published: June 2017

THE FEDERAL ELECTORAL REGIME CONFRONTS THE CHARTER ... AGAIN: A COMMENT ON SOMERVILLE V. CANADA (A.G.)
The Applicability of Section 7 of the Charter to Oil and Gas Development in Alberta
Authors: Vlavianos Nickie
Published: June 2017

When Albertans think about human rights in the context of oil and gas development, many think of Africa, and for good reason. Indeed, the tragic events that have unfolded in Sudan in recent years may come to mind. Few, however, will turn their minds to the possibility of human rights violations occurring in their own province. And yet, in at least three court applications over the past year or so, landowners have raised the spectre of the applicability of human rights law in the context of oil and gas development in Al- berta. Specifically, the possibility of the applica- tion of section 7 of the Canadian Charter of Rights and Freedoms is at issue.1 Arguments have been based on both aspects of section 7 — the right to life, liberty, and security of the person, and the right not to be deprived thereof except in accor- dance with the principles of fundamental justice (or procedural fairness), including rights to a fair hearing, to reasonable notice, and to reasons for a decision. Although no definite ruling has yet emerged, in none of these cases was it suggested that section 7 is inapplicable in the context of the actual and potential environmental and health impacts of oil and gas development (or other industrial development for that matter). Where there might have been doubt about this issue be- fore, there does not appear to be any now.
The Truth About Canadian Judicial Activism
Authors: Anand Sanjeev
Published: June 2017

The topic of judicial activism in Canada generates considerable disagreement. At a recent conference, retired Supreme Court of Canada Justice John Major stated that “there is no such thing as judicial activism in Canada.”1 In 2001, speaking in his capacity as the Canadian Alliance’s Justice critic, the current federal Minister of Justice and Attorney General, Vic Toews, told Parliament that the Supreme Court has “engaged in a frenzy of constitutional experimentation that resulted in the judiciary substituting its legal and societal preferences for those made by the elected representatives of the people . . . [producing] legal and constitutional anarchy.”2 One prominent constitutional scholar fears that the debate on judicial activism in Canada has begun to produce excessive judicial deference that allows legislatures and officials to act without scrutiny by the judiciary concerning the effects of state action on vulnerable minorities.
LIVING TREE OR WIRED BONSAI? THE FEDERAL GOVERNMENT'S CONSTITUTIONAL PROPOSALS ON THE ECONOMIC UNION
Authors: Trimble Linda , Morley Connie
Published: June 2017

LIVING TREE OR WIRED BONSAI? THE FEDERAL GOVERNMENT'S CONSTITUTIONAL PROPOSALS ON THE ECONOMIC UNION
FROM “INDIANS” TO “FIRST NATIONS”: CHANGING ANGLO-CANADIAN PERCEPTIONS OF THE NORTH AMERICAN INDIAN IN THE TWENTIETH CENTURY*
Authors: Donald Smith B.
Published: June 2017

A look at three university-organized conferences, the first in 1939, the second in 1966, and the most recent in 1997, reveals an increasing awareness of Aboriginal issues — particularly in the 1990s. From the mid- to the late twentieth century, Indians, now generally known as the First Nations, moved from the periphery into the centre of academic interest. The entrance of Aboriginal people, “the third solitude,” has altered completely the nature of Canada’s unity debate. Section 35 of the Constitution Act, 19821 affirms the existence of Aboriginal and treaty rights. The definition of “Aboriginal peoples of Canada” in the new constitution of 1982 now includes the Métis, as well as the First Nations and Inuit. Today, no academic conference in Canada on federalism, identities, and nationalism, can avoid discussion of Aboriginal Canada.
JUDICIAL INDEPENDENCE AND JUDICIAL ADMINISTRATION: THE CASE OF PROVINCIAL COURT JUDGES
Authors: Baar Carl
Published: June 2017

JUDICIAL INDEPENDENCE AND JUDICIAL ADMINISTRATION: THE CASE OF PROVINCIAL COURT JUDGES
TURP AMENDING THE CANADIAN CONSTITUTION: A MATHEMATICAL ANALYSIS
Authors: Flanagan Thomas
Published: June 2017

TURP AMENDING THE CANADIAN CONSTITUTION: A MATHEMATICAL ANALYSIS
THE POST-CRITICAL FUTURE OF LEGAL THEORY
Authors: Tushnet Mark V
Published: June 2017

