bluuebunny/crossref_metadata_2025 huggingface dataset:
The Committee Process: Platform for Participation or Political Theatre?
Authors: Zwibel Cara Faith
Published: June 2017

In Canada’s parliamentary democracy, the government controls the legislative agenda. At least in the case of a majority government, government bills tabled in the House of Commons will ultimately become the law of the land. While the passage of legislation emanating from the government may appear inevitable, the system is structured to provide multiple opportunities to debate and discuss legislative proposals. The process of making law provides some avenues to test and question legislative initiatives, particularly those that may appear inconsistent with Canada’s Constitution; lawmaking may also provide opportunities to ensure that the voices of Canadians — not all of whom feel represented by the government or their Members of Parliament (MPs) — are heard.Unfortunately, while some of these changes and many others are worthy of study and consideration, there is little evidence of any political will to reform the way our committees function. As a result, we are likely to continue to see political and partisan dramas play out before our committees and will have to look to different venues for meaningful participation and debate.
ISRAEL USHERS IN A CONSTITUTIONAL REVOLUTION: THE ISRAELI EXPERIENCE, THE CANADIAN IMPACT
Authors: Segel Zeev
Published: June 2017

ISRAEL USHERS IN A CONSTITUTIONAL REVOLUTION: THE ISRAELI EXPERIENCE, THE CANADIAN IMPACT
Key Theoretical Issues in the Interaction of Law and Religion: A Guide for the Perplexed
Authors: Berger Benjamin L.
Published: June 2017

There is perhaps no more important access point into the key issues of modern political and legal theory than the questions raised by the interaction of law and religion in contemporary constitutional democracies. Of course, much classical political and moral theory was forged on the issue of the relationship between religious difference and state authority. John Locke’s work was directly influenced by this issue, writing as he did about the just configuration of state authority and moral difference in the wake of the Thirty Years’ War. Yet debates about the appropriate role of religion in public life and the challenges posed by religious difference also cut an important figure, in a variety of ways, in the writings of Hobbes, Rousseau, Spinoza, Hegel, and much of the work that we now view as being at the centre of the development of modern political philosophy.
Les leçons de Jordan, III : à quelles conditions est-il légitime de déroger aux droits constitutionnels fondamentaux?
Authors: St-Hilaire Maxime
Published: June 2017

Dans quelles circonstances est-il légitime de la part du législateur de déroger aux droits constitutionnels fondamentaux? Jusqu’à ce qu’une argumentation convaincante soutenant le contraire soit produite, la réponse à cette question est selon moi la suivante : en situation d’urgence ou autrement exceptionnelle. Avant d’expliquer pourquoi, il convient de bien circonscrire le propos.
SOLUTIONS TO THE FUTURE OF CANADA AND QUÉBEC AFTER THE OCTOBER 26TH REFERENDUM: GENUINE SOVEREIGNTIES WITHIN A NOVEL UNION
Authors: Turp Daniel
Published: June 2017

SOLUTIONS TO THE FUTURE OF CANADA AND QUÉBEC AFTER THE OCTOBER 26TH REFERENDUM: GENUINE SOVEREIGNTIES WITHIN A NOVEL UNION
The Incremental Evolution of National Receivership Law and the Elusive Search for Federal Purpose
Authors: Wood Roderick J
Published: June 2017

There was a period when provincial legislation that trespassed too deeply into the federal field of bankruptcy and insolvency law was likely to be declared to be ultra vires as an invasion of the exclusive federal power in relation to that field. The five-to-four split in the 1978 Supreme Court of Canada decision in Robinson v Countrywide Factors Ltd was very much a turning point. Thereafter, the constitutionality of provincial legislation was almost invariably determined through the application of the paramountcy principle. Pursuant to this principle, a provincial statute is rendered inoperative to the extent that it conflicts with the federal statute. The Supreme Court of Canada has created a two-branched test for determining the presence of a conflict. Under the first branch, there is an operational conflict when it is impossible to comply with both the federal and the provincial statute. Under the second branch, there is a conflict when the operation of the provincial statute frustrates the purpose of the federal statute. Either type of conflict will render the provincial statute inoperative...
THE CONSTITUTIONAL DEBATE IN ISRAEL
Authors: Kretzmer David
Published: June 2017

THE CONSTITUTIONAL DEBATE IN ISRAEL
THE PROSTITUTION REFERENCE: SEXUAL COMMUNICATION AND THE STREETS
Authors: Schneiderman David
Published: June 2017

THE PROSTITUTION REFERENCE: SEXUAL COMMUNICATION AND THE STREETS
LAW V. CANADA: FORMATTING EQUALITY
Authors: Baines Beverly
Published: June 2017

LAW V. CANADA: FORMATTING EQUALITY
A FRAMEWORK FOR CONFLICT MANAGEMENT
Authors: Cameron Barbara
Published: June 2017

A FRAMEWORK FOR CONFLICT MANAGEMENT
HARM REVISITED: R. V. BUTLER
Authors: Noonan Sheila
Published: June 2017

HARM REVISITED: R. V. BUTLER
THE HARD CASE OF DEFINING “THE MÉTIS PEOPLE” AND THEIR RIGHTS: A COMMENT ON R. V. POWLEY
Authors: Chartrand Paul L.A.H.
Published: June 2017

