bluuebunny/crossref_metadata_2025_split huggingface dataset:
Sweating it Out: Facilitating Corrections and Parole in Canada Through Aboriginal Spiritual Healing
Authors: Milward David 
Published: April 2017

Aboriginal peoples continue to be subjected to drastic over-incarceration. Much of the existing literature explores contemporary adaptations of Aboriginal justice traditions that resemble restorative justice as a solution. There is by comparison a lack of literature that considers searching for solutions during the correctional phase of the justice system, after Aboriginal persons have already been convicted and imprisoned. The objective of this paper is to explore a number of reforms in order to better facilitate rehabilitation, reintegration, and parole for Aboriginal inmates. One is to invest greater resources into culturally sensitive programming that emphasizes spiritual healing for Aboriginal inmates. This is premised on the theme of “spend now, save later” with the idea that increasing the chances for Aboriginal re-integration may represent the better long term investment than simply warehousing large numbers of Aboriginal inmates year after year. Another problem is that many Aboriginal inmates are classified as higher security risks, which results in them being cut off from needed programming. The suggestion here is that criminal history as a static factor for determining security classifications may have little predictive value for the actual security risk posed by Aboriginal inmates, and therefore should be de-emphasized. Correctional Services of Canada should seriously consider developing an Aboriginal-specific classification scale that de-emphasizes criminal history, and emphasizes instead offender participation in culturally appropriate programs and spiritual healing, and behavioural progress while in prison. Risk assessment to re-offend for purposes of granting parole may also represent a form of systemic discrimination since criminal history represents a static factor that encumbers parole for many Aboriginal inmates. Risk assessment should instead emphasize dynamic risk factors by assessing Aboriginal participation in culturally appropriate programming, and attendant behaviourial progress while in prison. The difficult issue of Aboriginal gang activity can perhaps be dealt with through a more flexible system of risk assessment that gauges a willingness to reform and dissociate from the gang lifestyle rather than require Aboriginal inmates to endure nearly permanent penalties for past involvement. Finally, the paper will suggest that it is possible to overcome the political obstacles to implementing these reforms and obtain a political mandate to pursue them after the public is made aware of the benefits they offer.
OVERCOMING OBSTACLES TO IMPLEMENTING THE UN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES IN CANADA
Authors: Gunn Brenda L 
Published: April 2017

The majority vote by the General Assembly, which brought the UN Declaration on the Rights of Indigenous Peoples into existence as an international instrument, was just the first step. Now the long and difficult road of implementation begins. Implementation requires the application of international law in a specific national context. This article explores the potential obstacles to implement the UN Declaration in Canada and suggest avenues to overcome these obstacles. This article concludes that the main obstacle is not a legal one, but rather a lack of political will. Given the limited understandings of the UN Declaration as an international instrument and how international law applies in Canada, this article provides an overview of the significance of a Declaration in international law and also explains how international law applies in Canada. The main recommendation to promote implementation is greater education on the UN Declaration. However, there are also many actions that Indigenous peoples, lawyers and advocates can take to promote implementation in legal and political domains that are discussed at the end of the article.
ASSUMING REGULATORY AUTHORITY FOR TRANSNATIONAL TORTS: AN INTERSTATE AFFAIR? A HISTORICAL PERSPECTIVE ON THE CANADIAN PRIVATE INTERNATIONAL LAW TORT RULES
Authors: Banu Roxana 
Published: April 2017

In Tolofson v. Jensen, the Supreme Court of Canada determined that in most cases the law of the place where the tort occurred has exclusive authority to regulate all legal aspects related to it. In developing this choice of law rule, the Supreme Court relied on an analogy between Private International Law and Public International law. This allows Private International Law to claim a structural, neutral function in the distribution of legislative authority in the international realm and to ignore both private law and public law considerations. To best reveal the way in which the Supreme Court injected these limitations into Private International Law by reference to Public International Law, I show the striking similarity between the Supreme Court’s reasoning and several Private International Law writings at the end of the 19th century in Continental Europe.
In the context of the extraterritorial tortious activity of multinational corporations, these limitations make Private International Law oblivious to arguments of Corporate Social Responsibility scholars showing that a multinational corporation may legitimately be regulated by the state of its headquarters, even for extraterritorial conduct. Overall, I argue that an overemphasis on legislative authority as a symbol of state sovereignty transforms Private International Law matters generally, and transnational torts in particular, in inter-state affairs, removed from the interests and pleas of the individuals and communities affected by them.
RACIALIZED IN JUSTICE: THE LEGAL AND EXTRA-LEGAL STRUGGLES OF MIGRANT AGRICULTURAL WORKERS IN CANADA
Authors: Smith Adrian A 
Published: April 2017