THE POST-CRITICAL FUTURE OF LEGAL THEORY
SOVEREIGNTY POSTPONED: ON THE CANADIAN WAY OF LOSING A REFERENDUM, AND THEN ANOTHER
Authors: Denis Claude
Published: June 2017

SOVEREIGNTY POSTPONED: ON THE CANADIAN WAY OF LOSING A REFERENDUM, AND THEN ANOTHER
CONSTITUTIONAL DIALOGUES BETWEEN COURTS AND LEGISLATURES: CAN WE TALK?
Authors: Fraser The Honourable Chief Justice Catherine A
Published: June 2017

The topic we have been asked to address is Courts on Legislatures.1 This raises the issue about the nature of the relationship between courts and legislatures in a constitutional democracy (and for my purposes, I treat the executive and legislative branches as one). The relationship between courts and legislatures is complex and challenging. However, it need not be controversial and conflicted as long as each understands and respects the institutional role played by the other – and the dividing line between them.
The Politics of Hate Speech: A Case Comment on Warman v Lemire
Authors: Agarwal Ranjan K.
Published: June 2017

In September 2009, the Canadian Human Rights Tribunal waded into a highly public and acrimonious debate about the role of human rights tribunals and commissions, especially in policing hate speech. In Warman v Lemire,1 the Tribunal held that section 13(1) of the Canadian Human Rights Act2 (CHRA), which prohibits the communication of hate messages, infringed the constitutional guarantee of freedom of expression, section 2(b) of the Charter of Rights and Freedoms.3 The decision added to a firestorm of media, political and academic debate about whether anti-discrimination statutes should prohibit hate speech. The Warman decision is complicated by a twenty-year-old Supreme Court ruling, in a 4–3 decision, that a predecessor provision in the CHRA is constitutional. In this article, I argue that the Tribunal’s decision is logically unsound and likely the result of ends-based or teleological reasoning. In my view, ends-based reasoning does not assist in Charter analysis as it produces decisions that call into question the legitimacy of the courts. This article first outlines the facts in Warman and the Tribunal’s holding on the constitutional issues. It goes on to survey the legal and constitutional background to the Warman decision and discuss the Taylor precedent. It then describes the Tribunal’s reasoning on constitutional issues, including the Taylor decision and amendments to the CHRA after Taylor. Finally, it criticizes the Tribunal’s ends-based reasoning and argues that this type of reasoning is illegitimate in constitutional decision-making.
Trial Lawyers of British Columbia v British Columbia: Section 96 Comes to the Access to Civil Justice Debate
Authors: Morley J Gareth
Published: June 2017

You can bemoan or you can celebrate, but you cannot deny that the Canadian Charter of Rights and Freedoms fundamentally changed Canadian criminal procedure. In contrast, until recently, civil proceduralists could confidently ignore constitutional law. All attempts to constitutionalize principles of civil justice had been rebuffed by the courts. That appears to be how the framers of the Charter wanted it. The Legal Rights set out in sections 7 through 14 of the Charter speak of deprivation of “life, liberty and security of the person”, “arrest” and “detention”, being charged with an “offence” or of “punishment and treatment”. Those caught up in the criminal justice system are precisely the kind of unpopular minority the framers thought needed protection from populist majoritarianism. On the other hand, the Charter demonstrates no desire to interfere with the long tradition of provincial autonomy and experimentation with civil justice. As a result, the Court early on decided that even where the Legal Rights are unclear, they do not apply to civil litigation.But the Supreme Court of Canada’s decision in Trial Lawyers Association means that those interested in civil procedure, and its possible reform, can no longer ignore the Constitution without risk. The Court held that a right of access to superior courts is protected by section 96 of the Constitution Act, 1867, as informed by the unwritten principle of the rule of law. British Columbia’s hearing-fee scheme — in place since before Confederation — was held to be unconstitutional because its exemption for the “impoverished” was found not to be wide enough to protect that right for middle-class would-be litigants. This comment will argue that the impact could be significant, since all issues in civil and family procedure can be reconceived in terms of access to courts. Unfortunately, the constitutionalization of civil procedure is unlikely to improve the systemic problems that deny middle class Canadians the realistic option of a day in court.
Constitutional Law and the Alberta Energy Regulator
Authors: Lambrecht Q.C. Kirk N.
Published: June 2017

