bluuebunny/crossref_metadata_2025 huggingface dataset:
Provoking Change in Researchers’ Roles: Using a Community-Based Research Approach to Address Research Needs in the Community
Authors: Stack-Cutler Holly L.
Published: April 2017

This article is based on a community-based research practicum conducted with a Headstart program in western Canada. The purpose of the text is to describe the progression of one researcher’s roles from inception to completion of a year-long research project while working in collaboration with a community partner. Following a brief review of principles of community-based research, a case study is used to show how principles were adhered to in a practicum. A variation of traditional role theory is introduced as a useful framework to navigate burgeoning researcher roles and role multiplicity. These are (a) researcher as researcher, (b) researcher as collaborator, (c) researcher as relationship builder, (d) researcher as teacher, and (e) researcher as learner. Considerations for ways to promote researchers—students and academics—to develop skills to correspond with changing researcher roles are presented, along with future directions to empirically examine researcher roles in community-based research.
Reaching Across Narrative Space: Re-interpreting One Teacher’s Experience with Technology
Authors: Martinovic Dragana , Magliaro Jelena , Pugh Timothy
Published: April 2017

In this paper, the authors investigate one teacher’s utilization of Information and Communication Technologies (ICT) by drawing context from two of his life-stories: one that he interprets as “ruin” and the other “success.” Methodologically grounded in narrative inquiry, this paper contains excerpts from the teacher’s authentic narratives and their interpretation from the point of information systems research, known as the social process model. The findings emphasize that with the dialogic involvement of educational researchers, it is possible to reach a deeper understanding of the events that influenced the teacher’s experience with technology. Such synergistic alliances amongst educational researchers and teachers are key for detecting and overcoming the linguistic and operational barriers that exist between ICT theorists and practitioners.
The Task Facing Educational Reformers: Making the Transition from Individual Intelligence to Ecological Intelligence
Authors: Bowers Chet
Published: April 2017

N/A.
Charismatic, competent or transformative? Ontario school administrators’ perceptions of “good teachers”
Authors: Pinto Laura Elizabeth , Portelli John P. , Rottmann Cindy , Pashby Karen , Barrett Sarah Elizabeth , Mujawamariya Donatille
Published: April 2017

Emphasis on issues of social justice and attention to socio-cultural perspectives on learning might be at odds with prevailing conceptions of “the good teacher.” In this paper, we probe the perceptions of “good teaching” among Ontario school administrators. We begin with an investigation into dominant discourses of “good teachers” based on the framework posited by Moore (2004). Next, we examine the context that gave rise to Ontario’s New Teacher Induction Program (NTIP), and how this program shapes perceptions of good teachers and good teaching. Data from interviews with forty-one school administrators shed light on their perspectives on good teachers, which is analyzed in light of the dominant discourses and the governing NTIP policy and practice. The discussion highlights the highly personal nature of perceptions of good teaching, and ways in which Ontario school administrators’ perceptions tend to reinforce dominant discourses. The conclusion raises questions about how new teacher induction programs reinforce dominant discourses, and raises possibilities to allow for alternate discourses to coexist.
Leading Inquiry-based Learning
Authors: Towers Jo , Panayotidis E. Lisa
Published: April 2017

This article focuses on the role of the school principal in curriculum leadership for inquiry-based learning. Drawing on data collected in a study of inquiry-based teaching and learning in an elementary school in a large Canadian city, and in particular on interviews with the school principal, we explore the important role of the principal in leading and sustaining inquiry in schools. We organise our presentation around three significant themes that emerged from our analysis: (1) the role of the principal’s prior experience of inquiry-based teaching and learning practices, (2) explicating the nature of the work of the principal in leading inquiry-based teaching and the dilemmas of that work, and (3) the (principally systemic) elements of the educational working environment that detract from efforts to enact and sustain inquiry in schools.
Exemplary Teaching Practices across Educational Contexts (P-20+): Unifying Principles and an Ecological Model for Teaching for All to Learn
Authors: Ableser Judith
Published: April 2017

This paper demonstrates that teaching for all to learn is a central theme of exemplary practice across all educational contexts from preschool through graduate school (P-20+). Ten unifying principles will be presented based on this theme. Although these principles are consistent across P-20+ settings, the ways in which these practices are implemented will differ, depending on the context. An ecological model for teaching for all to learn will be developed, presenting a conceptual schema of the components and factors involved in exemplary teaching across all contexts from P-12 through higher education settings.
Dissection and Choice in the Science Classroom: Student Experiences, Teacher Responses, and a Critical Analysis of the Right to Refuse
Authors: Oakley Jan
Published: April 2017