Section 35(2) of the Constitution Act, 1982 refers to “the Métis people” as one of the Aboriginal peoples of Canada whose existing Aboriginal and treaty rights are guaranteed by section 35(1).1 The subsequent First Ministers Conference on Aboriginal Constitutional Reform in the 1980s and the Charlottetown Accord in 1992 proved inadequate to the task of addressing the substantive content of these constitutional provisions. The unenviable task of defining a people and their rights has now fallen to the courts. The challenge facing them is the hard case of Canadian Aboriginal law.
THE DELEGATION POWER PAST AND PRESENT
Authors: Schneiderman David
Published: June 2017

THE DELEGATION POWER PAST AND PRESENT
SOVIET CONSTITUTIONAL DEVELOPMENTS: ALEXANDER M. IAKOVLEVEV IN CONVERSATION WITH L.C. GREEN
Authors: Iakovlev Alexander M.
Published: June 2017

SOVIET CONSTITUTIONAL DEVELOPMENTS: ALEXANDER M. IAKOVLEVEV IN CONVERSATION WITH L.C. GREEN
THE CHARTER REVOLUTION: IS IT UNDEMOCRATIC?
Authors: Hogg Peter W.
Published: June 2017

A new book on the Canadian Charter of Rights and Freedoms by two professors from the University of Calgary, F.L. Morton and Rainer Knopff, is entitled The Charter Revolution and the Court Party.1 By the “Charter revolution” the authors refer to the active law- making role assumed by the Supreme Court of Canada since the adoption of the Charter of Rights in 1982.2 By the “Court Party” they refer to a cluster of interest groups promoting Charter rights through litigation.3 The thesis of the book is that these groups have been successful in obtaining changes in the law from the Supreme Court of Canada that could not have been achieved in the representative legislative assemblies. That, they argue, is wrong because it is “undemocratic.”4 I agree that there has been a Charter revolution. I also agree that there is a Court Party, but I will argue that the cluster of interest groups using litigation as their strategy is much broader than the authors acknowledge. I also agree that the effects of these two phenomena have not been wholly beneficial, but I argue that, on the whole, the result is one that enhances rather than usurps a democratic dialogue.
CANADA'S JUDGE BORK: HAS THE COUNTER-REVOLUTION BEGUN?
Authors: Morton FL
Published: June 2017

CANADA'S JUDGE BORK: HAS THE COUNTER-REVOLUTION BEGUN?
THE MORE THINGS CHANGE: SOVEREIGNTY, QUÉBEC AND THE NEW WORLD
Authors: Walker RBJ
Published: June 2017

THE MORE THINGS CHANGE: SOVEREIGNTY, QUÉBEC AND THE NEW WORLD
The Supreme Court's New Labour Trilogy: Momentous Decisions and a Modest Critique
Authors: Neuman Craig
Published: June 2017

In this paper, with a nod to the expositive force of organizing thoughts in triads, I offer three criticisms of the Supreme Court’s recent work re-shaping what the constitutional protection of freedom of association means in the field of labour relations law: (1) it ignores the reasonably clear intent of the drafters of the Charter; (2) it has been inconsistent and unpredictable, producing destabilizing effects; and, (3) it usurps to the judiciary a role in regulating labour relations that is better left to legislators.
THE SOCIAL UNION FRAMEWORK AGREEMENT: HOLLOWING OUT THE STATE
Authors: Young Margot
Published: June 2017

THE SOCIAL UNION FRAMEWORK AGREEMENT: HOLLOWING OUT THE STATE
CONSTITUTIONAL REFORM: DOES ECONOMIC EFFICIENCY FIT IN?
Authors: Smith Roger S
Published: June 2017

CONSTITUTIONAL REFORM: DOES ECONOMIC EFFICIENCY FIT IN?
Insite: Site and Sight
Authors: Young Margot
Published: June 2017

The Insite case is a great study for students of constitutional law. The twinning of a claim of interjurisdictional immunity—in a somewhat novel application to provincial jurisdiction—to the assertion by some of Canada’s most marginalized citizens of the fundamental freedoms of life, liberty, and security of the person delivers a compact and compelling recitation of basic features of Canada’s constitutional landscape.
CANADA'S QUEST FOR CONSTITUTIONAL PERFECTION
Authors: Meekison Peter
Published: June 2017

CANADA'S QUEST FOR CONSTITUTIONAL PERFECTION
THE NEW ABORTION LEGISLATION
Authors: Martin Sheilah L.
Published: June 2017

THE NEW ABORTION LEGISLATION
Insite: Right Answer, Wrong Question
Authors: Calder Gillian
Published: June 2017

I have entitled my five-minute comment: “Insite: Right Answer, Wrong Question.”1 The focus of my comments is on the division-of-powers approach used in the reasoning of Justice Huddart of the British Columbia Court of Appeal. Although asked to determine whether the legislative regime at issue was enacted validly, that is, whether it was either federal or provincial—the question that she wanted to answer, and did answer, was whether the matter should be federal or provincial. My reading of the majority reasons is that Justice Huddart (with Justice Rowles concurring) used the doctrine of interjurisdictional immunity (“IJI”) to reach the conclusion that she deemed to be the just outcome—that “the supervision of self-injections of illegally-possessed drugs in a provincially authorized and supported health care facility is dictated by the public interest in health care”2 and thus falls exclusively within provincial jurisdiction.
SCIENTIFIC EXPERIMENTS ON ANIMALS AND CONSTITUTIONAL PRINCIPLE
Authors: Hughes Elaine L.
Published: June 2017