This essay reviews general principles regarding a tribunal’s ability to consider constitutional law, and then makes observations about the Alberta Energy Regulator (the Regulator or AER) and its capacity to consider constitutional law. The questionultimately explored is the Regulator’s capacity to both respect and contribute to the fulfilment of the constitutional norms and obligations of the province that created it.
TWELVE PARADOXES OF JUDICIAL DISCIPLINE
Authors: McCormick Peter
Published: June 2017

TWELVE PARADOXES OF JUDICIAL DISCIPLINE
ABORIGINAL AND TREATY RIGHTS - RECONCILING POWERS AND DUTIES: A COMMENT ON HORSEMAN, SIOUI AND SPARROW
Authors: Bell Catherine
Published: June 2017

ABORIGINAL AND TREATY RIGHTS - RECONCILING POWERS AND DUTIES: A COMMENT ON HORSEMAN, SIOUI AND SPARROW
UNSTABLE FOUNDING: PQ ASSUMPTIONS AND THE INDEPENDENCE PROJECT
Authors: Brown Douglas
Published: June 2017

UNSTABLE FOUNDING: PQ ASSUMPTIONS AND THE INDEPENDENCE PROJECT
INTRODUCTION
Authors: Kermoal Nathalie , Couture Claude
Published: June 2017

Lors de la collation des grades de l’Université de l’Alberta, le 18 novembre 1998, Claude Ryan, à qui l’on remettait un doctorat honorifique, déclarait : « Il serait superficiel de croire que l’ère des nations est terminée. Les questions que l’on doit se poser à ce sujet portent non pas sur la survie des nations comme telles mais plutôt sur la nature et l’étendue des pouvoirs qu’exerceront les gouvernements nationaux... »
Four Lenses of Patriation
Authors: Leeson Howard
Published: June 2017

The last article, “The Four Lenses of Patriation”, is interpretive rather than descriptive. It deals specifically with how historians, academics, policy-makers, and the general public have come to view patriation. It suggests that there are four lenses through which it can be viewed. These lenses depend on our view of the outcomes and the participants in the project.
CANADIAN MULTICULTURALISM IN HISTORICAL AND COMPARATIVE PERSPECTIVE: IS CANADA UNIQUE?
Authors: Kymlicka Will
Published: June 2017

The title of this conference implies that there is something unusual or distinctive about the way Canada deals with issues of cultural diversity. Is this true? In his introductory remarks, Professor Abu-Laban suggested that what is distinctive to Canada is not the sheer fact of diversity — one can find equally high levels of ethnic, linguistic and religious diversity in the United States, Brazil or Nigeria — but rather the legal and institutional response to diversity.1 Canada is unique, he suggested, in that our laws and institutions accommodate and promote diversity, most obviously through the Multiculturalism policy.
Notes from an Insider: Some Bold Ideas on Senate Reform
Authors: Cowan Senator Jim
Published: June 2017

I have a stake in our succeeding in finding a way forward for the Senate, and not because I expect to be there a long time — in fact, I have less than two years before I reach the constitutional age of retirement. I believe the Senate can still serve a useful, indeed important, purpose for Canadians. I have seen its potential “up close and personal,” as they say, but I don’t believe it is reaching anywhere near that potential now.  In fact, it is very frustrating and sometimes even discouraging to witness what is going on. Boldness is indeed required for Senate reform, and I suspect that, for some, a good dose of courage may be needed as well.
Equalization, Regional Development, and Political Trust: The Section 36/Atlantic Accords Controversy
Authors: Bickerton James
Published: June 2017

The controversy generated by the federal government’s unilateral alteration of the Atlan- tic Accords,1 and the subsequent bitter political standoff between the federal government and the provinces of Nova Scotia and Newfound- land and Labrador, was the initial stimulus for this article. The agreements, the alleged breach of trust involved in their unilateral alteration, and the political fallout, manoeuvrings, and ne- gotiations that followed, raise a number of is- sues about the mechanisms and pathologies of executive federalism in Canada. This episode also provides some insight into a continuing source of misunderstanding and grievance that persists in centre-periphery relations in Canada — the issues of equalization and regional devel- opment. The purpose of this article is to use the controversy as a case study to inquire into these issues, with a view to making an incremental contribution to the critical literature on the in- stitutions of Canadian federalism.
LIVING TREE?
Authors: Hutchinson Allan
Published: June 2017