Choice in dissection has been characterized as an issue that intersects with teacher freedoms and student rights, sometimes resulting in a struggle between the two. This study investigated the experiences of former students (n=311) and teachers (n=153) in Ontario, Canada to determine (a) whether students are being offered a choice between participating in a dissection and using an alternative, and (b) the impressions students and teachers hold toward choice-in-dissection policies. Surveys and interviews with both groups revealed that teachers do not always offer choice. Further, while the majority of the student population reported that they were in favour of choice policies, less than half of the teachers supported their implementation. A consideration of these findings from a critical pedagogy standpoint highlights power dynamics and a privileging of traditional dissection in the classroom. It is argued that choice policies are progressive and necessary to decentre dissection as the “best” way to learn.
Women and Educational Leadership
Authors: Clarke Kristen Angela
Published: April 2017

Women and Educational Leadership provides insight into five leadership frameworks that women employ in the role of principal and superintendent and how these frameworks inform the concept of diverse collective leadership. Grogan and Shakeshaft use their expertise in the field and over 20 years of research to examine the topic. The authors contend that an examination of how women lead can result in a deeper understanding of an educational leadership concept that reflects diverse perspectives and that involves a community as opposed to a single leader.
Exploring the Relationship between Self-Regulated Learning and Reflection in Teacher Education
Authors: Buzza Dawn C , Kotsopoulos Donna , Mueller Julie , Johnston Megan
Published: April 2017

Literature on teacher learning has shown links between being a self-regulated learner, reflecting effectively on one’s own practice, and being described as an “adaptive expert”. For instance, the metacognitive skills needed for effective reflection on teaching practice are seen as critically important to developing adaptive expertise in the context of the highly complex classroom environment. Similarly, self-regulated learning is often defined, at least in part, in terms of using metacognitive skill to adapt one’s approach to complex learning situations or problems. Although there is rich literature on reflective practice in teacher education, less is known about measuring teachers’ self-regulated learning or the relationship between self-regulated learning and teacher reflections. This research examines reflective practice and self-regulated learning through pre-service teachers’ written reflections. The study makes a novel adaptation of a rubric designed to evaluate teacher education candidates’ reflections to measure self-regulated learning. Findings suggest that the rubric could also be useful in understanding the self-regulated practices of teacher education candidates.
Educational Exigencies of the 21st Century: Implications for Teacher Education Programmes in East Africa
Authors: Kajoro Peter Aaron Mayengo , Chirure Hellen Nabututu , Simiyu Irene
Published: April 2017

Questions about what constitutes effective teacher education compatible with today’s changing educational demands have been frequently raised. This article is an overview of ideas about the elements of effective teacher education in view of the 21st century demands. Drawing on literature and the authors' knowledge of teacher education in the East African context, the article argues the case for the different elements of effective teacher education program that would help the region, and perhaps, by extension, other developing countries, meet their educational obligations in the 21st century. The paper also highlights the theoretical underpinnings of these elements and their implications for teacher preparation in East Africa
Implementation of a body image program as a twisty country lane
Authors: Robertson Lorayne , Thomson Dianne , Barber Wendy
Published: April 2017

A teachers’ organization developed a grade-specific body image curriculum which was implemented in one Canadian province. The lessons were designed to promote body acceptance and to help students recognize and resist mediated constructions of ideal size and shape. One year after its introduction, a research study investigated the body image program’s implementation in six schools in different school districts. Data for the study include interviews with close to fifty teachers and surveys completed following the professional development sessions at the program’s introduction. The findings from this study indicate that, in addition to implementation factors such as resources, body image intervention programs at the school level are impacted by the complex ways in which bodies, including teachers’ bodies, are positioned socially. While the intent of the program was to provide a rich resource of materials for teachers, teachers needed more opportunities for reflection and support as they navigated new terrain. As a result, this particular curriculum implementation journey more closely resembled a road trip on a twisty country lane than one that took the shortest distance between two points.
Maurice Merleau-Ponty: Intertwining and Objectification
Authors: Olkowski Dorothea
Published: April 2017

In chapter four of The Visible and the Invisible, titled “The Intertwining -- The Chiasm,” Merleau-Ponty considers the relation between the body as sensible, which is to say “objective,” and the body as sentient, that is, as “phenomenal” body. He makes this inquiry in the context of interrogating the access of such a sensible-sentient or objective-phenomenal body to Being. “Objectivity” and the objective body, as Merleau-Ponty defines it in the Phenomenology of Perception, are to be determined in relation to experience. Objectivity requires knowing how it is possible for determinate shapes to be available for experience at all. But the possibility of determinate shapes is also called into question by Merleau-Ponty insofar as the body is experienced as a point of view on things; thus every body would experience a different point of view, even though things are given as abstract elements of one total world. Since the two elements form a system, an intertwining, in which each moment (that of a body with a particular point of view and that of things in the totality of their world) is immediately expressive of each other, objectivity would seem to be hard to achieve. The relationship between body and things, point of view and world, if the relata continually express one another, would appear to be anything but determinate and the question of how objectivity is possible remains unanswered. This essay will explore this question in the light of Merleau-Ponty’s (mis-) reading of Henri Bergson and from the point of view of Sartre’s original expression of the relation of intertwining.
Les enjeux ethiques de l'existentialisme sartrien
Authors: Caeymaex Florence
Published: April 2017

