The Evolution and Reform of Summary Trials in Canadian Military Justice

There is a place where a Canadian citizen can be sent to 30 days detention, by someone who is not a judge, without being represented by counsel, and without having a meaningful right to appeal. It is the summary trial system of the Canadian Armed Forces. This thesis analyses that system and suggests reforms. It is aimed at those who have an interest in improving the administration of military justice at the unit level but want to sufficiently understand the issues before doing so. Through a classic legal approach with elements of legal history and comparative law, this study begins by setting military justice in the Canadian legal firmament. The introductory chapter also explains fundamental concepts, first and foremost the broader notion of discipline, for which summary trial is one of the last maintaining tools. Chapter II describes the current system. An overview of its historical background is first given. Then, each procedural step is demystified, from investigation until review. Chapter III identifies potential breaches of the Charter, highlighting those that put the system at greater constitutional risk: the lack of judicial independence, the absence of hearing transcript, the lack of legal representation and the disparity of treatment between ranks. Alternatives adopted in the Canadian Armed Forces and in foreign jurisdictions, from both common law and civil law traditions, in addressing similar challenges are reviewed in Chapter IV. Chapter V analyses whether the breaches could nevertheless be justified in a free and democratic society. Its conclusion is that, considering the availability of reasonable alternatives, it would be hard to convince a court that the current system is a legitimate impairment of the individual’s legal rights. The conclusion Chapter presents options to address current challenges. First, the approach of ‘depenalization’ taken by the Government in recent Bill C-71 is analysed and criticised. The ‘judicialization’ approach is advocated through a series of 16 recommendations designed not only to strengthen the constitutionality of the system but also to improve the administration of military justice in furtherance of service members’ legal rights.

CONSTITUTIONAL JUSTICE IN AFRICA: An Examination of Constitutional Positivism, Fundamental Law and Rights in Ghana and Nigeria

This work explores the idea of constitutional justice in Africa with a focus on constitutional interpretation in Ghana and Nigeria. The objective is to develop a theory of constitutional interpretation based upon a conception of law that allows the existing constitutions of Ghana and Nigeria to be construed by the courts as law in a manner that best serves the collective wellbeing of the people. The project involves an examination of both legal theory and substantive constitutional law. The theoretical argument will be applied to show how a proper understanding of the ideals of the rule of law and constitutionalism in Ghana and Nigeria necessitate the conclusion that socio-economic rights in those countries are constitutionally protected and judicially enforceable. The thesis argues that this conclusion follows from a general claim that constitutions should represent a ‘fundamental law’ and must be construed as an aspirational moral ideal for the common good of the people. The argument is essentially about the inherent character of ‘legality’ or the ‘rule of law.’ It weaves together ideas developed by Lon Fuller, Ronald Dworkin, T.R.S. Allan and David Dyzenhaus, as well as the strand of common law constitutionalism associated with Sir Edward Coke, to develop a moral sense of ‘law’ that transcends the confines of positive or explicit law while remaining inherently ‘legal’ as opposed to purely moral or political. What emerges is an unwritten fundamental law of reason located between pure morality or natural law on the one hand and strict, explicit, or positive law on the other. It is argued that this fundamental law is, or should be, the basis of constitutional interpretation, especially in transitional democracies like Ghana and Nigeria, and that it grounds constitutional protection for socio-economic rights. Equipped with this theory of law, courts in developing African countries like Ghana and Nigeria will be in a better position to contribute towards developing a real sense of constitutional justice for Africa.

Restrictions on Aliens in the United Kingdom, 1914-1919 : a Study of the Origins and Political Background of the Aliens Restrictions Acts of 1914 and 1919.

At first glance the Aliens Restriction Act of 1914, which was introduced and passed on the first day of World War One, seems a hasty and ill-prepared piece of legislation. Actually, when examined in the light of Arthur Marwick's thesis that war is a forcing house for pre-existent social and governmental ideas, it becomes clear that the act was not after all the product of hastily formed notions. In point of fact it followed the precedent of detailed draft clauses produced in 1911 by a sub-committee of the Committee of Imperial Defence established to consider the treatment of aliens in the event of war. Indeed the draft clauses and the restrictions embodied in the 1914 act were strikingly similar to restrictions on aliens legislated in 1793. Hostility to aliens had been growing from 1905 to 1914 and this hostility blossomed into xeno-phobia on the outbreak of war, a crucial precondition for the specifically anti-enemy fears of the time. In 1919 the Aliens Restriction (Amendment) Bill was introduced into parliament to extend temporarily the provisions of the 1914 act thus permitting the Home Secretary to plan permanent, detailed legislation. Two minority groups of MPs with extreme views on the treatment of aliens were prominent in the debates on this bill. The extreme Liberal group which advocated leniency in the treatment of aliens had little effect on the final form of the bill, but the extreme Conservative group, which demanded severe restrictions on aliens, succeeded in persuading the government to include detailed restrictions. Despite its allegedly temporary nature, the Aliens Restriction (Amendment) Act of 1919 was renewed annually until 1971.

