Digital Commons Network^™

A Review Of Mine Closure Planning And Practice In Canada And Australia, Sm Zobaidul Kabir, Fazle Rabbi, Mamta B. Chowdhury, Delwar Akbar

Fazle Rabbi

This paper reviews mine closure practice in Australia and Canada and provides similarities, dissimilarities and common shortcomings of mine closure practice. Closure of mine with appropriate planning is a recent move as a part of sustainable mining practice and both Canada and Australia have developed requirements for mine closure process. By reviewing ten site-specific closure plans against international good practice criteria, this study finds that in general, both the countries share key requirements of mine closure; hence comply with good practice of mine closure planning. However, there are some common shortcomings of existing mining closure planning practice in Canada and …

Industrial Hemp: Canada Exports, United States Imports, Courtney N. Moran Ll.M.

Courtney N. Moran LL.M.

Industrial hemp, a non-psychoactive variety of Cannabis sativa L., (C. sativa) is the greatest renewable resource available to mankind. Industrial hemp is an environmentally friendly crop that does not require herbicides or pesticides and can clean up toxins in soil. Manufacturers can produce hemp into over 25,000 products.

More than 30 industrialized nations, including Canada, cultivate industrial hemp for commercial purposes. Despite the fact that industrial hemp is a viable agricultural commodity, in the United States hemp is classified as marihuana, a Schedule I controlled substance, under the Controlled Substances Act (CSA). Therefore, it is illegal under U.S. federal law …

Why Does Executive Greed Prevail In The United States And Canada But Not In Japan? The Pattern Of Low Ceo Pay And High Worker Welfare In Japanese Corporations, Alberto R. Salazar V.

Alberto R. Salazar V.

According to a list of the 200 most highly-paid chief executives at the largest U.S. public companies in 2013, Oracle’s Lawrence J. Ellison remained the best paid CEO and earned $96.2 million as total annual compensation last year. He has received $1.8 billion over the past 20 years. The lowest paid on the same list is General Motors’ D. F. Akerson who earned $11.1 million. The average national pay for a non-supervisory US worker was $51,200 last year and a CEO made 354 times more than an average worker in 2012. Hunter Harrison, Canadian Pacific Railway Ltd., was the best …

An Oblique Blackness: Reading Racial Formation In The Aesthetics Of George Elliott Clarke, Dionne Brand, And Wayde Compton, Jeremy D. Haynes B.A.H.

Jeremy D Haynes B.A.H.

This thesis examines how the poetics of George Elliott Clarke, Dionne Brand and Wayde Compton articulate unique aesthetic voices that are representative of a range of ethnic communities that collectively make-up blackness in Canada. Despite the different backgrounds, geographies, and ethnicities of these authors, blackness in Canada is regularly viewed as a homogeneous community that is most closely tied to the cultural histories of the American South and the Atlantic slave trade. Black Canadians have historically been excluded from the official narratives of the nation, disassociating blackness from Canadian-ness. Epithets such as “African-Canadian” are indicative of the way race distances …

An Anachronism Too Discordant To Be Suffered: A Comparative Study Of Parliamentary And Presidential Approaches To Regulation Of The Death Penalty, Derek R. Verhagen

Derek R VerHagen

It is well-documented that the United States remains the only western democracy to retain the death penalty and finds itself ranked among the world's leading human rights violators in executions per year. However, prior to the Gregg v. Georgia decision in 1976, ending America's first and only moratorium on capital punishment, the U.S. was well in line with the rest of the civilized world in its approach to the death penalty. This Note argues that America's return to the death penalty is based primarily on the differences between classic parliamentary approaches to regulation and that of the American presidential system. …

Romania-Canada Diplomatic Visits - Photographic Memory Of History -, Silvia-Adriana Tomescu

Silvia-Adriana Tomescu

No abstract provided.

Enforcing International Law: States, Ios, And Courts As Shaming Reference Groups, Roslyn Fuller, Sandeep Gopalan

Roslyn Fuller

We seek to answer the question as to whether international law imposes meaningful constraints on state behaviour. Unabated drone strikes by the dominant superpower in foreign territories, an ineffective United Nations, and persistent disregard for international law obligations, as evidenced by states killing their own citizens, all suggest that the sceptics have won the debate about whether international law is law and whether it affects state behaviour. We argue that such a conclusion would be in error because it grossly underestimates the complex ways in which IL affects state behaviour. We argue that scholars who claim that the lack of …

Sudanese And Somali Refugees In Canada: Social Support Needs And Preferences, Edward Makawrimba, Miriam Stewart, Laura Simich, Knox Makumbe, Edward Shizha, Sharon Anderson