Considerable attention has been directed at the Supreme Court of Canada’s 2011 Fraser decision regarding the constitutional right to freedom of association of agricultural workers in Ontario. While these interventions rightly tend to chastise the Court’s ruling denying meaningful associational rights, a marked indifference exists toward the racialized dimensions of the ruling and of agricultural labour production in Canada more broadly. But an application of the insights of critical race theory, while necessary to addressing the limits of contemporary jurisprudential and scholarly legal analysis, fails to sufficiently confront the particularities of labour exploitation embedded in Canada’s temporary labour migration regime. Striving to deepen the study of racialization, labour and law in Canada, I situate the legal and extra-legal struggles of migrant agricultural workers within an anti-racist class analysis of law attentive to the ways racialization and racism infuse labour migration. The racialized class construction of migrant labour -- a “structural necessity” within agricultural production -- occurs through the imposition of politico-legal impediments organized through global capitalism and the system of national states. The analysis ends by advocating a turn away from prevailing approaches to the study and practice of labour law to a transgressive agenda concerned with openly contesting capitalist exploitation in all forms including racialized legal regulation of migrant agricultural labour.
LOOKING FOR QUALITY: THE EMPIRICAL DEBATE IN ACCESS TO JUSTICE RESEARCH
Authors: Leitch Jennifer A 
Published: April 2017

Access to Justice remains one of the most contested issues on the law-and-society agenda. There has been continuing conceptual debate over its meaning, its objectives, and its success. Of late, attention has turned to efforts to measure the impact and efficacy of different initiatives aimed at improving individuals’ access to justice. Along with a broader turn toward empirical studies in law, there have been renewed efforts within the access to justice field to develop a more compelling and convincing methodology by which to assess and evaluate these different initiatives.
FROM ENFORCEMENT TO INTEGRATION: INFUSING ADMINISTRATIVE DECISION-MAKING WITH HUMAN RIGHTS VALUES
Authors: Raso Jennifer 
Published: April 2017

This article proposes an integration approach to realize human rights values within administrative agencies. Using social assistance as a factual context, it examines how rights enforcement has become the dominant mechanism for reforming government benefits programs. Rights enforcement is ineffective at achieving the values underlying human rights codes, however, even where enforcement occurs at administrative tribunals. Attention must therefore be directed towards efforts to infuse individual and institutional discretion with human rights values. Given their quasi-constitutional status, such values have a key role to play in shaping the design of administrative agencies and the everyday decisions of front-line workers.
SHIFTING GROUND, SOLID FOUNDATIONS: IMAGINING A NEW PARADIGM FOR CANADIAN CIVIL SOCIETY ENGAGEMENT
Authors: Ramanujam Nandini , Gorvie Miatta 
Published: April 2017

Members of civil society are increasingly decrying what they identify as an insidious trend whereby the government is targeting organizations whose mandates run contrary to the federal government’s political and economic agendas and creating a chill around public policy and advocacy work. The media as well as civil society organizations [CSOs] themselves have documented government attempts to undermine and stifle the voices of dissenting organizations, ranging from rhetorical attacks to the withdrawal of funding for ambiguous reasons. The climate of resentment and suspicion between civil society actors and the government is detrimental for safeguarding the tradition of accountability and transparency in Canada’s democratic institutions. Amidst this turbulent environment, this paper examines the often-made claim by CSO leaders in Canada that public funding is a necessary requirement for a strong civil society, with the aim of challenging and mobilizing the civil society community to not only survive but to reinvigorate its engagement to further social justice in this changing social and economic landscape. We argue that discussions of the state of civil society in Canada focus disproportionately on the question of funding and relationship-building with the government and expose the unforeseen consequences of this trade-off for CSOs, their members, and constituent communities. We close by introducing the potential of a new paradigm of “principled engagement” that would allow Canadian CSOs to thrive as sustainable, adaptable social justice advocates in coming years.
THE POLICING OF MAJOR EVENTS IN CANADA: LESSONS FROM TORONTO’S G20 AND VANCOUVER’S OLYMPICS
Authors: Pue Wes , Diab Robert , Jackson Grace 
Published: April 2017