It is a well-established principle that the division of powers in the Constitution Act, 18671 sets out an exhaustive list of legislative subjects.2 Thus, all “new” subjects of potential regulation in Canada, such as biotechnology, must fit within the established categories of authority. This article explores some of the ethical implications of this constitutional framework and approach when the subject under consideration is the welfare of animals used in research.
WHITE PICKET FENCES: RECOGNIZING ABORIGINAL PROPERTY RIGHTS IN AUSTRALIA’S PSYCHOLOGICAL TERRA NULLIUS
Authors: Behrendt Larissa
Published: June 2017

WHITE PICKET FENCES: RECOGNIZING ABORIGINAL PROPERTY RIGHTS IN AUSTRALIA’S PSYCHOLOGICAL TERRA NULLIUS
KEEPING RELIGIOUS FUNDAMENTALISM UNDER WRAPS: THE CLOTHING CONTROVERSY IN SELECTED EUROPEAN COUNTRIES
Authors: Bauman Richard W. , Weingarten Sarah L.M.
Published: June 2017

The passage by the French government in March 2004 of a law prohibiting the conspicuous display of religious symbols and the wearing of religious apparel by students enrolled in public schools caused considerable controversy, not only within France, but in other quarters as well, for the law stopped female students affiliated with Islam from wearing religious headscarves. Muslim groups both inside and outside France responded critically. Among the notorious repercussions of this law was the subsequent kidnapping in Iraq of two French journalists.1 Somewhat less publicized (but equally important) events in the past year have been decisions by European courts arising out of human rights challenges to similar bans – made in Turkey and in the U.K. – that apply to students’ attire when attending public schools or universities.2 In this instance, multicultural values that would encourage students to display their religious commitments are subordinated. They must take second place to several European governments’ goal of promoting a strictly secular educational environment.
DISTINGUISHING ZUNDEL AND KEEGSTRA
Authors: Elman Bruce , Nelson Erin
Published: June 2017

DISTINGUISHING ZUNDEL AND KEEGSTRA
The Notwithstanding Clause, the Charter, and Canada's Patriated Constitution: What I Thought We Were Doing
Authors: Blakeney Hon. Allan E.
Published: June 2017

Professor Whyte, in his article “Sometimes Constitutions are Made in the Streets: the Future of the Charter’s Notwithstanding Clause,” raises some intriguing points. He gives a historical review of the origin of the “notwithstanding” clause as it appears in the Canadian Charter of Rights and Freedoms, enacted in 1982. In the course of so doing, he appears to propose a distinction between “rights” – those claims which are included in the Charter, and “policies” – those claims which are protected by the activities of the legislative and executive arms of government. This is, I argue, a false dichotomy. It leads to the conclusion that the use of the “notwithstanding” clause can only amount to a suspension of rights in favour of achieving government policy.
BEGGING AND FREEDOM OF EXPRESSION
Authors: Moon Richard
Published: June 2017

BEGGING AND FREEDOM OF EXPRESSION
Whose Senate Is It Anyway?
Authors: Carver Peter J.
Published: June 2017

This is no way to reform the Senate of Canada —but it just may be the only way. That is the dilemmathat will face the Supreme Court of Canada whenit hears a Reference case on proposals to turn theSenate into a partly or somewhat elected body inNovember 2013.
RJR-MACDONALD V. CANADA ON THE FREEDOM TO ADVERTISE
Authors: Moon Richard
Published: June 2017

RJR-MACDONALD V. CANADA ON THE FREEDOM TO ADVERTISE
Pedagogies of Mapping
Authors: Johnson Rebecca
Published: June 2017

Generations of students have engaged in the (more or less artistic) practice of doodling in the margins of their notes, and yet it is rare for law students to be given crayons and be directed to colour. In this note, I describe and reflect on the experience of using the visually based pedagogy of “mapping” as a tool for exploring the Insite case. This exercise took place at the end of the Legal Process module, after students had spent nearly two days of concentrated attention on the case and the issues raised by it. The class was divided into four groups, each of which was asked to imagine themselves as a newly formed government working group charged with the task of imagining more visionary ways of dealing with the problems of the “hard to house, hard to reach and hard to treat.” The first task was to work as a group to map out the terrain on which new solutions might be developed: to depict visually the hopes, fears, concerns, difficulties, convergences and possible strategic alliances created by drug use in the Downtown East Side (DTES).
WHATEVER BECAME OF THE WESTMINSTER MODEL?
Authors: Engelmann Frederick
Published: June 2017

WHATEVER BECAME OF THE WESTMINSTER MODEL?
McIvor v Canada and the 2010 Amendments to the Indian Act: A Half-Hearted Rememdy to Historical Injustice
Authors: Hamill Sarah E.
Published: June 2017

2010 saw the twenty-fifth anniversary of two important legal developments in Canada: Bill C-31, which significantly amended the existingIndian Act, and the coming into effect of section 15 of the Charter of Rights and Freedoms.1 Section 15 was partially responsible for the introduction of Bill C-31. The Canadian government introduced Bill C-31 to address, among other things, gender discrimination in the system of Indian status. Bill C-31, however, fell short of its goal of introducing a gender-neutral system of Indian status under the Indian Act.
Introduction
Authors: Paradis Patricia
Published: June 2017