Edward Shizha

The aim of the study was to identify the unique support needs and preferences of African refugees in Canada. In-depth interviews were conducted with Sudanese and Somali refugees (n=68) living in two cities in central and western Canada. Refugees were interviewed individually to identify their support needs, current sources of support, available support programmes, barriers to access to support resources, and preferred support interventions. These refugees reported major support needs, depleted social networks, and barriers to accessing services and supports. They identified distinct preferences for support from peers from the same country of origin and professionals. Participants wanted group-level support …

Equality Qua Equality: A Comparative Critique Of The Tiers Of U.S. Equal Protection Doctrine, Lorenzo Di Silvio

Lorenzo Di Silvio

On February 23, 2011, the Obama Administration announced that it would no longer defend the constitutionality of the Defense of Marriage Act. Of great significance in this announcement was the Administration’s position that classifications on the basis of sexual orientation warrant heightened judicial scrutiny. Notwithstanding this announcement, the level of review applied to sexual-orientation classifications—and the manner in which a court determines whether a particular type of classification deserves more searching review—is an open question, the answer to which typically dictates the outcome of challenges to government classifications. Apart from this outcome determinativeness, affording heightened scrutiny to some classifications but …

Climate Change Litigation: Potential Reasons Canada Lags Behind The United States, Morgan Mcdonald

Morgan McDonald

Despite the overwhelming evidence that climate change threatens our environmental security, governments have neglected to enact comprehensive legislation regulating greenhouse gas (GHG) emissions. Since the political realm has failed to act, climate litigants have turned to the judicial branch to force GHG reform. Although the US and Canada support similar GHG emitting corporations and have similar legal systems, their experience in climate litigation is strikingly different. While US courts have seen approximately five hundred climate change actions, Canada has seen only two cases. The remarkable absence of climate litigation in Canada is concerning because these actions play an essential role …

A New And Improved Energy Reality—It's No Pipedream, Daniel Hare

Daniel Hare

In this paper, I propose an original policy solution to the complicated issue of permitting and regulatory review for cross-border natural resource projects to allow for a smoother, quicker approval process for certain types of projects. I have specifically designed this new procedure so as to focus on political compromise and minimize political partisanship, while instead concentrating on achieving results. By modifying the current regulatory standard to a more streamlined model, deserving cross-border natural resource projects can swiftly gain approval, yet environmental, economic, foreign policy, national security, and other significant concerns will still receive the attention and thorough evaluation they …

Swimming Upstream: Negotiating Music Licenses For Interactive Streaming In The United States And Canada. How Copyrights Holders Can Participate In New Media And Still Protect Their Rights., Daniela Paola Oliva

Daniela Oliva

This article compares the music licensing process for interactive streaming in Canada and the United States. Unbeknownst to many, the process of acquiring a music license for interactive streaming in Canada and the United States is similar.

The unique portion of this article discusses the reasons why Canada may not have been the primary destination for interactive streaming companies. The article also discusses the benefits and windfalls of interactive streaming. Ultimately, copyright holders have the ability to negotiate with interactive streaming companies to attempt to receive a fair licensing rate. This article emphasizes that copyright holders should familiarize themselves with …

Primitive Accumulation And Enclosure Of The Commons: Genetically Engineered Seeds And Canadian Jurisprudence, Wilhelm Peekhaus

Wilhelm Peekhaus

This paper juxtaposes the legal decisions made in the case of Percy Schmeiser, who was sued by Monsanto for patent infringement, against the attempt by the Organic Agriculture Protection Fund to obtain class certification in its efforts to sue Monsanto and Bayer for genetic contamination of organic canola. Together these two cases establish an unacceptable incongruity at common law between the rights enjoyed by intellectual property owners and any corresponding duties that might attach to their inventions. I suggest that Marx’s concept of primitive accumulation offers a suitable theoretical register for apprehending contemporary erosions of the commons through the enclosure …

Property On The Borderline: A Comparative Analysis Of The Legal Status Of Animals In Canada And The United States, Maneesha D. Deckha

Maneesha D Deckha

This Article reviews recent animal-related law reform in the United States in the areas of criminal, tort, family, and estate laws, and juxtaposes these developments with the current state of similar areas of law in Canada. While neither country may be described as “animal-friendly,” the article suggests that the United States is far more willing to challenge the traditional classification of animals as property at least where companion animals are concerned. Canada, in contrast, has remained essentially conservative, failing to engage with the posthumanist questions revisiting animals’ legal status as property that have begun to emerge in American jurisprudence. The …

Archival Considerations For The Truth And Reconciliation Commission Of Canada, Mary G. Kosta

