Rights jurisprudence and the charter : evaluating the changing structure of Canadian federalism /

Abstract . Rights jiirisprudence in Canada dates back as far as Confederation in 1867. Between this date and 1982, the organizing principle of Confederation - federalism - has kept this jurisprudence solely within the supremacy of Parliament, subject to its confines and division of powers. After 1982, however, a new constitutional organizing principle was introduced, when Prime Minister Pierre Trudeau introduced the patriation initiative, touted as the "people's package". Individual rights and freedoms were now guaranteed by the Constitution. Citizens of Canada now had a direct link to the Constitution via the Charter and there were now two significantly different organizing principles within the constitutional order widch created an unstable coexistence. This instability has led to a clash between judicially enforced Charter rights and federalism. The Charter has since had both a nationalizing and centralizing effect on Canadian federalism. This thesis explores the relationship between rights and federalism in Canada fix)m Confederation to present day by comparing the jurisprudence of pre and post Charter Canada. An analysis of Supreme Court's (and its predecessor's, the JCPC) decisions shows the profound effect the Charter has had on Canadian federalism. The result has been an undermining of federalism in Canada, with Parliamentary Supremacy replaced by Constitutional supremacy, and ultimately. Judicial Supremacy. Moreover, rights discourse has largely replaced federalism discourse. Canadians have become very attached to their Charter, and are unwilling to allow any changes to the constitution that may affect their rights as political elites discovered the hard way after the collapse of the Meech and Charlottetown Accords. If federalism is to remain a relevant and viable organizing principle in the Constitution, then governments, especially at the provincial level, must find new and iimovative ways to assert their importance within the federation.

Capacity to Attend to the Needs of Persons with Dual Diagnoses in the Criminal Justice System: Views of Mental Health and Criminal Justice Professionals

Currently, individuals with intellectual disabilities are overrepresented within the Criminal Justice System (Griffiths, Taillon-Wasmond & Smith, 2002). A primary problem within the Criminal Justice System is the lack of distinction between mental illness and intellectual disabilities within the Criminal Code. Due to this lack of distinction and the overall lack of identification procedures in the Criminal Justice System, individuals with disabilities will often not receive proper accommodations to enable them to play an equitable role in the justice system. There is increasing evidence that persons with intellectual disabilities are more likely than others to have their rights violated, not use court supports and accommodations as much as they should, and be subject to miscarriages of justice (Marinos, 2010). In this study, interviews were conducted with mental health (n=8) and criminal justice professionals (n=8) about how individuals with dual diagnosis are received in the Criminal Justice System. It was found that criminal justice professionals lack significant knowledge about dual diagnosis, including effective identification and therefore appropriate supports and accommodations. Justice professionals in particular were relatively ill-prepared in dealing effectively with this population. One finding to highlight is that there is misunderstanding between mental health professionals and justice professionals about who ought to take responsibility and accountability for this population.

Second Welland Canal - Book 3, Survey Map 12 - Village of Welland

Survey map of the Second Welland Canal created by the Welland Canal Company showing the canal in the Village of Welland. Identified structures and features associated with the Canal include the towing path, the old canal, the aqueduct lock, the new aqueduct, the old aqueduct, Lock Tenders House, a waste weir, culvert, covered drain, drain, dam, flume, and the canal's New Line. The surveyors' measurements and notes can be seen in red and black ink and pencil. Local area landmarks are also identified and include bridges, roads, and streets (ex. Division Street and Main Street), Chippewa Creek, Mill Pond, Mill Race, Court House and Gaol, Seeley (Seely) and Dunlop Saw Mill, Seeley (Seely) and Dunlop (Burnt) Grist Mill, Montrose Grist Mill, M. Caferty (Cafferty) City Hotel, Welland House by Wilkerson, Eli Mead Wharf Lot, A. Sherwood Wharf Lot, D. P. Myers Store, M. Cook Grist Mill, A. H. Cosby Saw Mill, Betts Lumber Yard, T. Quinn Tavern, a Carding Mill, shed, several barns, a hotel, and several structures or properties belonging to: J. P Evans, W. A. Phillips, S. Hampton, M. Silverthorne, D. McEwing, W. B. Hendershott (Hendershot), T. Burgar, J. Brookfield, A. Hendershott, Joseph Burgar, C. Demrie, M. Cafferty, J. Spencer, Mrs. Curran, John Lemon, D. Cooper, H. A. Rose, J. Bridges, A. Chapman, and R. Morewood. A structure belonging to a D. McKelly or McKully, and a store belonging to a J. Fino or Finn are also present. Properties and property owners of note are: Lots 247 and 248 of the Thorold Township, 5th Concession Lots 26 and 25 of the Crowland Township, Smith Shotwell, Eli Mead, D. P Myers, Donaldson, McFarland, Mrs. Silverthorne, Price, and Griffth. A County Court House Lot containing the Court House, Gaol and Gaol Yard is present.