This issue of the Forum features four of the papers presented at the Constitutional Symposium hosted by the Centre for Constitutional Studies in fall 2013. The papers are stellar examples of the diversity of constitutional topics presented there.
A Delicate Balance: Re Charkaoui and the Constitutional Dimensions of Disclosure
Authors: Hudson Graham
Published: June 2017

A Delicate Balance: Re Charkaoui and the Constitutional Dimensions of Disclosure
RECONCILING DUALITY AND DIVERSITY/ DUALITÉ ET DIVERSITÉ SONT-ELLES CONCILIABLES?
Authors: Ryan Claude
Published: June 2017

I wish to thank the University of Alberta for the honorary degree which it has generously conferred upon me today. I accept with joy this high distinction because I assume that beyond my modest person you have wished, Madam Chancellor, to express your attachment to the linguistic duality of our country and to the unique role which history has devolved upon Québec in this respect. I also accept it with humility for I am well aware that the only degrees which count in life are those which accrue to deserving students following prolonged years of arduous study.
Royal Succession and the Canadian Crown as a Corporation Sole: A Critique of Canada's Succession to the Throne Act, 2013
Authors: Lagassé Philippe , Bowden James W.J.
Published: June 2017

The constitutionality of Canada’s Succession tothe Th rone Act, 2013 (Succession Act) will betested in Quebec’s Superior Court in the comingmonths. In a case brought by two law professorsfrom Laval University, with the government ofQuebec as an intervener, the Quebec SuperiorCourt will consider whether the Parliament ofCanada’s assent to a British statute is sufficient tochange the rules of royal succession for Canada.
JUDICIAL INDEPENDENCE AND JUDICIAL ADMINISTRATION IN THE TOBIASS CASE
Authors: Baar Carl
Published: June 2017

JUDICIAL INDEPENDENCE AND JUDICIAL ADMINISTRATION IN THE TOBIASS CASE
THE AMENDING FORMULA AND THE AGENDA FOR CHANGE
Authors: Meekison Peter
Published: June 2017

THE AMENDING FORMULA AND THE AGENDA FOR CHANGE
LEARNING FROM FAILURE: LESSONS FROM CHARLOTTETOWN
Authors: Brock Kathy
Published: June 2017

LEARNING FROM FAILURE: LESSONS FROM CHARLOTTETOWN
Rebuttal to Edmund A. Aunger, “The Constitution of Canada and the Official Status of French in Alberta”
Authors: Munro Ken
Published: June 2017

Rebuttal to Edmund A. Aunger, “The Constitution of Canada and the Official Status of French in Alberta”
Charkaoui: Beyond Anti-Terrorism, Procedural Fairness, and Section 7 of the Charter
Authors: Stribopoulos James
Published: June 2017

The Supreme Court of Canada’s unanimous decision in Charkaoui v. Canada1 has attracted much public attention. Perhaps most newswor- thy is the fact that these cases —challenges by three men to provisions of the Immigration and Refugee Protection Act (IRPA)2 under which they were detained — represent the first time since September 11, 2001 that the Supreme Court has delivered a defeat to the government in its anti- terrorism efforts.
FURTHER RESTRICTINGS ON ACCESS TO CHARTER REVIEW: A COMMENT ON HY AND ZEL'S INC. V. ONTARIO (A.G.)
Authors: Ross June
Published: June 2017

FURTHER RESTRICTINGS ON ACCESS TO CHARTER REVIEW: A COMMENT ON HY AND ZEL'S INC. V. ONTARIO (A.G.)
SYMPOSIUM REPORT: AFTER ALLAIRE AND BELANGER-CAMPEAU
Authors: Schneiderman David
Published: June 2017

SYMPOSIUM REPORT: AFTER ALLAIRE AND BELANGER-CAMPEAU
WALDMAN V. CANADA: RELIGOUS DISCRIMINATION IN THE CONSTITITUON
Authors: Matas David
Published: June 2017

WALDMAN V. CANADA: RELIGOUS DISCRIMINATION IN THE CONSTITITUON
The Unlikely Union of Same-Sex Marriage, Polygamy and the Charter in Court
Authors: Hennigar Matthew
Published: June 2017

For several years now, I have been doing work on litigation surrounding same-sex mar- riage (SSM), and when I present my research (both at conferences and informally over drinks), I am almost invariably asked how court decisions legalizing SSM1 will affect the laws against polygamy. As a recent article in the To- ronto Star observed,2 gay marriage is often seen as a “slippery slope” to polygamy; some argue that it opens the jurisprudential door to other fundamental challenges to the traditional, mo- nogamous definition of marriage.3 For example, it is true that the Supreme Court of Canada de- cisively rejected the government’s argument in the SSM cases that the Canadian Charter of Rights and Freedoms4 was not intended to revo- lutionize fundamental social institutions. Re- cent developments in British Columbia appear likely to put this contention to the test.
A CAP ON CAP
Authors: Rutwind Stan
Published: June 2017

A CAP ON CAP
AFTER 30 OCTOBER 1995
Authors: Jenson Jane
Published: June 2017

AFTER 30 OCTOBER 1995
SECTION 33 AND THE RELATIONSHIP BETWEEN LEGISLATURES AND COURTS
Authors: Bastarache The Honourable Mr. Justice Michel
Published: June 2017