Mary G Kosta

The Truth and Reconciliation Commission (TRC) of Canada is currently conducting hearings across Canada, and its records will need to be archived. The critical importance of preserving and providing access to such an archive will be discussed in this paper. Best practices for this archive will be exemplified by looking at the experiences of archivists working with truth commissions and international criminal justice tribunals in Africa. Additionally, Australian recommendations concerning aboriginal access to government records will be reviewed. Considerations related to aboriginal oral records will be noted, since these records are at the heart of the archives of the TRC …

Detection And Characterization Of A Distinct Bornavirus Lineage From Healthy Canada Geese (Branta Canadensis), John A. Baroch

John A Baroch

Avian bornaviruses (ABV), identified in 2008, infect captive parrots and macaws worldwide. The natural reservoirs of these viruses are unknown. Reverse transcription-PCR (RT-PCR) was used to screen oropha- ryngeal/cloacal swab and brain samples from wild Canada geese (Branta canadensis) for ABV. Approximately 2.9% of swab samples were positive for bornavirus sequences. Fifty-two percent of brain samples from 2 urban flocks also tested positive, and brain isolates were cultured in duck embryo fibroblasts. Phylogenetic analyses placed goose isolates in an independent cluster, and more notably, important regulatory sequences present in Borna disease virus but lacking in psittacine ABVs were present in …

Impacts Of A Social Support Intervention For Somali And Sudanese Refugees In Canada, Miriam Stewart, Laura Simich, Morton Beiser, Knox Makumbe, Edward Makwarimba, Edward Shizha

Edward Shizha

The aim of this paper is to design and pilot test a culturally tailored intervention that meets the support needs and preferences of two refugee groups. The study employed a multi-method participatory research design and was conducted in two urban centres in western and central Canada. Support was delivered to Sudanese and Somali refugees (n = 58), by trained peer and professional helpers, in face-to-face groups matched by gender and ethnicity and in telephone dyads. Participants completed three quantitative measures before (pre-test) and following (post-test) the intervention. Group interviews with refugee participants and individual interviews with peer and professional helpers …

Challenges And Barriers To Services For Immigrant Seniors In Canada: "You Are Among Others But You Feel Alone", Miriam Stewart, Edward Shizha, Edward Makwarimba, Denise Spitzer, Ernest N. Khalema, Christina D. Nsaliwa

Edward Shizha

This paper seeks to explore varied interrelated challenges and barriers experienced by immigrant seniors. Senior immigrants representing diverse ethnicities (Chinese, Afro Caribbean, Former Yugoslavian, Spanish) described their challenges, support needs, and barriers to service access. Service providers and policy makers from organizations serving immigrant seniors were interviewed to elicit their views on barriers to access and appropriateness of services for immigrant seniors. Qualitative methods were employed to enhance understanding of meanings, perceptions, beliefs, values, and behaviors of immigrant seniors, and investigate sensitive issues experienced by vulnerable groups. The qualitative data were subjected to thematic content analysis. Findings indicate that seniors …

Judicial Independence In Light Of The Basic Principles On The Independence Of The Judiciary: Who Has The Right Idea?, Ubaid Ul-Haq

Ubaid ul-Haq

Judicial independence is a crucial component inherent in the proper and effective administration of any government. Critical to this doctrine is the larger requirement of a separation of powers, which must be established before attempting to affect any concept of judicial independence. Judicial independence essentially represents a judiciary’s ability to render decisions free of improper influences, both internal and external. The United Nations has set forth a minimum standard of judicial independence with which States should seek to comply in order to protect civil liberties and in a greater sense, human rights. Evaluating the jurisdictions of Canada, Jamaica, and the …

Strengthening Strategic Environmental Assessment In Canada: An Evaluation Of Three Basic Options, Robert Gibson, Hugh Benevides, Meinhard Doelle, Denis Kirchhoff

Denis Kirchhoff

Canada has a long and diverse but largely disappointing record in integrating environmental and sustainability considerations into the development of policies, plans, programs and other strategic undertakings. For over 25 years, the federal government has had a policy-based strategic environmental assessment (SEA) process. In 2003, the deficiencies of this process led the House of Commons Standing Committee on Environment and Sustainable Development to recommend establishment of a legislated framework for mandatory SEA before the 2010 Parliamentary review of environmental assessment. Governments since then have not acted on this recommendation but have promised to strengthen federal SEA. In this paper, we …

Politiques Envers Les Migrants Hautement Qualifiés: Analyse Comparée Du Canada, Etats-Unis Et Union Européenne, Hristina Petrova

Hristina Petrova

My Master’s thesis is among the few, if not the only work which examines in comparative perspective the public policies of Canada, USA and EU (EU level) in the field of highly skilled migration. I find that this type of migration is understudied, not supported by any of the migration-related organizations, most probably due to its business nature. The triple case study explores the Canadian federal points-based system and the Provincial Programs; the US Green Cards and the H-1B visas; and the EU directive concerning the Blue Cards. My original contribution to the field goes as far as I dwell …