LIVING TREE?
UPDATE IN ISRAEL
Authors: Forum Constitutional
Published: June 2017

UPDATE IN ISRAEL
Faith in Rights: the Struggle Over Same- Sex Adoption in the United Kingdom
Authors: Stychin Carl F.
Published: June 2017

Over the past decade of Labour government in the United Kingdom (U.K.), the regulation of sexual orientation through law has frequently been explained by its supporters through a nar- rative of progress and even emancipation. The most recent junction in this journey came in 2007, with the coming into force of the Equality Act (Sexual Orientation) Regulations on 30 April 2007.1 These Regulations contain measures pro- hibiting discrimination on grounds of sexual orientation in the provision of goods, facilities and services, education, the use and disposal of premises, and the exercise of public functions.
Calls for Papers
Authors: Malena Anne
Published: June 2017

Two
The Lifeline of Chromos: Translation and Felipe Alfau
Authors: Galasso Regina
Published: June 2017

When Felipe Alfau’s novel Chromos was published in 1990, approximately fifty years after its creation, it was nominated for the National Book Award in the US and critics repeatedly commented on the novel’s unique language. For most critics, Alfau’s language was special because of the New York-based, Spanish-born author’s decision to write in English. Alfau’s profession as a bank translator has often been dismissed as having any relation with his literature save its disconnection from his creative writing. In this article, I argue that translation techniques are responsible for the extraordinary language of Chromos, and further, that the novel’s existence relies on the narrator’s role as a translator. Translation in Chromos is an integral and essential part of literary creation-- especially for an author working in a multilingual and multinational setting--to the extent that the novel, in its original version, impersonates a translation.
The Absent One
Authors: Muneroni Stefano
Published: June 2017

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Is The World Enough? Culture, Translation, and Impassable Differences in the Life of Victoria Ocampo
Authors: Wilkinson Marta L.
Published: June 2017

Victoria Ocampo’s work and linguistic aptitude were often criticized due to her gender and privileged social position. Her abilities were seen as intrusions into languages, cultures and a world of intellectual exchange in which she was tolerated, but never accepted. In light of recent studies on intercultural maturity, this essay argues that Ocampo’s relationship between language and culture can now be read as a blueprint for the modern world. This world is that of increased interest in globalization, one in which it is less and less rare that family members need a passport in order to visit one another, and in which heritage language speakers are no longer the odd minority. The world today is marked by transculturation and other incidences of overlapping ethnic and national heritages historically isolated for their “otherness” within a dominant socio-cultural structure seeking homogeneity to a white, western European ideology.
Introduction
Authors: Malena Anne
Published: June 2017

Introduction to Issue 7.1 (2015)
La imagen y el texto en Le Photographe: una reflexión sobre fotoperiodismo, cómics y traducción
Authors: Aragao Sabrina Moura
Published: June 2017

Este trabajo analiza cómo se produce el conocimiento del otro, es decir, del extranjero, a partir de la imagen y del texto en la traducción al portugués de Brasil del cómic francés “Le Photographe”. La obra está compuesta por dibujos, de Emmanuel Guibert, y de fotografías realizadas por Didier Levèfre que narran el trabajo de los Médicos Sin Fronteras durante la guerra en Afganistán a mediados de los años 1980. La obra fue publicada por primera vez en Francia en 2003 y en Brasil en 2006. Le Photographe constituye un rico material para el análisis gracias a la simultaneidad de discursos: el periodístico y el del cómic, al mismo tiempo que también propicia una reflexión sobre el proceso de traducción, ya que la obra intenta representar una cultura extranjera – la afgana – para franceses (en el contexto original) y para brasileños (en el contexto de la traducción), lo que produce distintas representaciones y forma identidades culturales sobre aquel pueblo en los dos contextos de lectura de la obra. De esta manera, en el transcurso de la lectura del original a la traducción se construyen distintos tipos de conocimiento. Cuando analizamos Le Photographe, que se vale de un discurso periodístico y documental con las fotografías y la narración de los hechos de la guerra, nos vemos ante la construcción de “realidades”, y el periodismo tiene, para el sentido común, el poder de mostrar lo “real”. Nos interesa, entonces, investigar y discutir la formación de representaciones de la alteridad y de la “realidad” en el ámbito de los estudios de la traducción de cómics, observando la relación entre imagen y texto propio de este lenguaje y de qué manera el texto original y el traducido contribuyen, o no, para la formación de nuevas identidades culturales acerca del pueblo afgano.
Lumumba’s Bike
Authors: Defraeye Piet
Published: June 2017