Major events ranging from sporting events to major international conferences too often result in disorder, deployment of riot squads, and mass arrests. Events surrounding a meeting of the G20 in Toronto and those at Vancouver’s Winter Olympics provide insight into the ways in which things can go wrong and the ways in which they can go well at major events. This article employs a “thick history” of events in order to explore gaps in Canadian law, including gaps between “law in the books” and “law in action.”
The legal frameworks governing large-scale events affect the likelihood of success measured in public safety, minimization of disorder, and protection of basic liberties. Surprisingly, large events often proceed without the benefit of a developed legal framework, leading to confusion among federal police, local police, and civil authority. We assess past reliance on the common law, a Vancouver City bylaw, Ontario’s Public Works Protection Act [PWPA], and the policing and security provisions of the federal Foreign Missions and International Organizations Act (Foreign Missions Act) in order to determine which sorts of legal arrangements are most conducive to successful event management. Since major events in Canada are most often developed in law’s penumbra, without the benefit of clear legal authority or statutory direction governing the measures that are required, both effective management and ordinary liberties are compromised. A “worst of both worlds” outcome destabilizes police–citizen relationships and leaves individuals uncertain as to the durability of their rights of property, speech, assembly, movement, and personal integrity. Equally, police forces are left insecure as to the lawful means by which they should perform their duties. A comparison of the two events provides the pathology and a prescription, illustrating the need for legislation to govern the management of major events.
ACCESS TO JUSTICE AND ABUSES OF CONTRACT
Authors: Radin Margaret Jane 
Published: April 2017

Mass-market standardized fine print (boilerplate) altering the rights of consumers is greatly expanding in today’s digital environment Mass-market boilerplate impacts access to justice when it deletes rights to redress of grievances. Such deletion of rights leads to normative degradation because it undermines agreement, which is the basis of justifiable contractual enforcement, and leads to democratic degradation because it undermines the basis of civil society and the rule of law. A brief comparison of US and Canadian common law suggests that Canada’s legal system is less willing to allow these inroads into access to justice.
Privacy-Preserving Record Linkage: An international collaboration between Canada, Australia and Wales
Authors: Pow Conrad , Iron Karey , Boyd James , Brown Adrian , Thompson Simon , Chong Nelson , Ma Charlotte 
Published: April 2017

ABSTRACT
ObjectivesLinkage of “big data” can provide the answers to a variety of health questions that benefit the delivery of patient care, impact of policies, system planning and evaluation. In some jurisdictions, legal and operational barriers may prevent data linkage for research and system evaluation. Collaboration between international research institutions in Canada, Australia and Wales was formed at the Farr Institute International Conference in 2015. This partnership will test privacy-preserving record linkage (PPRL) techniques for linkage accuracy on real datasets held in a Canadian data repository.
ApproachBloom filter PPRL techniques have been incorporated into a prototype linkage system. Evaluations on probabilistic linkage using Bloom filters method have shown potential for large-scale record linkage, performing both accurately and efficiently under experimental conditions. The prototype will be used to evaluate the Bloom filter PPRL techniques in 3 phases. Phase 1: 3 tests using simulated data relating to 20 million individuals will be matched to a sub-cohort of 1 million individuals. Phase 2: 100,000 people from hospital inpatient records will be matched to 18 million people in a health system registration file.
These tests will inform whether the method can achieve high levels of privacy protection without negatively impacting performance and linkage quality. Performance indicators include match rate and processing efficiency based on record volumes.
ResultsLinkage quality will be assessed by the number of true matches and non matches identified as links and non-links. This method will be evaluated using synthetic and real-world datasets, where the true match status is known. Initial performance testing linked a file of 3,000 records to 30,000 with a 100% match result. Subsequent test phases as above will continue to be evaluated and these results will be presented.
ConclusionCompletion of the phased tests will confirm the ability to link datasets while preserving privacy. This international collaboration will expand the utility of this prototype linkage system and expand the global knowledge bank focusing on PPRL methods in general. It will also inform how to adapt to local requirements by providing a solution to many common legal and administrative challenges.
Evaluation of advanced techniques for multi-party privacy-preserving record linkage on real-world health databases
Authors: Ranbaduge Thilina , Vatsalan Dinusha , Randall Sean , Christen Peter 
Published: April 2017