The introduction of the Constitution Act, 19821 was greatly debated. While many of the substantive provisions received considerable attention by various committees and interested organizations, the limitation provisions, sections 1 and 33 were particularly contentious. Today, I would like to discuss the early vision of the new relationship to be forged between the judicial and legislative branches of government.2 Sections 1 and 33 were intended to strike an appropriate balance between law-maker and law-reviewer. Each safeguarded abuse by the other. Throughout the drafting period, however, many expressed concern about shifting Canada’s political system from a parliamentary supremacy to a constitutional one. Specifically, how each would respond to their new roles in light of sections 1 and 33. To determine whether these concerns have materialized, I will compare these suspicions with the actual relationship that has evolved between the courts and legislatures since the entrenchment of the Constitution Act, 1982.
Judges and Religious-Based Reasoning
Authors: Ginn Diana , Blaikie David
Published: June 2017

Is it ever acceptable for a judge in a secular liberal demecracyto rely on, and explicitly refer to, religious-based reasoning in reaching a decision? While it is unlikely that many Canadian judges will be seized with the desire to include religious-based reasoning in their judgments, we raise this issue because it allows us to examine the appropriate role of religious-based discourse in a challenging context, where arguments about unconstitutionality are strongest. In a previous article, we concluded that there are no ethical impediments to citizens using such discourse in discussing public affairs. We argued that it is no less virtuous (although it may sometimes be less persuasive) to reason from one’s religious convictions than from any other comprehensive set of values, when advocating for or against public policy alternatives. We would suggest that this is generally also the case for elected representatives. Thus, in our view, it would be perfectly acceptable for a member of a legislature to buttress a call for increased funding for social services by reference to Proverbs 19:17: "One who is gracious to a poor man lends to the Lord." However, it is unconstitutional for a legislature to pass legislation for a religious purpose; therefore, legislators must recognize the distinction between advocating legislation designed to achieve a religious purpose and using religious arguments to support or oppose legislation designed to achieve a public purpose.
DISHONOURABLE CONDUCT: THE CROWN IN RIGHT OF CANADA AND QUEBEC, AND THE JAMES BAY CREE
Authors: Coon Come Grand Chief Matthew
Published: June 2017

DISHONOURABLE CONDUCT: THE CROWN IN RIGHT OF CANADA AND QUEBEC, AND THE JAMES BAY CREE
The Manual of Official Procedure of the Government of Canada: An Exposé
Authors: Bowden James , MacDonald Nicholas
Published: June 2017

In light of the much discussed issue to "codify" or make an official interpretation of constitutional conventions in Canada, this article introduces theManual of Official Procedure of the Government of Canada to further stimulate discussion on the topics presented at the Public Policy Forum and at the David Asper Centre for Constitutional Rights in 2011. It also posits that constitutional conventions derive from principles rather than existing in isolation. This article is part of a larger, forthcoming work in the Journal of Parliamentary and Political Law.
The Beginning of the End of the Gang of Eight: June 4, 1981
Authors: Leeson Howard
Published: June 2017

This article deals with a group that has become known as the “Gang of Eight”, consisting of the Ministers of Justice and Intergovernmental Affairs for the eight provinces that were opposing the federal initiative. These ministers took part in a meeting in June of 1981 that is now largely unknown or forgotten. This meeting took place after the eight First Ministers had gathered in Ottawa to sign a document called the Ottawa Accord, an alternative to the Trudeau government’s patriation package.
FEDERAL HOUSE COMMITTEE REFORM: MINDLESS ADVERSARIALISM WELL DONE
Authors: S.L. Sutherland
Published: June 2017

FEDERAL HOUSE COMMITTEE REFORM: MINDLESS ADVERSARIALISM WELL DONE
The Idea of Houses
Authors: Mersal Iman
Published: June 2017

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Graffiti Silence
Authors: Onita Adriana
Published: June 2017

These tricontinental ekphrastic poems feature graffiti art(ists) that have caught my heart off guard. The first poem titled “Graffiti of Silence” is a response to the anonymous “listen bird”, ubiquitous in Edmonton's urban geography from 2003 to about 2008. Stenciled, spray painted or stickered, it always featured a speech bubble with one word: listen. It quickly became part of Edmonton’s local iconography, but the city’s Graffiti Management Program managed to eliminate the bird from its streets, but not from public memory. The second ekphrasis titled “The Fisherman” features the work of El niño de las pinturas (Raúl Ruiz), an internationally-renowned graffiti artist based in Granada, Spain. Known for his large-scale wall murals which are almost always accompanied by his own poetic text, he dresses the skin of this city in sienna strokes, covers its bruises with layers of light, becoming a source of symbolic pride for Granada. The third poem, “Monsters in Montevideo,” is inspired by Alfalfa (Nicolás Sánchez), an iconic street artist based in Montevideo, Uruguay. His unique style uses organic lines and bright colours to create fantastical creatures that add a sense of play and surprise to many of the city’s streets. These three ekphrastic poems are an attempt to translate the poetic experience of viewing street art. Through poetry, the impermanent art of graffiti is rendered immortal as a self-portrait of each city and each spectator.
Translation between Pacification and Polarization
Authors: Basalamah Salah
Published: June 2017