Sven Augustijnen is a Belgian film maker and visual artist. In 2012 he contributed a piece called AWB 082-3317 7922 to the Track exhibition in the city of Gent (Belgium). Track invited artists to provide art installations that were site-specific, and engaged with local narratives, history, and situations. Augustijnen had an old bike chain-locked against a park tree, with a bunch of charcoal on its baggage rack; it stood in the vicinity of the so-called “Moorken” monument, a memorial for the heroic adventures of the brothers Van de Velde in Congo Free State, erected in Gent’s prominent Citadelpark at the end of the 19th century. The idea of AWB 082-3317 7922 came about during the shooting of his film Spectres (2011), in which Augustijnen goes in search for the location of Patrice Lumumba’s assassination in Katanga, Congo, in January 1961. While the theme of the bike installation is the (only partially resolved) murder of Patrice Lumumba, first Prime Minister of the newly independent Congo, the piece spawns a spatial and historical cartography of events and developments within the park landscape as well as the greater urban, and global scope. It is the kind of street art that needs its environment for any chance of meaning, which derive from the contiguities it allows and creates.
I Don’t Remember
Authors: Shields Rob
Published: June 2017

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Beyond Translating French into English: Experiences of a Non-Native Translator
Authors: Namukwaya Harriett
Published: June 2017

This paper documents a non-native translator’s experience in an academic setting, focusing on the challenges of translating different kinds of texts from French into English at the Institute of Languages, Makerere University. Makerere Institute of Languages (MIL) is composed of four clusters: Foreign Languages, African Languages, Communication Skills and Secretarial Studies, Service Courses and Soft Skills (Wagaba 97). The services offered include teaching language skills and culture to university students and the general public; communication skills to people who want to improve in English, French, German, Arabic, Swahili and local languages; and translation and interpretation in the languages mentioned above. These services are offered at this institute because there is no other well-recognised institution in Uganda that engages in translation or interpretation, yet there is always a big demand for them. The emphasis in this study is on teachers of French who also render translation services to a wide range of clients at the Institute of Languages. The main focus is on the experiences and opinions of non-native translators. The aim is to highlight the challenges a non-native translator encounters in the process of translating different categories of documents from French into English for purposes of validation of francophone students’ academic documents and their placement in Uganda universities, verification of academic qualification of teachers from francophone countries who come to Uganda in search of teaching jobs, and mutual understanding at international conferences held in Uganda whose delegates come from francophone countries. Selected texts will be critically examined to illustrate the specific challenges a non-native speaker encounters while translating from and into a language or languages which are not his/her first language or mother tongue. The paper deals with the following questions: What does the process of translating involve? What are the challenges encountered? Does every fluent French language teacher qualify to be a competent translator? What factors determine ‘competence’ in translation? What are the limitations faced in an academic setting? The discussion is based on the premise that competence in translation requires linguistic and intercultural competence, among other competencies. The outcome contributes to the understanding that translation in any setting is ultimately a human activity, which enables human beings to exchange information and enhance knowledge transfer regardless of cultural and linguistic differences.
Getting from Here to There
Authors: Solway David
Published: June 2017

The task of translation is obviously impossible. But since we are the kind of creature that is programmed to succeed at failure, we are constantly propelled forward toward transcendence of limitation. Translation is the paradigm of all human striving, doomed to failure yet married to desire, and is therefore the inescapable expression of being human.
The Use of Translation Notes in Manga Scanlation
Authors: Fabbretti Matteo
Published: June 2017

This article investigates the use of translation notes to deal with translation problems. In Translation Studies, the presence of translation notes in a translation is considered particularly significant because they clearly indicate what features of the source text the translator considered important for the comprehension of the text and therefore necessary to retain or explain. In the field of comics in translation, the use of T/N is rather uncommon, and can be considered the main translation strategy that distinguishes scanlation from other types of translations.