L’inaboutissement de la Morale peut-il être envisagé, positivement, comme un point fondamental de l’existentialisme sartrien, et plus précisément comme l’accomplissement de celui-ci dans sa dimension (ou signification) éthique ? Cette question nous est suggérée par une lecture de la philosophie sartrienne à partir de quelques éléments d’histoire de la pensée proposés par Michel Foucault et elle n’est paradoxale qu’en apparence : la réflexion morale de Sartre trouve à s’éclairer de la distinction -- pensée par Foucault dans ses recherches sur la subjectivité et la généalogie de l’éthique -- entre ce qui relève de l’ordre du code moral (valeurs, règles, prescriptions dans leur objectivité sociale) et ce qui relève de l’ordre éthique et pratique (rapport à soi ou subjectivité).

Dans l’exercice de cette question, il ne s’agit pas seulement d’emprunter à Foucault des outils d’analyse vis-à-vis desquels la pensée de Sartre serait réduite à son statut d’objet et aurait pour ainsi dire valeur de simple illustration ; à travers la question de l’éthique, c’est la détermination de la spécificité de l’existentialisme sartrien qui est en jeu. Mais en outre, cette double référence à la pensée de Sartre et à celle de Foucault, sans réduire l’écart qui sépare l’ontologie phénoménologique et la généalogie, permet de mettre en évidence une exigence commune aux philosophies contemporaines de la liberté et de la finitude.
Artificial Intelligence and the Phenomenology of Flesh
Authors: Mensch James
Published: April 2017

A. M. Turing argued that there was "little point in trying to make a 'thinking machine' more human by dressing it up in ... artificial flesh." We should, instead, draw "a fairly sharp line between the physical and the intellectual capacities of a man." For over fifty years, drawing this line has meant disregarding the role flesh plays in our intellectual capacities. Correspondingly, intelligence has been defined in terms of the algorithms that both men and machines can perform. I would like to raise some doubts about this paradigm in artificial intelligence research. Intelligence, I believe, does not just involve the working of algorithms. It is founded on flesh's ability to move itself, to feel itself, and to engage in the body projects that accompanied our learning a language. This implies that to copy intelligence -- i.e., to produce an artificial version of it -- the flesh that forms its basis must also be reproduced.
Nietzsche's Übermensch is not über Alles
Authors: Golomb Jacob
Published: April 2017

This essay deals critically with Nietzsche’s anthropological typology of the “free spirit par excellence”, “we spirits”, persons endowed with positive as against negative powers, and the ideal of the Übermensch. From this presentation, which actually amounts to a concise summary of my various publications on Nietzsche, I draw two conclusions: The first, and quite surprising one, is that it was not Nietzsche’s ideal of the Übermensch that was the pinnacle of his anthropological philosophy but the even more ideal type of the “free spirit par excellence”. The second, and less surprising, conclusion asserts that a society consisting of such “free spirits” is impossible. This finding will be highlighted by contrasting the Übermenschen, who, according to Nietzsche, need society as a sine qua non for their cultivation, with free spirits par excellence, who, by definition, are free from any need of a society. We will see, however, that on Nietzsche’s terms the ideal of the Übermensch is also not viable in society. Hence this paper points to an inherent flaw in Nietzsche’s existential philosophy -- the non-viability of its most sublime ideals. Nonetheless, one has to speculate about Nietzsche’s reasons for introducing the ideal of the free spirit par excellence -- an ideal that he himself thought to be existentially impractical.
The Soul of Tragedy: Some Basic Principles in Aristotle’s Poetics
Authors: Baxter John
Published: April 2017

This is an invited introductory discussion of tragedy in Aristotle's Poetics.
Est-il possible de dire l’éthique de la proximité? Contribution au dossier Kierkegaard – Levinas
Authors: DESROCHES DOMINIC
Published: April 2017

Quand il se positionne face à Kierkegaard, Levinas a le réflexe de placer la pensée de l’auteur danois dans un idéalisme abstrait. Ce réflexe le conduit à croire que le Moi existentiel, égoïste, se détache de l’autre dans la violence et se trouve impuissant à revenir sur lui-même. Cet article veut montrer que, nonobstant cette critique, les deux auteurs, attentifs aux limites du langage, partagent de nombreux points en commun, tant et si bien qu’ils sont peut-être les deux plus grands représentants d’une éthique de la proximité qui tente d’échapper au langage totalisant de la métaphysique.
The Frankfurt School’s Interest in Freud and the Impact of Eros and Civilization on the Student Protest Movement in Germany: A Brief History
Authors: JANSEN PETER-ERWIN
Published: April 2017

