L'admission des confessions et le risque d'erreur judiciaire : toute vérité est-elle bonne à dire ?

"Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de Maîtrise en droit (LL.M.)"

Promoting while checking self-interest : a conflict-based governance approach to rebalance corporate power disequilibria in Canada and the United States

La délégation du pouvoir de gestion aux administrateurs et aux gestionnaires, une caractéristique intrinsèque à la gestion efficace de grandes entreprises dans un contexte de capitalisme, confère une grande discrétion à l’équipe de direction. Cette discrétion, si elle n’est pas surveillée, peut mener à des comportements opportunistes envers la corporation, les actionnaires et les autres fournisseurs de capital qui n’ont pas de pouvoir de gestion. Les conflits entre ces deux classes d’agents peuvent émerger à la fois de décisions de gouvernance générale ou de transactions particulières (ie. offre publique d’achat). Dans les cas extrêmes, ces conflits peuvent mener à la faillite de la firme. Dans les cas plus typiques, ils mènent l’extraction de bénéfices privés pour les administrateurs et gestionnaires, l’expropriation des actionnaires, et des réductions de valeur pour la firme. Nous prenons le point de vue d’un petit actionnaire minoritaire pour explorer les méchanismes de gouvernance disponibles au Canada et aux États‐Unis. Après une synthèse dans la Partie 1 des théories sous‐jacentes à l’étude du pouvoir dans la corporation (séparation de la propriété et du contrôle et les conflits d’agence), nous concentrons notre analyse dans la Partie 2 sur les différents types de méchanismes (1) de gouvernance interne, (2) juridiques et (3) marchands, qui confèrent du pouvoir aux deux classes d’agents. Nous examinons comment les intérêts de ces deux classes peuvent être réalignés afin de prévenir et résoudre les conflits au sein de la firme. La Partie 3 explore un équilibre dynamique de pouvoir corporatif qui cherche à minimiser le potentiel d’opportunisme toute en préservant une quantité de discrétion suffisante pour la gestion efficace de la firme. Nous analysons des moyens pour renforcer les protections des actionnaires minoritaires et proposons un survol des pistes de réforme possibles.

Les tribunaux et les possibilités de redressement d'une politique défectueuse : l'exemple de la cause Wynberg

Comme le déplorent les critiques de l’activisme judiciaire, la Constitution canadienne (y compris sa Charte) donne aux juges le pouvoir d’intervenir en matière de politique publique, un pouvoir qu’ils semblent avoir réussi à élargir de divers moyens. Ils sont donc capables de corriger les défauts d’une politique qui enfreint les droits des requérants et de réparer les torts qu’ils ont encourus. Cet exercice présente cependant plusieurs écueils, souvent graves, du point de vue des requérants et de celui des juges. L’examen des arrêts Wynberg concernant la politique ontarienne de l’IEIP envers les enfants ayant des troubles du spectre autistique illustre certaines de ces difficultés. Ces décisions et celle d’Auton de la Cour suprême du Canada suggèrent que les politiques publiques défectueuses d’une nature complexe et scientifique et dont la responsabilité institutionnelle n’est pas clairement définie n’ont aucune assurance d’être redressées par un recours aux tribunaux.

Evaluation of the Power Consumption of Routing Protocols for Wireless Sensor Networks

Sensor networks are one of the fastest growing areas in broad of a packet is in transit at any one time. In GBR, each node in the network can look at itsneighbors wireless ad hoc networking (? Eld. A sensor node, typically'hop count (depth) and use this to decide which node to forward contains signal-processing circuits, micro-controllers and a the packet on to. If the nodes' power level drops below a wireless transmitter/receiver antenna. Energy saving is one certain level it will increase the depth to discourage trafiE of the critical issue for sensor networks since most sensors are equipped with non-rechargeable batteries that have limitedlifetime. Routing schemes are used to transfer data collectedby sensor nodes to base stations. In the literature many routing protocols for wireless sensor networks are suggested. In this work, four routing protocols for wireless sensor networks viz Flooding, Gossiping, GBR and LEACH have been simulated using TinyOS and their power consumption is studied using PowerTOSSIM. A realization of these protocols has beencarried out using Mica2 Motes.

Evaluation of the Power Consumption of Routing Protocols for Wireless Sensor Networks

Sensor networks are one of the fastest growing areas in broad of a packet is in transit at any one time. In GBR, each node in the network can look at itsneighbors wireless ad hoc networking (? Eld. A sensor node, typically'hop count (depth) and use this to decide which node to forward contains signal-processing circuits, micro-controllers and a the packet on to. If the nodes' power level drops below a wireless transmitter/receiver antenna. Energy saving is one certain level it will increase the depth to discourage trafiE of the critical issue forfor sensor networks since most sensors are equipped with non-rechargeable batteries that have limited lifetime.

Transitions towards co-management: the process of marine resource management devolution in three east African countries

Communities are increasingly empowered with the ability and responsibility of working with national governments to make decisions about marine resources in decentralized co-management arrangements. This transition toward decentralized management represents a changing governance landscape. This paper explores the transition to decentralisation in marine resource management systems in three East African countries. The paper draws upon expert opinion and literature from both political science and linked social-ecological systems fields to guide exploration of five key governance transition concepts in each country: (1) drivers of change; (2) institutional arrangments; (3 institutional fit; (4) actor interactions; and (5) adaptive management. Key findings are that decentralized management in the region was largely donor-driven and only partly tranferred power to local stakeholders. However, increased accountability created a degree of democracy in regards to natural resource governance that was not previously present. Additionally, increased local-level adaptive management has emerged in most systems and, to date, this experimental management has helped to change resource user's views from metaphysical to more scientific cause-and-effect attribution of changes to resource conditions.