In the first part of this article, the structure of the English-language manga scanlation communities is examined; following this, the way culture-specific items are dealt with by manga scanlators is analysed; and finally, an explanatory hypothesis linking the broader structure of participation to individual translation strategies is presented. The argument put forward in this article is that translation notes are used in scanlation both to solve translation problems and as a way for scanlators to communicate directly with their readers, thereby foregrounding their mediating presence directly on the pages of scanlated manga.
Handmaidens to Translators versus Feminist Solidarity – Opposing Politics of Translation in the Galician Literary System
Authors: Reimondez Maria
Published: June 2017

Lori Chamberlain’s eye-opening article “Gender and the Metaphorics of Translation”, originally published in 1988, first described translators in general as “handmaidens to authors”. This fruitful analysis helped open up interesting avenues for feminist translation. On the one hand, it highlighted the need for a reformulation of the actual theoretical concepts underlying traditional translation theory; while on the other, it opened up questions regarding the status of women translators in practice. However, further studies have questioned this idea of the translator as female and inferior. For example, postcolonial approaches have shown that Western translators have usually exercised their power to interpret the Other in ways that were complicit with colonial endeavours. It is in this framework that this article explores the power implications of translation for the Galician literary system. The Galician literary system may be interesting as it can be seen as a non-hegemonic system (inside Europe) or a hegemonic one (outside Europe). The analysis of two translations, that of Jean Rhys’ Wide Sargasso Sea by Manuel Forcadela, and that of Sandra Cisneros’ Loose Woman by Marilar Aleixandre shall explore two opposing trends. The first one is a trend in which the discourse of the non-hegemonic position of Galician actually allows for patriarchal and colonial interventions in translation, while the other one takes feminist solidarity as a base for a relationship with the female postcolonial Other.
Carrière, Marie. Médée protéiforme. Ottawa : Les Presses de l’Université d’Ottawa, 2012.
Authors: Guyot Adrien
Published: June 2017

Médée, figure féminine incontournable de la mythologie grecque, mère coupable de fratricide et d’infanticide, a longtemps fasciné lecteurs, écrivains et chercheurs. Si le personnage de Médée constitue par son acte un être unique dans la mythologie, force est de constater que l’infanticide est un sujet prisé de la littérature féminine actuelle.

Comparatiste de formation, Marie Carrière, professeure de littérature à l’Université de l’Alberta où elle dirige également le Centre de littérature canadienne (CLC), propose à ce titre de se pencher sur huit œuvres : La Médée d’Euripide (1986) de Marie Cardinal, Flowers & No More Medea (1994) de Deborah Porter, Médée, Récits de femmes et autres histoires (1986) de Franca Ramee et Dario Fo, The Hungry Woman : A Mexican Medea (2001) de Cherrie Moraga, New Medea (1974) de Monique Bosco, Médée : voix (2004) de Christa Wolf, Petroleum (2004) de Bessora et Le livre d’Emma (2002) de Marie-Célie Agnant). Ces œuvres, aussi différentes soient-elles par leur contexte, revisitent, à travers des procédés d’écriture et de réécriture variés, le mythe de Médée (l’infanticide apparaissant comme source de différend) et façonnent de manière ou d’autre, le discours féministe actuel.
Sound and Sense – A Musical Look at Chinese Poetry in 1916
Authors: Raft Zeb
Published: June 2017

This essay examines two contributions related to “Chinese poetry” from Eunice Tietjens, an early editor of and contributor to the Chicago-based magazine Poetry. In the first, Tietjens uses western musical notation to transcribe the “tunes” of two Chinese scholars chanting a short poem. The second is a group of Tietjens’s own poetic sketches of the China she witnessed on her 1916 visit. Taken together, these projects provide a useful commentary on the translation of Chinese poetry in the early 20th century.
Minor Marks and Modifications: Foot Traffic
Authors: Campbell Craig
Published: June 2017

This contribution is part of a larger project that explores graffiti and other non-official and often illicit acts of public marking outside of the usual juridicial frameworks. The project focuses on the phenomenology of looking, on the emplaced and embodied act of seeing in the world. This specific bit of writing is a companion piece to a long-term photo project on street art that occurs on the street itself (rather than walls). This project, called "Foot Traffic," is distinguished by a square format and the prominent inclusion of the photographer's feet. This playful use of what is typically read as an unintentional inclusion functions to draw attention to positionally and spectatorship. The feet tie the image of the subject (the graffiti) to the location of the pedestrian spectator.
“Hey Guys , Once Upon a Time was Sexist Language ...”
Authors: Tarif Julie
Published: June 2017