In the context of the growing lack of understanding and even cultural conflict that plague the heterogeneous societies of today, translation naturally has its place in mass communication. Seen as the privileged locus of intercultural communication, translation is not only the expression of the necessity of intercomprehension between differences, but also, and more importantly, the necessity of the determined search for areas of incommunication (Wolton). Hence, taking into account the difficulties and the points of discord as a priority instead of aiming for compromise and pacific appeasement in the citizen-translational operation takes the shape of an emergency. Translating means, first and foremost, translating that which is not going well, that which we understand the least. In the same vein as Jakobson's project, who suggested the three categories of translation, it is our aim to show the relevance of going beyond those categories in light of a short case study undertaken in the context of the media's discourse in Quebec concerning the management of cultural diversity. It is in this sense that we are submitting, in this article, the outline of an ongoing reflection pertaining to a fourth category of translation, which we will call “inter-referential translation”.
Language Snapshots
Authors: Von Paschen Renée
Published: June 2017

Austro-Canadian poetry in English and German translation
Home (Moving) Memory (triptych)
Authors: Park Ondine
Published: June 2017

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Precious Smile
Authors: Tardif Guillaume
Published: June 2017

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Translation as Craft, as Recovery, as the Life and Afterlife of a Text: Sujit Mukherjee on Translation in India
Authors: Di Giovanni Elena
Published: June 2017

Sujit Mukherjee passed away in 2003, having been an outstanding intellectual figure in India and beyond. A writer himself, but most of all a translator, Mukherjee contributed greatly to stirring the debate and reflection on translation in India. Although he quite humbly declared, on several occasions, that India never had such a thing as a theory of translation, his books and articles have traced the history of this activity and given shape to a metadiscourse on translation which is far from the abstractions of theories and full of the strength of the enlightened practitioner’s point of view.

Mukherjee’s approach to the observation of translation practices is permeated by his modesty, his brisk simplicity and, above all, his relentless positivity. In his words, translation becomes a dynamic, pervasive and constructive practice, far from the subordinate and derivative essence so often ascribed to it by Western scholars.

This paper brings to the fore the non-theories of Sujit Mukerjee and proceeds by discussing them along a chronological axis. Organized in three sections, the paper first analyses Mukherjee’s viewpoint on translation in India before the British, to then move onto translation and the role of English during and after colonization. The third and final section offers a comparison between Mukherjee’s ideas and reflections and those by three outstanding Western translation scholars.
Translating Women’s Silences
Authors: Henitiuk Valerie
Published: June 2017

Anita Desai’s latest story collection, The Artist of Disappearance, includes a novella titled “Translator, Translated.” In it, a naïve young woman begs a former classmate, who now runs a publishing house, to give her the chance to render a beloved Oriya author into English: “She is such a great writer and no one here even knows her name. It is very sad but I am sure if you publish a translation of her work, she will become as well-known as – as – Simone de Beauvoir!” (Desai 2011, 58). It is no accident that the great feminist theorist is referenced here; gender and translation have long been closely linked. Translation makes it possible for us finally to see the previously invisible, hear the previously unheard, countering at least some of the effects of linguistic, cultural and gendered obscurity, but these acts of transmission or transcreation are often problematic. Important questions need to be addressed: who chooses what gets translated? Into which languages? From which languages and cultures? Who dares speaks for whom? What is my own complicity?

This paper will briefly discuss some very different examples of my work in the area of “women in translation”, such as helping bring to light previously unknown women’s voices from India’s Orissa province, suggesting non-existing readings that (if only they did exist) might have allowed women’s silence to be broken in inspiring ways, and bearing witness to the great range of responses to Classical Japanese women’s writing through exploration of its highly complex Western translation history.
Le Bureau : Le nouveau mockumentaire d’entreprise francais(e) en question?
Authors: Reyns-Chikuma C(h)ris
Published: June 2017

In this essay, I show how Le Bureau (2006), a business fiction adapted from the British TV series The Office (2001-2003), maintained its originality by being in line with diverse traditions both French and trans-national. However, while addressing with a satirical tone some problems that are either global (like some issues related to the “new spirit of capitalism”) or typically French (such as the resistance to a concrete application of anti-discriminatory measures on the workplace), the critical impact of this mockumentary seems limited by the fact that it is framed within TV programs and especially Canal+’s entertainment “philosophy.”

Dans cet essai, je montre comment la fiction d’affaires Le Bureau (2006), adaptation française de la série télévisée britannique The Office (2001-2003), a réussi à maintenir une certaine originalité en s’inscrivant dans diverses traditions artistiques à la fois françaises (documentaire), trans-nationales (mockumentaire) et trans-culturelles (la sitcom), tout en adressant de manière humoristique et critique certains problèmes globaux, comme «le nouvel esprit du capitalisme» et d’autres plus typiquement français (comme la résistance à appliquer des mesures anti-discriminatoires concrètes sur les lieux de travail). Cependant, le fait que ce mockumentaire fut fait pour la télévision et plus spécifiquement pour Canal+ (qui est une chaîne d’abord divertissante) limite sa fonction et son impact critique.
Myth Over Matter
Authors: Onita Adriana
Published: June 2017

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Fifty Shades of Che
Authors: Cruikshank Stephen A
Published: June 2017

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Sign Language Interpreting in Theatre: Using the Human Body to Create Pictures of the Human Soul
Authors: Richardson Michael
Published: June 2017

This paper explores theatrical interpreting for Deaf spectators, a specialism that both blurs the separation between translation and interpreting, and replaces these potentials with a paradigm in which the translator's body is central to the production of the target text.