The essay focuses on the impact of Marcuse’s Eros and Civilization in Germany in 1968. First, the essay discusses how Freud’s theory was used in the late twenties at the Institute for Social Research in Frankfurt. Then, it focuses on how certain of Adorno and Horkheimer’s ideas were developed in Eros and Civilization. Finally, it shows how Marcuse’s work became relevant for the intellectual development of the student movement in Germany.
Les événements de Mai as Theory and Practice
Authors: SWITZER ADRIAN
Published: April 2017

The paper reconsiders the events of May 1968 in light of the various attempts to explain and theorize the politics of the student revolution in France. Drawing on contemporary accounts of May '68 as well as historical reflections on the revolution, the paper constructs a historically and politically "horizontal" theory; the structure of the barricades is used as a model for such a political theory. In the Foucauldian and Deleuzian sense of an active form of theory, a "horizontal" approach effectively politicizes theory and enables it to continue the seemingly failed efforts of the student protestors.
Savoir, pouvoir et inconscient : de la psychanalyse comme dispositif de subjectivation
Authors: BISSONNETTE JEAN-FRANÇOIS
Published: April 2017

S’il est un savoir contre lequel la pensée de Michel Foucault a sans cesse buté, c’est bien la psychanalyse. La plupart des commentateurs s’entendent à qualifier d’ambivalente l’attitude de Foucault à l’égard de celle-ci. Plutôt que de discuter des difficultés que cela suscite quant à la cohérence du projet foucaldien, l’ambition de ce texte est d’étudier le fonctionnement concret de la psychanalyse à travers une grille conceptuelle combinant deux notions fondamentales, soit celles de « dispositif » et de « mode de subjectivation », grâce auxquelles l’articulation entre subjectivité, pouvoir et vérité pourra démontrer sa fécondité heuristique.
Anxiety and the Voice of Unreason: Reading Foucault with Freud
Authors: SWITZER ADRIAN
Published: April 2017

The paper focuses on Michel Foucault's early monograph, Maladie Mentale et Psychologie (1954/62); specifically the focus is on the issue of anxiety, which Foucault treats as central to pathological signification. Through a close reading of the text of Maladie Mentale and a comparison of the work to interpretive trends in French psychoanalytic theory in the 1950s and 1960s, the paper argues that anxiety as a discursive phenomenon overruns psychological discourse as well as Foucault's own theoretical engagement of such discourse. In conclusion, the paper finds that the voice of unreason Foucault detects in psychological discourse is the anxiety of theory confined within the limits of individual psychology.
The State of War Crimes Following the Israeli- Hezbollah War
Authors: Borneman John
Published: April 2017

This article examines the state of “war crimes” today by thinkingthrough why the prosecution of war crimes has been frustrated forthe 2006 Israeli - Hezbollah War in Lebanon. Even though theinternational machinery for trying war crimes has been set up - aboveall, the ICC - and the means of documenting and publicizing suchcrimes have expanded and become widely accessible globally, it is nownearly impossible to prosecute major geopolitical perpetrators on theworld stage. The article focuses on legal issues regarding the conduct ofwar (jus in bello): how the threat of prosecution due to the use ofexcessive violence might affect the different tactical and strategic “self -interests” of the belligerents. Finally, it makes an argument in favourof when principles of proportionality (that the violence deployed wasexcessive and disproportionate to the threat) may trump principles ofequity (that both parties deserving of punishment must be prosecuted),and assesses the political effi cacy of prosecutions in this case. Thisanalysis brings to light several paradoxes in the fi eld of internationaljustice generally, or international humanitarian law more specifi cally,and suggests why there is a certain contemporary impasse in theprosecution of war crimes.
The Sovereign, the Law and the Two British Empires
Authors: Duncanson Ian
Published: April 2017

All political societies have peculiarities, and nothing special is to be concluded from the Anglophone focus of the present article. The theme here is that there was a schism between the fi rst and second British empires, not in itself an original thought, as the paper makes clear. The fi rst empire, as conceived by many historians, was an Atlantic empire governed by the British monarch and the Westminster legislature in the United Kingdom, and by the British monarch through his local representative, the colonial governor and the colonial assemblies. It appeared as a kind of confederation to many contemporaries, including Franklin and Washington, until as late as the mid-1770s. In each of the communities, the common law governed according to the customs of the people, subject to amendment by the appropriate legislature. The latter might be at London, Massachusetts or Philadelphia. For reasons outlined in the article, this system broke down when Westminster asserted ultimate sovereignty and the validity to override colonial assemblies and tax the colonies without their consent. The colonies objected and broke with Britain.In Britain itself and in the remaining colonies, Westminster’sassertion represented a new, stronger view of sovereignty, one in whichlaw no longer even notionally refl ected the slowly changing customs, habitsand expectations of the governed. Instead, sovereignty represented thewill of the sovereign. The legitimacy or validity of laws no longer referredto their content, or their conformity with a “balanced” constitution.Instead, the legitimacy rested in the pedigree of a law. To its practicalquestion, ‘is this a valid law?’ the British imperial world was ready forthe Benthamite answer. The latter was to remain culturally dominantfor many decades, and still dominates the dry fi elds of legal positivismand conservative social science. Bentham asked ‘is a law the sign of thevolition of the sovereign?’ Elsewhere, Bentham asserted that the contentof the law bore no relation to its validity. This article examines thischange from the earlier Whig thought which informed the AmericanRevolution and what became of it.
Listening to Their Voices: Women Prisoners and Access to Justice in Manitoba
Authors: Parkes Debra , Bent Kathy , Peter Tracey , Booth Tracy
Published: April 2017

