Social and Behavioral Sciences Commons^™

Gwaabaw: Applying Anishinaabe Harvesting Protocols To Energy Governance, Sakihitowin Awasis

Geography & Environment Publications

Oil and gas extraction has transformed Anishinaabe society in ways that undermine the consensual, holistic, and egalitarian basis of natural law. To many Indigenous people, framing fossil fuels and other energy sources as “natural resources” does not accurately define energy projects or capture related risks. Some Anishinaabe pipeline opponents have suggested that traditional harvesting protocols–culturally embedded moral precepts that govern the gathering of food and medicinal plants–also be applied to activities that produce energy. This paper explores how this could be done, focusing on tar sands extraction and the Line 3 expansion plan. I begin by discussing Anishinaabe harvesting protocols, …

Supports For Migrant Farmworkers: Tensions In (In)Access And (In)Action, Susana Caxaj, Amy Cohen, Sarah Marsden

Health and Rehabilitation Sciences Publications

Purpose: This study examined the role of support actors in promoting or hindering access to migrant agricultural workers' (MAWs) needs, and, to determine the factors that influence adequate support for this population.
Methodology: Employing a Situational Analysis methodology, we carried out focus groups and interviews with 35 support actors complimented by a community scan (n=28) with public-facing support persons and a community consultation with migrant agricultural workers (MAWs).
Findings: Two major themes were revealed: (In)access and (In)action, and; Blurred Lines in Service Provision. The first illustrated how support actors could both reinforce or challenge barriers for this population through tensions …

Terrorism And Its Legal Aftermath: The Limits On Freedom Of Expression In Canada’S Anti-Terrorism Act & National Security Act, Percy Sherwood

FIMS Publications

This analysis aims to demonstrate how s. 83.221 in Bill C-51 is likely to violate freedom of expression guaranteed under the Charter. The first section employs the two-step Irwin Toy analysis to show that the speech offense infringes upon s. 2(b) of the Charter. The second section uses the Oakes test to determine whether the breach of freedom of expression is a reasonable limit. On whether the speech offense can be justified under s. 1 of the Charter as a reasonable limit, the legislation fails at the third and fourth step of the Oakes test. Section three of this paper …

Theory And Practice, Together At Last: A Heretical, Empirical Account Of Canadian Legal Education, David Sandomierski

Law Presentations

No abstract provided.

Whose Finger On The Nuclear Trigger, Erika Simpson, Murray Thomson

Political Science Publications

No abstract provided.

An Evidential Review Of Police Misconduct: Officer Versus Organization, Emma Rose Bonanno

2015 Undergraduate Awards

This paper explores the critical societal issue of police misconduct. Though a vast amount of literature surrounds the issue of police misconduct, conclusions regarding the correlates of police misconduct remain inconclusive. Previous research that attempts to explain police misconduct has consistently shown to be divided based on either individual or organizational correlates. Thus, the crux of the debate has become whether police misconduct is the product of a "bad apple" (individual or micro-level correlates), or a "bad barrel" (organizational or macro-level correlates). The aim of this paper is to explore existing empirical evidence, and discover which factors most strongly correlate …

Training Lawyers, Cultivating Citizens, And Re-Enchanting The Legal Professional, David Sandomierski

Law Publications

Law schools ought to have a vision for how they contribute to the public good. This article identifies two views of how public value might fit into the mission of the law school. The additive view holds that pursuing public value (cultivating “citizens”) and training “lawyers” are distinct objectives. This view underlies traditional claims that the law school should be housed in the university, and also accounts for the historic tension between academic law schools and the profession.

By contrast, the integrative view holds that training lawyers and cultivating citizens are mutually reinforcing. This view inheres in the desire to …

Against Nomopolies, David Sandomierski

Law Publications

Legal pluralism stands in counterpoint to conceptions of l~ that sharply distinguish the legal from the non-legal. This essay considers a neglected feature of classical legal theory - prescriptivism - that sustains this binary ambition. Prescriptivists assert that legal artefacts such as norms are distinct from the human world upon which they operate. Each of centralism, monism, positivism and prescriptivism subsu'!1es diverse associational nomoi · into the nomos of a given community, often the State, thereby creating a nomopoly. To the prescriptivist, human beings are subjects under an external sphere of law. The anti-prescriptivist perspective invites legal subjects to imagine …

Characteristics Of Aboriginal Injecting Drug Users In Sydney, Australia: Prison History, Hepatitis C Status And Drug Treatment Experiences, Carolyn Day, Joanne Ross, Kate Dolan

Aboriginal Policy Research Consortium International (APRCi)

Australian Aboriginals are overrepresented in prisons and tend to be overrepresented in studies of injecting drug users (IDU). The aim of this study was to examine differences between Aboriginal and non-Aboriginal IDUs in terms of gender, prison history and hepatitis C status and testing. Secondary analyses were conducted on data from three cross-sectional studies of IDUs. These studies employed similar methodologies, with recruitment being through needle and syringe programs, methadone clinics, snowballing and street intercepts. All studies were coordinated through the National Drug and Alcohol Research Centre. Aboriginal people were overrepresented in all studies, were more likely to have been …

Adapting Violence Rehabilitation Programs For The Australian Aboriginal Offender, Peter Mals, Kevin Howells, Andrew Day, Guy Hall

Aboriginal Policy Research Consortium International (APRCi)

In this paper the authors address the question of how treatment and rehabilitation programs for violent offenders might be modified to more appropriately meet the needs of different cultural groups and improve treatment responsivity. The focus of the paper is on the needs of Aboriginal violent offenders in an Australian context, although the themes have relevance to treatment programs internationally. Two broad sources of information are used: the published literature relating to violent offending in Aboriginal people in Australia, and a small-scale interview-based qualitative survey of service providers with particular experience in this area. The evidence suggests there may be …