Meaningful written translations of dramatic texts into sign language are not currently possible. For Deaf people to access Shakespeare or Moliere in their own language usually means attending a sign language interpreted performance, a typically disappointing experience that fails to provide accessibility or to fulfil the potential of a dynamically equivalent theatrical translation. I argue that when such interpreting events fail, significant contributory factors are the challenges involved in producing such a target text and the insufficient embodiment of that text.

The second of these factors suggests that the existing conference and community models of interpreting are insufficient in describing theatrical interpreting. I propose that a model drawn from Theatre Studies, namely psychophysical acting, might be more effective for conceptualising theatrical interpreting. I also draw on theories from neurological research into the Mirror Neuron System to suggest that a highly visual and physical approach to performance (be that by actors or interpreters) is more effective in building a strong actor-spectator interaction than a performance in which meaning is conveyed by spoken words.

Arguably this difference in language impact between signed and spoken is irrelevant to hearing audiences attending spoken language plays, but I suggest that for all theatre translators the implications are significant: it is not enough to create a literary translation as the target text; it is also essential to produce a text that suggests physicality. The aim should be the creation of a text which demands full expression through the body, the best picture of the human soul and the fundamental medium of theatre.
Introduction
Authors: Reyns-Chikuma Chris , Tarif Julie
Published: June 2017

Introduction for 8.2
Formula and “Fixity” in South Slavic Oral Epics: A defense of South Slavic poetic verse against literary accusations of mechanicalism
Authors: Fan Lai-Tze
Published: June 2017

As the South Slavic oral epic originated in a primary oral culture – a culture that is unaffected by literacy – and as it is composed through repertorial formulas and themes, it may find itself subject to misunderstanding by literary minds, particularly through accusations of mechanical composition. This paper aims to argue that an idea of “fixity,” with regards to the South Slavic oral epic’s formulas and themes, is flawed when one considers the culture from whence it came. I examine the necessity of formulaic repetition in the South Slavic oral culture of the 1930s-1950s, arguing that, without literacy and the possibility of record making, repetition was the only method through which their history and culture could be preserved.

Drawing from Albert Lord’s study of the South Slavic oral epic, this paper establishes that while still existing in a primary oral culture, South Slavic poets interiorize formulas and themes until they are synonymous with reflexive speech. In order to demonstrate this, this paper explores the way in which a South Slavic boy learns to perform. I examine John Miles Foley’s delineation of the South Slavic decameter, which the South Slavic boy must learn as the foundation of all future lines of verse. I also demonstrate the efficiency of this foundation by studying substitution systems in epic verse; the mastery of substitution results in an instantaneous composition of song that is only possible through the interiorization of its elements.

This paper then considers the term homeostasis, which in the case of this verse, refers to the obsolescence of irrelevant cultural matter. Using a case study, I analyze a singer’s substitution of obsolete themes and formulas with ones of then-contemporary relevance, arguing that the formulas easily adapt to change. The South Slavic oral epic is thus not mechanical, but a naturalized art form.
Translating Communities
Authors: St-Pierre Paul
Published: June 2017

This article will focus on communities which translate and communities which are translated, with an emphasis on the often unintended, unexpected, and unwanted effects of translation.

Beginning with the scepticism – ‘hostility’ would perhaps be a better word – shown by Augustine towards Jerome’s undertaking to produce a new Latin translation of the Old Testament based on the Hebrew text rather than the Greek version of the Septuagint, and from there moving on to Mark Fettes’s discussion (in In Translation) of the reception of the translation into English of Haida myths by the Canadian poet Robert Bringhurst, as well as to the translation, also into English, of literary texts in Oriya, one of the national languages of India, I will draw attention to what, in these cases at least, has been perceived by some – usually those left out of the process of translation – as the danger or violence of translation.

Given such a negative perception of translation, generalized in the Italian adage traduttore traditore, the question arises as to how this translation effect can at the very least be reduced, if not eliminated entirely, and how the “community with foreign cultures” that Lawrence Venuti writes of in “Translation, Community, Utopia” can come into being. A collaborative approach to translation involving participants from both source and target, foreign and domestic cultures – a new community of translators – will be put forward as a possible solution
A White Rose
Authors: Khalifa Abdel Wahab
Published: June 2017

English translation of a short story written in Arabic by Mona Elnamoury
A Mother-in-law / Princess Smiley
Authors: Polanski Wioletta
Published: June 2017

English translation of a feuilleton and a poem written in Polish by Magdalena Samozwaniec.
Amat-Piniella, Joaquim. K.L. Reich. Waterloo: Wilfrid Laurier University Press, 2014.
Authors: Reyns-Chikuma C(h)ris
Published: June 2017

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Carnality and Eroticism in the History of Russian Literature: Toward a Genealogy of a Discourse of Silence
Authors: Lalo Alexei
Published: June 2017

The essay explores traditions of expressing the body and sexuality in Russian culture and literature. The main strategy that many authors used was that of silence ignoring (“keeping silent about”) the topic altogether. Alternatively, others have adhered to burlesques, in which an author presents carnality and eroticism in a deliberately ludicrous, grotesque way. The essay defines three historical determinants for the “strategy of silence” and the “strategy of burlesque” marking the history of Russia's literary representation. The first is a set of profound differences between Western and Russian medical science, sexology and psychopathology. The second is a divide in perceptions of sexuality between Roman Catholic and Russian Orthodox traditions. The third is embodied in some of the earliest canonical representations of sexuality in literary history, including the Archpriest Avvakum’s Life (1682).
Translating Chicana Rap: Snow Tha Product
Authors: Onita Adriana
Published: June 2017