The existing research into effective accountability and oversight of Canadian prisons has considered the situation of federally sentenced prisoners (that is, those serving sentences of two years or more) and has raised serious questions about their ability to access justice in the sense of having adequate and accessible means to ensure that their treatment and conditions of confinement are just and in compliance with the law. Relatively little is known about the state of oversight and legal review processes at the provincial level, where jail terms are short and prisoners’ rights litigation is rare. This paper attempts to begin filling that gap in knowledge by examining the situation faced by women imprisoned in provincial jails in Manitoba. The paper first surveys the existing international and domestic laws concerning prisoners rights and avenues for redress in Manitoba, before moving on to consider why and how those mechanisms are utilized or not, by listening to the voices of women who have been incarcerated recently at the Portage Correctional Centre. Finally, the paper considers what legislative or policy changes might be made to provide access to justice for provincial prisoners, drawing on recommendations and insights from the women themselves.
Creeping Capitalism and Academic Culture at a Canadian Law School
Authors: Shanahan Theresa
Published: April 2017

This paper considers the influence of academic restructuring associated with neo-liberal postsecondary policies on the culture of law schools and legal scholarship in Canada. It offers empirical data from a case study of the Faculty of Law at the University of British Columbia. This paper examines the impact of the changing Canadian political economy on the scholarship and culture at the law school and explores the implications for professional autonomy and academic freedom. The findings suggest that, at the time of data collection (2002-2004), the changing political economy had not (yet) affected the law school at the University of British Columbia in the same manner as other jurisdictions and disciplines described in the literature. The data shows that law professors who participated in the study experienced increasing pressures associated with corporatization, commodification and marketization in the larger university, however they consistently described high levels of academic freedom and professional autonomy over their work and scholarship. While there is some evidence of the transformation of academic culture associated with economic restructuring there is also evidence that law professors at this school have maintained control over the direction of their intellectual scholarship.
Quiet Contributions: Re-Examining the Benefits of a Restorative Approach to Sentencing in the Aboriginal Context
Authors: Wihak Lauren
Published: April 2017

Restorative justice challenges the traditional outcomes and processes of the criminal justice system. While as a unified theory of punishment restorative justice is notably problematic, elements of it have been incorporated within sentencing regimes around the world. Responding to increasing incarceration rates and disproportionate Aboriginal incarceration rates and in articulating the fundamental purpose and principles of sentencing, Parliament included principles of restorative justice, thanks in part to a belief in its particular application to Aboriginal offenders. The Canadian approach to restorative justice is focused entirely on securing non-custodial outcomes. However, other principles of sentencing, Canadian appellate jurisprudence, further legislative amendment, and the growth of penal populism demonstrate that the Canadian sentencing regime, taken as a whole, precludes this very goal. The author demonstrates that the statutory adoption of restorative justice through the Criminal Code has not had its intended effect: Aboriginal offenders are just as likely to face a term in custody as they were prior to the 1996 amendments. That said, there remains a role for restorative justice. The author argues for a shift to restorative processes. This shift would allow for a continued commitment to restorative justice while alleviating the obstacles associated with an outcome-centered approach. Importantly, it reflects the recognition that the Aboriginal offender can benefit from actively participating in the determination of how best to address his offending. Finally, this approach recognizes that there is a disconnect between the criminal justice system and traditional Aboriginal justice, and reflects factors shown to increase voluntary compliance with the law.
William A. Schabas, An Introduction to the International Criminal Court
Authors: Haidar Anan A.
Published: April 2017

As with previous editions, the third edition of Professor Schabas’ book presents a clear and understandable description of the establishment and operation of the International Criminal Court. He provides both a concise and coherent analysis of the Rome Statute’s substantive law and a clear guide to the relevant procedure.
Intelligent Governmentality
Authors: De Lint Willem
Published: April 2017