This article adopts a contrastive approach and focuses on sexist practices in language – in French and in English – affecting women. It investigates the extent to which these practices are embedded in both languages, along with the recommendations the communities speaking those languages make to encourage the use of a more inclusive language. It also centers on the use of non-sexist language by James Finn Garner in his politically correct bedtime stories and their translations, as a practical case study revealing the challenge that reformulating sexist language into non-sexist language poses, not only on an intralingual level, but also on an interlingual level.
ASIA: Economic Success but Uncertain Future
Authors: Lane Jan-Erik
Published: June 2017

The rise of East Asia, South East Asia and South economically to become the leaders of global capitalism with some 50% of output in the world market economy has one negative drawback, namely the enormous increase in CO2 emissions in this part of the world. Together with general environmental stress, Asia may come pay a heavy price for its stunning economic success, if present trends continue over the 21st century. Asia, here with Australia added, cannot just wait for the eventual implementation of the COP21 Treaty. It needs to go ahead and become the leader in environmental protection.
Analysis of Korean adolescents' sexual experience and substance use
Authors: Lee Gyu-Young , Choi Yun-Jung
Published: June 2017

We investigated the relationship between Korean adolescents' sexual experience—including, kissing, petting, and sexual intercourse—and their alcohol consumption and use of illegal drugs and tobacco. We analyzed data taken from the responses of 74,186 adolescents who had
participated in the 2012 Korean Youth Health Behavior Online Survey. Variables regarding sexual experiences, experience of contraception, and substance and alcohol use were extracted and analyzed using descriptive statistics, chi-square tests, and logistic regression. The results showed that
fewer than 30% of the respondents reported always using contraception, and almost half reported rarely using contraception. The number of boys and girls reporting having had sexual experiences increased from 2 to 4 times when they also reported use of illicit drugs, smoking tobacco, or alcohol
consumption. The results highlight a need for school-based sex education supported by a national policy and the provision of basic resources to reduce the incidence of unprotected sex and to improve healthy behavior of adolescents.
Implementasi Mikrokontroler Dan SMS Gateway Pada Pengamanan Kendaraan Bermotor
Authors: Annah Annah , Nurdiansah Nurdiansah
Published: June 2017

Tujuan penelitian ini adalah untuk menghasilkan sebuah sistem pengamanan kendaraan bermotor berbasis mikrokontroler dan SMS Gateway yang dapat digunakan oleh pemilik kendaraan bermotor untuk memantau kendaraannya,menganalisis kebutuhan sistem, merancang rangkaian perangkat keras sistem secara mekanik dan elektronik, membuat kode program yang akan digunakan untuk mengontrol perangkat keras, menggabungkan kode program dengan perangkat keras melalui proses compiler dan downloader, menghubungkan SMS Gateway dengan sistem yang telah dibangun, menjalankan dan mengaktifkan semua fungsi kerja dari sistem pengendali perangkat keras, menguji perangkat keras dengan mengukur tegangan input dan outputnya pada titik tertentu dan menguji perangkat lunak dengan menggunakan pengujian blackbox dan statistik di mana pada pengujian ini akan diuji fungsi dari sistem yang dibangun sampai tidak terjadi error lagi kemudian nilai nilai yang dihasilkan dimasukkan ke dalam pengujian statistik. Metode perancangan yang digunakan adalah eksperimental dan pengujian. Tahap penelitian yang dilakukan adalah pengumpulan bahan dan alat, analisis kebutuhan sistem, merancang perangkat secara mekanik dan elektronik, pengkodean, dan pengujian. Berdasarkan hasil pengujian dapat disimpukan bahwa dari 12 komponen yang diuji terdapat 0% ketidaksesuaian. Oleh sebab itu sistem yang dibangun dpat difungsikan dengan baik.
Frequent Financial Reporting and Managerial Myopia
Authors: Kraft Arthur G. , Vashishtha Rahul , Venkatachalam Mohan
Published: June 2017

Using the transition of U.S. firms from annual reporting to semi-annual reporting and then to quarterly reporting over the period 1950–1970, we provide evidence on the effects of increased reporting frequency on firms' investment decisions. Estimates from difference-in-differences specifications indicate that increased reporting frequency is associated with an economically large decline in investments. Additional analyses reveal that the decline in investments is most consistent with frequent financial reporting inducing myopic management behavior. Our evidence informs the recent controversial debate about eliminating quarterly reporting for U.S. corporations.

JEL Classifications: M40; M41; G30; G31.