The Rotational Evolution and Magnetospheric Emission of the Magnetic Early B-type Stars

How do the magnetic fields of massive stars evolve over time? Are their gyrochronological ages consistent with ages inferred from evolutionary tracks? Why do most stars predicted to host Centrifugal Magnetospheres (CMs) display no H$\alpha$ emission? Does plasma escape from CMs via centrifugal breakout events, or by a steady-state leakage mechanism? This thesis investigates these questions via a population study with a sample of 51 magnetic early B-type stars. The longitudinal magnetic field \bz~was measured from Least Squares Deconvolution profiles extracted from high-resolution spectropolarimetric data. New rotational periods $P_{\rm rot}$ were determined for 15 stars from \bz, leaving only 3 stars for which $P_{\rm rot}$ is unknown. Projected rotational velocities \vsini~were measured from multiple spectral lines. Effective temperatures and surface gravities were measured via ionization balances and line profile fitting of H Balmer lines. Fundamental physical parameters, \bz, \vsini, and $P_{\rm rot}$ were then used to determine radii, masses, ages, dipole oblique rotator model, stellar wind, magnetospheric, and spindown parameters using a Monte Carlo approach that self-consistently calculates all parameters while accounting for all available constraints on stellar properties. Dipole magnetic field strengths $B_{\rm d}$ follow a log-normal distribution similar to that of Ap stars, and decline over time in a fashion consistent with the expected conservation of fossil magnetic flux. $P_{\rm rot}$ increases with fractional main sequence age, mass, and $B_{\rm d}$, as expected from magnetospheric braking. However, comparison of evolutionary track ages to maximum spindown ages $t_{\rm S,max}$ shows that initial rotation fractions may be far below critical for stars with $M_*>10 M_\odot$. Computing $t_{\rm S,max}$ with different mass-loss prescriptions indicates that the mass-loss rates of B-type stars are likely much lower than expected from extrapolation from O-type stars. Stars with H$\alpha$ in emission and absorption occupy distinct regions in the updated rotation-magnetic confinement diagram: H$\alpha$-bright stars are found to be younger, more rapidly rotating, and more strongly magnetized than the general population. Emission strength is sensitive both to the volume of the CM and to the mass-loss rate, favouring leakage over centrifugal breakout.

The Evolution of the Los Negritos Porphyry Copper Deposit, Coquimbo, Chile: Geological, Geochronological, Mineralogical and Geochemical Evidence

The Los Negritos porphyry copper deposit is located ~ 4 km to the northeast of Carmen de Andacollo Mine in the Chilean Cretaceous metallogenic belt. The mineralization is hosted in andesite of the Quebrada Marquesa Formation and a series of at least four early to intramineral porphyry intrusive rock types: plagioclase quartz biotite porphyry (P1b and P1a dated at 109.60± 0.75 Ma and 107.22± 0.40 Ma); plagioclase biotite porphyry (P2: 106.30 ± 0.47 Ma); and quartz plagioclase biotite porphyry (P3: 106.19 ± 0.42 Ma). These units are cut by late‐ to post‐mineral plagioclase‐hornblende porphyritic rocks (P4b: 106.20 ± 0.69 Ma and P4a: 106.50 ± 0.68 Ma). The earliest intrusive units (P1) were affected by an initial stage of K‐feldspar‐biotite alteration, with chalcopyrite, molybdenite (date at 108.5 ± 0.5 Ma) and gold (up to 0.11 ppm), and the surrounding volcanic host rock was overprinted by chlorite‐epidote dominated (propylitic) alteration. Subsequent to the P2 and P3 intrusion, these rocks were affected by albite and then a second stage of potassic alteration. The Ti and Ba contents in hydrothermal biotite are notably lower (typically Ti = 0.100‐0.144 a.p.f.u. and Ba = 0.001‐0.005 a.p.f.u) than in magmatic ones (generally Ti = 0.186‐0.222 a.p.f.u. and Ba = 0.014‐0.023 a.p.f.u.), and constitute an excellent discriminant of the nature of biotite. These early stages of alteration were overprinted by copper‐molybdenum bearing chlorite‐sericite alteration at 106.60 ± 0.5 Ma (Re‐Os age in molybdenite) and by quartz‐sericite‐pyrite veins (phyllic), respectively in the southwest and northeast areas. The average temperature associated with these two alteration facies is estimated around 305 °C. Weak albite‐calcite alteration, spatially associated with sulfosalts and distributed along the margins of P3, overprinted the phyllic facies. The intrusive rock units at the Los Negritos and Carmen de Andacollo deposits are geochemically classified as diorite to granodiorite with a calc‐alkaline magmatic affinity, and formed in a volcanic arc setting from partial melting of a metasomatized mantle wedge. They are interpreted to be cogenetic, and related to a common long‐lived magma chamber that emplaced during a period of tectonic inversion known as the Subhercynian, Peruvian or Pacific event.

Teaching Empowerment Through Sport: An Analysis of Fast and Female

This project is about Fast and Female, a community-based girls’ sport organization, that focuses on empowering girls through sport. In this thesis I produce a discourse analysis from interviews with six expert sportswomen and a textual analysis of the organization’s online content – including its social media pages. I ground my analysis in poststructural theory as explained by Chris Weedon (1997) and in literature that helps contextualize and better define empowerment (Collins, 2000; Cruikshank, 1999; Hains, 2012; Sharma, 2008; Simon, 1994) and neoliberalism (Silk & Andrews, 2012). My analysis in this project suggests that Fast and Female develops a community through online and in-person interaction. This community is focused on girls’ sport and empowerment, but, as the organization is situated in a neoliberal context, organizers must take extra consideration in order for the organization to develop a girls’ sport culture that is truly representative of the desires and needs of the participants rather than implicit neoliberal values. It is important to note that Fast and Female does not identify as a feminist organization. Through this thesis I argue that Fast and Female teaches girls that sport is empowering – but, while the organization draws on “empowerment,” a term often used by feminists, it promotes a notion of empowerment that teaches female athletes how to exist within current mainstream and sporting cultures, rather than encouraging them to be empowered female citizens who learn to question and challenge social inequity. I conclude my thesis with suggestions for Fast and Female to encourage empowerment in spite of the current neoliberal situation. I also offer a goal-setting workbook that I developed to encourage girls to set goals while thinking about their communities rather than just themselves.