ABSTRACT
ObjectiveThe linking of multiple (three or more) health databases is challenging because of the increasing sizes of databases, the number of parties among which they are to be linked, and privacy concerns related to the use of personal data such as names, addresses, or dates of birth. This entails a need to develop advanced scalable techniques for linking multiple databases while preserving the privacy of the individuals they contain. In this study we empirically evaluate several state-of-the-art multi-party privacy-preserving record linkage (MP-PPRL) techniques with large real-world health databases from Australia.
ApproachMP-PPRL is conducted such that no sensitive information is revealed about database records that can be used to infer knowledge about individuals or groups of individuals. Current state-of-the-art methods used in this evaluation use Bloom filters to encode personal identifying information. The empirical evaluation comprises of different multi-party private blocking and matching techniques that are evaluated for different numbers of parties. Each database contains more than 700,000 records extracted from ten years of New South Wales (NSW) emergency presentation data. Each technique is evaluated with regard to scalability, quality and privacy. Scalability and quality are measured using the metrics of reduction ratio, pairs completeness, precision, recall, and F-measure. Privacy is measured using disclosure risk metrics that are based on the probability of suspicion, defined as the likelihood that a record in an encoded database matches to one or more record(s) in a publicly available database such as a telephone directory. MP-PPRL techniques that either utilize a trusted linkage unit, and those that do not, are evaluated.
ResultsExperimental results showed MP-PPRL methods are practical for linking large-scale real world data. Private blocking techniques achieved significantly higher privacy than standard hashing-based techniques with a maximum disclosure risk of 0.0003 and 1, respectively, at a small cost to linkage quality and efficiency. Similarly, private matching techniques provided a similar acceptable reduction in linkage quality compared to standard non-private matching while providing high privacy protection.
ConclusionThe adoption of privacy-preserving linkage methods has the ability to significantly reduce privacy risks associated with linking large health databases, and enable the data linkage community to offer operational linkage services not previously possible. The evaluation results show that these state-of-the-art MP-PPRL techniques are scalable in terms of database sizes and number of parties, while providing significantly improved privacy with an associated trade-off in linkage quality compared to standard linkage techniques.
Processing of heterogeneous MS register data within the EUReMS project
Authors: Meissner Tina , Buckow Karoline , Baum Benjamin 
Published: April 2017

ABSTRACT
ObjectivesEUReMS (European Register for Multiple Sclerosis), a project including more than ten national and regional European MS registers, is aiming to enable analyses across European registers by joining existing, heterogeneous MS data in four different studies. Each participating register delivered productive data comprising information on socio-demography, disease course, medical exams or treatment. In terms of data quality, especially comparability and integrity, a data handling routine has been implemented using an open source ETL (extract transform load) tool (“Talend Open Studio”) to process the large amounts of heterogeneous raw data. That approach will be presented.
ApproachAs a first step in harmonizing datasets of different registers, a basic EUReMS data structure was defined for each of the four project studies, considering all information required to answer the research questions. Through the data handling process, the data exports are going to be converted into the prior defined study data structure to facilitate comparability and data analyses across the various registers participating in one study. In regard to quality assurance the data handling process has been validated before providing data for analyses.
ResultsThe data handling process consists of five steps: Reading/Splitting, Cleaning, Mapping and Creating Study Datasets. During the first step, data is read and split into variables that are going to be used within the study datasets. The heterogeneity of the data is again noticeable in the data types of the source files, ranging from csv or Excel to Access Database. During the cleaning step, data is checked for incorrect or missing values and are, as a way of ensuring traceability, saved in specific reject files. In the mapping step, register specific variables are mapped to the defined EUReMS denotations. By that, the heterogeneous data is harmonized, disabling misinterpretation of register specific variables, often in national language or unfamiliar abbreviations. The data is merged into study datasets that are uniform in appearance for each study and are provided to the statistical department for analyses in order to gain insight on disease related questions.
ConclusionThe implemented process enables the transparent, standardised and reproducible handling of heterogeneous data and is the groundwork for analyses across the various MS registers. Though it is a time-consuming task at the first implementation, we have been able to harmonise the heterogeneous data successfully.