Letter to the Editor of the Globe

Letter Regarding the Burning of St. Davids (3 ½ handwritten pages) A letter to the editor of the Globe regarding the lack of historical knowledge displayed by the Globe’s correspondent regarding the descendants of those who fought at Queenston Heights and the burning of St. Davids in 1813 or 1814 [July 18, 1814]. The letter also mentions the “friendly Indians” who encamped in St. Davids. The letter is not signed nor dated. A transcript of the letter is enclosed, [The burning of St. Davids by the American troops on July 19, 1814 was an unjustifiable act. The officer who led the attack was court-martialed and dismissed from the service.] n.d.

Letter to the Honourable William Dickson from Mr. Robinson

Letter to the Honourable William Dickson from Mr. Robinson who is apologizing for vexation and delay caused to Mr. Dickson regarding a legal matter(1 page, double-sided, handwritten), Apr. 19, 1819.

Limiting rights, Canadian style : the Supreme Court of Canada, American jurisprudence and section 1 of the Charter /

The addition of the Charter of Rights and Freedoms represented a fundamental shift in Canadian governance. Many saw the tabling of such a document as a further, even fmal, step towards the Americanization of the Canadian polity. While the Charter's presence has significantly altered the relationship between citizens, government and the courts, it has done so by maintaining the traditional values and experiences that has been the hallmarks of Canadian constitutionalism. This is in contrast to the fears harboured by critics suggesting that the Charter was a further Americanization of the Canadian Polity, notwithstanding the very different natures of the American Bill of Rights and the Canadian Charter. Analyzing American Supreme Court precedent use by the Canadian Supreme Court has demonstrated that such an Americanization has not, in fact, occurred. In the present analysis of American precedent use in section 1 limitation of rights cases, the citation of these precedents are at best episodic, at least on the quantitative level. Qualitatively, the Canadian Supreme Court generally uses American jurisprudence to further support broad definitions of 'great rights' . As for the more intricate details of rights limitations and the process involved in detennining how Charter rights are limited, one would be hard pressed to find even cursory references to American case law.

For whom the cruiser rolls: a retrospective analysis of factors relating to recidivism in a sample of graduates from a court-ordered alcohol education and awareness program

This study investigated, retrospectively, whether recidivism in a sample of court-ordered'graduates of an alcohol education and awareness program could be predicted. This alcohol education program was based on adult education principles and was philosophically akin to the thoughts of Drs. Jack Mezirow, Stephen Brookfield, and Patricia Cranton. Data on the sample of 214 Halton IDEA (Impaired Driver Education and Awareness) graduates were entered into a spread sheet. Descriptive statistics were generated. Each of the 214 program graduates had taken several tests during the course of the IDEA program. These tests measured knowledge, attitude about impaired driving, and degree of alcohol involvement. Test scores were analyzed to determine whether those IDEA graduates who recidivated differed in any measurable way from those who had no further criminal convictions after a period of at least three years. Their criminal records were obtained from the Canadian Police Information Centre (CPIC). Those program graduates who reoffended were compared to the vast majority who did not reoffend. Results of the study indicated that there was no way to determine who would recidivate from the data that were collected. Further studies could use a qualitative model. Follow-up interviews could be used to determine what impact, if any, attendance at the IDEA program had on the life of the graduates.

Captain Lewis Warrington and others : memorial of Lewis Warrington, Captain in the U.S. Navy, (in behalf of himself and the officers and crew of the U.S. sloop-of-war Peacock); praying that the one half of the proceeds of the Epervier and goods which went into the officers and crew of said vessel, it having been decreed to them by the United States court as captors. April 26, 1848.--

Caption title.

Proceedings of the Court Martial, held on the officers and crew of His Majesty's late ship, the Java. --

Ordered to be printed 10th May 1813.

Proceedings of the Court Martial, held on the officers and crew of His Majesty's late ship, the Java.

Ordered to be printed 10th May 1813.

Trial of Brig. Gen. William Hull : for treason, cowardice, neglect of duty, and unofficial-like conduct with the sentence of the court, and remission thereof by the President of the United States

Printed for Russell, Cutler and Co.

Families with Children with Autism, Developmental Delay, and Typical Development: The Relationships of Parenting Self-Efficacy, Parenting Strategies, and Child Problem Behaviour

Parents of children with autism spectrum disorders (ASD) and developmental delays (DD) may experience more child problem behaviours, report lower parenting selfefficacy (PSE), and be more reactive than proactive in their parenting strategies than those who have children with typical development (TD). Differences in PSE and parenting strategies may also influence the extent to which child problem behaviours are experienced by parents who have children with ASD and DD, compared to those who have children with TD. Using a convenience sample of parents of children with ASD (n = 48), DD (n = 51), and TD (n = 72), this study examined group differences on three key variables: PSE, parenting strategies, and child problem behaviour. Results indicated that those in the DD group scored lower on PSE in preventing child problem behaviour than the ASD group. The TD group used fewer reactive strategies than the DD group, and fewer proactive strategies than both the ASD and DD groups. For the overall sample, higher reactive strategies use was found to predict higher ratings of child problem behaviour, while a greater proportion of proactive to reactive strategies use predicted lower ratings of child problem behaviour. PSE was found to moderate DD diagnosis and child problem behaviour. Implications for a behavioural (i.e., parenting strategies) or cognitive (i.e., PSE) approach to parenting are discussed.