Politiques Envers Les Migrants Hautement Qualifiés: Analyse Comparée Du Canada, Etats-Unis Et L'Union Européenne (Master's Thesis Public Defense), Hristina Petrova

Hristina Petrova

Presentation prepared for the public defense of my Master's thesis, presented on 07/27/2010 (in French)

A Diplomatic Theatre Of The Absurd: Canada, The Oas And The Coup In Honduras, Maxwell A. Cameron, Jason Tockman

Maxwell Cameron

Throughout the crisis caused by the coup in Honduras in 2009, Canada moved in lockstep with the United States. Doing so clashed with Canada's frequently stated commitment to multilateralism and democracy.

Environmental Mitigation Aspects Of Water Resources In Geothermal Development: Using A Comparative Approach In Building A Law And Policy Framework For More Sustainable Water Management Practices In Canada, Kamaal Zaidi

Kamaal Zaidi

This paper examines environmental mitigation measures for water resources in the context of geothermal energy development among selected jurisdictions of the United States and New Zealand in the hopes of recommending a law and policy framework in Canada. These common law jurisdictions are chosen to reveal advances in the emerging area of geothermal law and policy. First, the geothermal energy process is explained, followed by a discussion of the legal aspects of geothermal energy development. Second, the benefits of geothermal law and policy are assessed from the experiences of the U.S. and New Zealand in terms of environmental mitigation measures …

Decentralizing Family: An Inclusive Proposal For Individual Tax Filing In The United States, Anthony C. Infanti

Anthony C. Infanti

The debate in the United States over individual versus joint federal income tax filing is at something of a crossroads. For decades, progressive — and, particularly, feminist — scholars have urged us to abolish the joint return in favor of individual filing. On the rare occasion when scholars have described what such an individual filing system might look like, the focus has been on the ways in which the traditional family must be accommodated in an individual filing system. These descriptions generally do not take into account — let alone remedy — the tax system’s ongoing failure to address the …

What Ever Happened To Canadian Environmental Law?, Stepan Wood, Georgia Tanner, Benjamin J. Richardson

Stepan Wood

This Article examines the history of Canadian environmental law to explain why it has become a laggard in both legal reform and environmental performance. Canadian environmental law has long been of interest to scholars worldwide, yet its record is often poorly understood. The Article contrasts recent developments with the seemingly progressive initiatives of the 1970s, and analyzes these trends in light of their political, economic, and governance context, as well as the wider critiques of environmental law. It argues that there is considerable room for Canadian governments to adopt more robust methods of environmental law, including following pioneering reforms advanced …

Designing, Producing And Enacting Nationalisms: Contemporary Amerindian Fashion In Canada, Cory Willmott

Cory A. Willmott

Today, generations after the adoption of European styles, Amerindian peoples’ everyday clothing is almost indistinguishable from that of other residents of North America. Until recently their culturally distinct clothing has been mainly reserved for ceremonial occasions such as powwows and religious rituals. This bifurcation of clothing styles and contexts parallels the dichotomy between ‘traditional’ and ‘assimilated’ Native identity that has been imposed by the dominant society. The dichotomy is a double bind: adopting ‘traditional’ identities, Native peoples are cast into a static ahistorical frame, while appearing ‘assimilated’ erases cultural distinctiveness. In both cases, Native peoples cannot effectively stake claims to …

Canada: Managing Diversity And Social Cohesion Under Bill C-50 And Beyond, Hristina Petrova

Hristina Petrova

The recent changes in the Canadian immigration system have led to the development of other programs designed to attract highly skilled immigrants. Bill C-50 was implemented in order to reduce the immigration backlog and match supply with demand on the labour market. Whatever the scheme, there’s one particular group of immigrants whose entry into the country has been encouraged via numerous parallel initiatives – the one of international students. Their retention is strategic because they could be just what Canada needs – young people proficient in the official languages, with Canadian credentials and work experience.

New Zealand's Approach To Dishonesty, Alex Steel

Alex Steel

This is an updated and abridged version of an earlier article "The Meanings of Dishonesty in Theft" Common Law World Review 38 (2009): 103-136( http://works.bepress.com/alex_steel/17) . It compares New Zealand, English, Canadian and Australian meanings of dishonesty in theft.

Canada: Managing Diversity And Social Cohesion Under Bill C-50 And Beyond, Hristina Petrova

Hristina Petrova

Presented at the 5th Int’l Conference of Central European Canadianists "Managing Diversity and Social Cohesion: The Canadian Experience" held In Sofia, Bulgaria, 16-17/10/2009