Recently, within liberal democracies, the post-Westphalian consolidation of security and intelligence has ushered in the normalization not only of security in ‘securitization’ but also of intelligence in what is proposed here as ‘intelligencification.’ In outlining the features of intelligencified governance, my aim is to interrogate the view that effects or traces, and productivity rather than negation is as persuasive as commonly thought by the constructivists. After all, counter-intelligence is both about purging and reconstructing the archive for undisclosed values. In practice, what is being normalized is the authorized and legalized use of release and retention protocols of politically actionable information. The intelligencification of governmentality affords a sovereignty shell-game or the instrumentalization of sovereign power by interests that are dependent on, yet often inimical to, the power of state, national, and popular sovereignty.
Equality Kapped; Media Unleashed
Authors: Majury Diana
Published: April 2017

In this paper, Diana Majury looks at the Supreme Court of Canada’s recent s.15 decision, R. v. Kapp, in a preliminary exploration of the different understandings of equality she sees operating in three different sites (the Supreme Court, equality advocates, and the general public). She looks at the first two sites simultaneously by offering her equality advocate’s critique of the Kapp decision, outlining where the decision falls short of the substantive equality that equality advocates have been theorizing and promoting. She then looks at media responses to the decision, responses that almost unanimously present a formal equality understanding of equality. Recognizing that media coverage provides only a very limited and partial window on public perceptions, the media coverage of Kapp nonetheless raises the spectre that the general public understands equality only to mean formal equality. This conclusion highlights the importance of Rose Vyovodic’s work in combining equality and public education and the need for that work to be continued and expanded.
Bringing the Clinic into the 21st Century
Authors: Macfarlane Julie
Published: April 2017

Emerging in the 1960’s, the clinical legal education movement promoted an important dual mission – the training of law students in practical client advocacy and the service of under and un-served communities. These laudable goals spawned a movement of great significance for legal education. At its peak the clinical movement can point to hundreds of clinics in law schools across the world, specially appointed clinical faculty, a law review and the development of a voluminous literature on clinical teaching methodology. However in the last 10 years student interest, funding and scholarly attention to the legal clinics has faded. This article argues that this is in part due to the mission and ideology of the law school clinics remaining “stuck” in a conception of social justice lawyering that is heavily dependent on rights-based strategies and traditional, hierarchical conceptions of the lawyer/client relationship. While reflecting the same stasis that affects the wider law school curriculum, this disconnect from the needs of contemporary clients as well as an increasingly pluralist model of legal services has unique implications for the legal clinics.
Reimagining Haj Khalil v. Canada
Authors: Bahdi Reem
Published: April 2017

This paper emphasizes the importance of cultural competence for tort law by analyzing the Federal Court’s decision in Haj Khalil v. Canada. Given that this symposium in honour of Rose Voyvodic’s life and work is entitled “Re-Imagining Access to Justice,” this paper asks “how do the principles of cultural competence allow us to think about the facts of the Haj Khalil differently. In particular, what would a cause in fact analysis look like if it were informed by the principles of cultural competence?” My analysis proceeds by “reading the silences” or focusing on the unstated assumptions and unexplored elements of Haj Khalil’s story to bring into focus factors relevant to factual causation which remain largely unexplored or undervalued by the Federal Court. An examination of the facts that framed Haj Khalil`s claim against immigration officials through a culturally competent lens would open the possibility of a different understanding of causation as it arises on the facts of the case. While Canadian courts have emphasized the importance of social context for fair judgment, they have not fully come to grips with the implications of social context for judicial decision-making. This is particularly the case within negligence law which remains vexed by the need to maintain an objective standard while simultaneously recognizing the importance of context and circumstance to particular claims.
Strengthening Social Justice in Informal Dispute Resolution Processes Through Cultural Competence
Authors: Smyth Gemma
Published: April 2017

Professor Voyvodic’s call for cultural competence as an ethical requirement challenges perceptions of the legal profession as inherently and necessarily morally neutral. While lawyers wrestle with the boundaries of ethical mandates, alternative dispute resolution practitioners have adopted their own codes of ethics following very much in the path of the law. Although expanding dispute resolution options for disputants, many theorists have warned of the potential of informalism to undermine natural justice principals. I will argue that the choice to omit any explicit commitment to a “social justice ethic” leaves the practice of ADR vulnerable to these decades-old arguments that informalism erodes protections for marginalized populations. As such, I will argue that mediators must call for an explicit social justice mandate in their codes of conduct, training and practices to cement the place of informal processes as equitable – not just efficient – options for settlement. In doing so, informal processes, particularly mediation, may increase discourse in civil society about human rights, thus strengthening their congruence with lived realities of citizens.
India Sinking: Threats to the Right to Food, Food Security & Development, in an Era of Economic Growth
Authors: Pillay Sukanya
Published: April 2017