This project examines rap lyrics, interviews, and music videos by Chicana artist Snow Tha Product to show how rap has been culturally translated, performed, and appropriated by females in order to “flip the script,” or subvert the dichotomous model of female sexuality that has been imposed upon them. Weaving insights from three academic fields (cultural translation, Chican@ studies, and hip-hop feminism), this paper also aims to creatively expand the definition of translation by positioning rap music as a performative language in its own right, capable of encoding and translating complex cultural issues related to race, gender, and sexuality.
Larémont, Ricardo René and Youssef M. Sawani (eds). Al-Rabīʿ al-ʿArabī: al-intifāḍah wa-al-iṣlāḥ wa-al-thawrah [The Arab Spring: The Intifada, Reform, and Revolution]. Trans. Lotfi Zekraoui. Beirut: Muntadá al-Maʻārif, 2013.
Authors: Khalifa Abdel Wahab
Published: June 2017

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Pseudo-translation as a Subset of the Literary System: a Case Study
Authors: Mohammadi Dehcheshmeh Maryam
Published: June 2017

Abstract

Persian literature is replete with pseudo-translations to the extent that if one tried to compile a complete bibliography, it would turn into an unwieldy book. Most Persian pseudo-translations belong to Iranian political literature (Okhovat, 2006). As could be guessed, identifying pseudo-translations is not a simple task as their authors want readers to believe in the ‘translationness’ of these works for various reasons. One of the most famous Iranian pieces of pseudo-translations, whose original writer has recently claimed its authorship, is the famous (in Iran) Letter of Charlie Chaplin to his daughter Geraldine. The present article examines diverse aspects of this text, including its political, historical, cultural, and literary milieu of production, and provides a critical discourse analysis of this text and highlights the original author’s ideological stance as it is embedded in this purported foreign letter. The article concludes by surmising the reasons why this famous work was published as a translation, and how it is, that the original writer has claimed authorship after more than 30 years.
User satisfaction and loyalty in a public library setting
Authors: Tan Te-Shyang , Chen Tung-Liang , Yang Pao Hui
Published: June 2017

We investigated how the relationships among service experience, perceived quality, and user satisfaction affect user loyalty in a public library context. The study framework was based on the Hotel Customer Satisfaction Index, with service experience assessed in place of the customer
expectation construct. Participants were 339 library users who completed measures of service quality, service experience, satisfaction, and loyalty. Survey data were analyzed and we used regression analysis and mediation analysis to assess the reliability and validity of the newly developed
measurement instrument. Results showed that service experience directly and positively influenced both user satisfaction and loyalty; however, the effect of service quality on satisfaction of library users was nonsignificant. The results can be applied to examine customer satisfaction with,
and loyalty toward, nonprofit organizations, such as public libraries.
Gender moderates the effect of homo economicus belief on trust
Authors: Chen Xi , Liu Guofang
Published: June 2017

We proposed that gender may moderate the effect of homo economicus belief on trust and conducted 2 experiments to test this hypothesis. Before completing the trust measurements, participants in Study 1 transcribed either a passage about homo economicus belief (experimental condition)
or a passage about psychological methods (control condition). Participants in Study 2 unscrambled 10 sentences that either contained a word associated with economics (experimental condition) or did not contain any words associated with economics (control condition). Results showed that (a)
levels of trust among the experimental condition participants were significantly lower than those in the control condition; (b) men in the experimental condition showed significantly lower levels of trust than did men in the control condition, but there was no difference in the trust levels
of women in the experimental and control conditions. Results indicate that homo economicus belief inhibits trust and that this effect is moderated by gender.
Removal of heavy metals from water using multistage functionalized multiwall carbon nanotubes
Authors: Budimirovic Dragoslav , Velickovic Zlate , Bajic Zoran , Milosevic Dragana , Nikolic Jasmina , Drmanic Sasa , Marinkovic Aleksandar
Published: June 2017

The multistage synthesis of the multi-wall carbon nanotubes (MWCNT) modified with polyamidoamine dendrimers, A1/ and A2/MWCNT, capable of cation removal, is presented in this work, as well as novel adsorbents based on these precursor materials and modified with goethite nano-deposit, ?-FeOOH, A1/ and A2/MWCNT??-FeO(OH) adsorbents used for As(V) removal. In a batch test, the influence of pH, contact time, initial ion concentration and temperature on adsorption efficiency were studied. Adsorption data modelling by the Langmuir isotherm, revealed good adsorption capacities (in mg g-1) of 18.8 for As(V) and 60.1 and 44.2 for Pb2+ and Cd2+ on A2/MWCNT, respectively. Also, 27.6 and 29.8 mg g-1 of As(V) on A1/ and A2/MWCNT??-FeO(OH), respectively, were removed. Thermodynamic parameters showed that the adsorption is spontaneous and endothermic processes. Results of the study of influences of competitive ions: bicarbonate, sulfate, phosphate, silicate, chromate, fluoride and natural organic matter (NOM), i.e., humic acid (HA), showed the highest effect of phosphate on the decrease of arsenate adsorption. Time-dependent adsorption was best described by pseudo-second-order kinetic model and Weber?Morris model which predicted intra-particle diffusion as a rate-controlling step. Also, activation energy (Ea / kJ mol-1): 8.85 for Cd2+, 9.25 for Pb2+ and 7.98 for As(V), were obtained from kinetic data.