Despite reports of being Asia’s next economic superpower, India is experiencing a crisis in food that threatens development, peace, and security. Affecting 700 million Indians, the food crisis is caused by the State’s failures to uphold its legal obligations to protect the international human right to food. Conflicting post-Independence agricultural policies, the Green Revolution, and neoliberal reforms imposed at the behest of the World Bank, the International Monetary Fund, and the World Trade Organization, have dismantled the country’s food production capacity. The result is increased hunger, poverty, malnutrition, starvation, deaths, vast social inequities, inflated food prices, the decimation of small-scale farming, epidemic farmer suicides, and the loss of biodiversity, each of which violate the international human right to food, and threaten development, peace, and security. Part II of this article sets out India’s legal obligations to protect the right to food, the prerequisite of this right for development, and the duty of the State to ensure non-State actors respect this right. Part III of this article explains how and why policy reforms in India have removed key resources from small-scale farmers and rural Indians, leaving India with the highest malnutrition, poverty, and hunger rates in the world. Part IV concludes that the neoliberal reforms have resulted in the failure of the right to food and the right to development in the country, and have perpetuated poverty, powerlessness, and exclusion among India’s poor; India must pursue a development strategy that is human-rights centered, and must implement economic reforms that are grounded in justice, equity, and respect for the inherent dignity of the human being. Some initial areas for reform are identified as a means for the Indian government to protect the right to food, and to work towards the realization of the full benefits of development for all Indians.
Balancing Necessity and Individual Rights in the Fight Against Transnational Terrorism: “Targeted Killings” and International Law
Authors: Coombes Karinne
Published: April 2017

This article explores the restraints international human rights law and international humanitarian law place on a State’s use of lethal force against suspected terrorists. Although the law restricts the ability to target suspected terrorists, it is argued that these limits should be respected in order to protect innocent civilians from undue harm. Under IHRL, it is argued that the right to life as a peremptory norm restricts extra-territorial targeted attacks of suspected terrorists. Accordingly, such action should only be considered lawful when it is necessary to protect the State’s population from a known threat and lesser force would not suffice. Under IHL, it is argued that there is no third category of “unprivileged” or “unlawful” combatants who are subject to lawful targeting for the duration of the hostilities; rather, non-State actors who participate in an armed conflict may be lawfully targeted for the duration of their participation, including an ongoing chain of hostile acts.
Unfinished Business: Canada’s Contribution to Promoting Compliance with International Humanitarian Law Through the Protection of Civilians in Armed Conflict Agenda of the United Nations Security Council
Authors: Martin Joelle A. , Young Robert M.
Published: April 2017

During its 1999-2000 term on the United Nations Security Council, Canada helped launch the Council’s “Protection of Civilians in Armed Conflict” agenda. This aimed to reduce civilian war casualties through better respect for international humanitarian law [IHL]. This article reviews the agenda’s origins and evolution ten years on. The authors focus on Canada’s contributions in increasing the Council’s efforts to protect civilians, with three main assertions. First, Canada had a key role in creating and promoting the agenda, an important IHL initiative. Second, the agenda is well established in the Council’s work, but needs further effort to ensure greater impact in specific situations. Third, Canada could develop the agenda and improve respect for IHL if it joins the Security Council for the 2011-2012 term, picking up its “unfinished business” from its last Council term.
De-Conflicting Canada’s Anti-Terrorism Legislation: Khawaja and the Ongoing Challenges of the ‘Armed Conflict’ Exclusion
Authors: Penny Christopher K.
Published: April 2017

The definition of ‘terrorist activity’ is fundamental to Canada’s anti-terrorism legislation. Following the recent trial of Momin Khawaja before the Ontario Superior Court of Justice, it is clear that the ‘armed conflict’ exclusion – exempting wartime activities undertaken in accordance with international law – poses serious challenges to the coherence of this legislative regime, threatening the effectiveness of future domestic terrorism prosecutions. This article examines the ‘armed conflict’ exclusion and its judicial treatment in Khawaja, identifying key challenges and making specific recommendations to address them. Coupled with other issues arising from the ‘armed conflict’ exclusion, Khawaja serves to highlight a clear and pressing need for amendment of the statutory definition of ‘terrorist activity.’
La Réparation Individuelle en Application des Mécanismes Prévus par le Droit International Humanitaire
Authors: Rondeau Sophie
Published: April 2017

This paper presents a series of questions on the present state of the role of judicial standards arising from the system of international humanitarian law [IHL] as regards the right to compensation, by making it a point to place the person as a war victim at the center of our reflection. In considering the concept of compensation from the angle of the victim as a whole, we seek to know whether there exists a right to compensation to which the victim of an armed conflict governed by international humanitarian law is entitled. The very foundation of this research is thus based on the conventional normative framework of IHL governing the concept of compensation, whether or not it grants a right to a victim.
Applying IHL Targeting Rules to Practical Situations: Proportionality and Military Objectives
Authors: Fenrick William J.
Published: April 2017

The IHL targeting rules are framed in relatively abstract terms and there is, unfortunately, no general agreement concerning precisely which objects constitute military objectives and concerning the relative values to be assigned to civilian losses and military advantages when computing the proportionality equation. The author encourages the development of a dialogue between all informed and interested parties, based in large part on case studies, to clarify the concepts.
Mediation in Guardianship Proceedings for the Elderly: An Australian Perspective
Authors: Carroll Robyn , Smith Anita
Published: April 2017

Recognition of the benefits that mediation offers to litigants andto the court and tribunal systems has led to formal recognitionand institutionalization of the process in Australia, Canada, theUSA and many other countries. In many instances, these benefitsinclude flexibility of process, informality, a more conciliatoryapproach to dispute resolution and reduced costs to parties.Some of these benefits, when compared to more traditional andadversarial court processes, have also flowed from the introductionof tribunals in many jurisdictions, including guardianship.Guardianship proceedings in Australia are by tribunals, notcourts, and they use flexible procedures, are generally timely, informal,non-adversial and rarely involve extensive legal costs. Inapplications made pursuant to guardianship legislation in Australia,guardianship tribunals are required to consider the wishesof the person about whom a guardianship application is made,find the outcome that is the least restrictive of that person’s freedomof decision or action and make decisions that are in the bestinterests of that person. In this tribunal environment a numberof questions arise regarding the use of mediation in guardianshipproceedings. Firstly, if the process is already efficacious andinexpensive, do the usual inducements for using mediation arise?Secondly, effective mediation requires that one party is not at asignificant disadvantage to another during the mediation process.What measures, if any, are in place to ensure that an elderlyperson with a disability is able to participate in mediation in ameaningful way? Thirdly, given the legislative principles to beapplied by guardianship tribunals once an application is beforethem, is it ever appropriate that an application be resolved byconsensus between the parties and if so, when? This article addressesthese questions and other issues that need to be addressed ifmediation is to play a larger role in resolving guardianship issues.
HLA Hart, Lon Fuller and the Ghosts of Legal Interpretation
Authors: Manderson Desmond
Published: April 2017

Henry James’ short novel The Turn of the Screw appeared in 1898. It is a ghost story, uncanny both in content and in form. It relates such uneventful events that the reader is left turning from interpretation to interpretation, trying to determine just what is going on. Yet like the ghosts themselves, wherever we look, there is nothing to see. Until the very last sentence of the book, which hits one like a fist, nothing happens, nothing is proved, and yet a palpable feeling of tension and anxiety builds. It is therefore not fanciful to suggest that the real power of the story lies not in its narrative but in its rhetoric. The book creates a mood of anxiety that infects the reader’s reading. This is what one might call the ‘performative’ dimension of the story. James’ tale constitutes a reader, alert but confused, who thereby experiences the feeling of being part of a ghost story rather than merely reading about one. Sixty years later, HLA Hart and Lon Fuller likewise do not merely describe two different approaches to legal interpretation: in their style, rhetoric and structure they perform these approaches. This essay similarly wishes to connect its argument with its form and for this reason I have chosen to devote considerable space to discussing a work of literature. The Turn of the Screw illuminates certain essential features of the Hart/Fuller debate. Both are tales about law, interpretation, and ghosts. Through James, this essay argues that the debate between Hart and Fuller epitomizes legal interpretation as haunted. Rhetorically, they present two largely incommensurable visions of law. Yet their efforts to exclude the other’s approach fails. But instead of choosing between Hart and Fuller we can gain a richer understanding of legal interpretation if we treat their performance as mutual and interactive. I do not mean that Hart and Fuller can in any way be reconciled through compromise or synthesis. I mean rather that each remains ‘haunted’, and therefore productively unsettled, by the perspective of the other. To be haunted is never to be comfortable with one’s judgment or knowledge, never at peace. This may be ‘a horror’ in a story, but necessary in a legal system.
Judging Fairness in Class Action Settlements
Authors: Piché Catherine
Published: April 2017

In this paper, I describe the face of modern civil justice and discuss four paradoxes which justify re-evaluating the role of the judge responsible for reviewing class action settlements, in light of modern judicial culture. I also critically evaluate the existing procedures applicable to the fairness review as well as the judicial role described in the caselaw and doctrine, before suggesting a revised, three-parted role for the reviewing judge in the class action settlement context. Ultimately, I suggest that to reach fairness of process and outcome in class action settlements, judges should remain active and creative in their inquisitorial assessment of proposed class action settlements. They should also remain conciliatory, participating in the search for solutions regarding the proposed settlement, always seeking to find the truth (and what is “just”) about the proposed settlement, in the utmost respect for the rights of absent class members, the respect of their interests, and the additional consideration of the interests of the defendants and of the public.