Probabilistic wind power forecasts with an inverse power curve transformation and censored regression

Forecasting wind power is an important part of a successful integration of wind power into the power grid. Forecasts with lead times longer than 6 h are generally made by using statistical methods to post-process forecasts from numerical weather prediction systems. Two major problems that complicate this approach are the non-linear relationship between wind speed and power production and the limited range of power production between zero and nominal power of the turbine. In practice, these problems are often tackled by using non-linear non-parametric regression models. However, such an approach ignores valuable and readily available information: the power curve of the turbine's manufacturer. Much of the non-linearity can be directly accounted for by transforming the observed power production into wind speed via the inverse power curve so that simpler linear regression models can be used. Furthermore, the fact that the transformed power production has a limited range can be taken care of by employing censored regression models. In this study, we evaluate quantile forecasts from a range of methods: (i) using parametric and non-parametric models, (ii) with and without the proposed inverse power curve transformation and (iii) with and without censoring. The results show that with our inverse (power-to-wind) transformation, simpler linear regression models with censoring perform equally or better than non-linear models with or without the frequently used wind-to-power transformation.

Black and white is always grey-the power of the police to conduct a strip search in Victoria

The performance of a strip search by a police officer is a serious interference with the liberty and dignity of an individual. However, it is considered by police to be an important part of their law enforcement armory and one that is increasingly necessary to utilise to assist in the investigation and prosecution of drug-related crimes. This article considers the troublesome issue of whether and in what circumstances the common law may extend to police the power to conduct a strip search. In addition, there is an examination of the statutes and regulations that purportedly give police in Victoria the power to strip search with particular attention given to ss 81 and 82 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic).

Using geometric shape variations to create an inverse model for a sheet metal process

The output of the sheet metal forming process is subject to much variation. This paper develops a method to measure shape variation in channel forming and relate this back to the corresponding process parameter levels of the manufacturing set-up to create an inverse model. The shape variation in the channels is measured using a modified form of the point distribution model (also known as the active shape model). This means that channels can be represented by a weighting vector of minimal linear dimension that contains all the shape variation information from the average formed channel.

The inverse models were created using classifiers that related the weighting vectors to the process parameter levels for the blank holder force (BHF), die radii (DR) and tool gap (TG) of the parameters. Several classifiers were tested: linear, quadratic Gaussian and artificial neural networks. The quadratic Gaussian classifiers were the most accurate and the most consistent type of classifier over all the parameters.

Commonwealth legislative power and "non punitive" detention: a constitutional roadmap

In 2004 The High Court handed down a number of decisions concerning detention imposed for purposes allegedly unrelated to punishment. This paper outlines the way the Federal Constitution restricts (and also facilitates) the imposition of "non punitive detention" by our governments. Such laws (as passed by the Federal Legislature) are constitutionally valid provided they can be characterised as falling within a legislative head of power under  section 51 off he Constitution. The power to detain for non punitive purposes can be reposed by the Legislature in the either the Executive or Judicial arms of government. Detention by the Executive is non punitive (and therefore does not offend the separation of powers) even though it involves a deprivation of liberty, provided it is imposed for “legitimate non punitive purposes”.  Legitimacy is in turn determined by reference to the section 51 heads of power. Detention for non punitive purposes by the judicial arm of government is constitutionally valid provided that (i) a “judicial process ” is adopted and (ii) (arguably) there is some link (albeit tenuous) with a previous finding of criminal guilt. The continuing existence of the “constitutional immunity ”from being detained by other than judicial order identified by the High Court in its 1992 decision in Lim v Minister for Immigration is called into question.

Application of neural networks as an auxiliary technique in the modelling of power station

Artificial neural network (NN) is an alternative way (to conventional physical or chemical based modeling technique) to solve complex ill-defined problems. Neural networks trained from historical data are able to handle nonlinear problems and to find the relationship between input data and output data when there is no obvious one between them. Neural Networks has been successfully used in control, robotic, pattern recognition, forecasting areas. This paper presents an application of neural networks in finding some key factors eg. heat loss factor in power station modeling process. In the conventional modeling of power station, these factors such as heat loss are normally determined by experience or “rule of thumb”. To get an accurate estimation of these factors special experiment needs to be carried out and is a very time consuming process. In this paper the neural networks (technique) is used to assist this difficult conventional modeling process. The historical data from a real running brown coal power station in Victoria has been used to train the neural network model and the outcomes of the trained NN model will be used to determine the factors in the conventional energy modeling of the power stations that is under the development as a part of an on-going ARC Linkage project aiming to detail modeling the internal energy flows in the power station.

Requirements engineering during global software development : some impediments to the requirements engineering process : a case study

Requirements engineering is not straightforward for any software development team. Developing software when team members are located in widely distributed geographic locations poses many challenges for developers, particularly during the requirements engineering phase. This paper reports on a case study concerning a large software development project that was completed in just seven months between users located in the UK and software developers from an international software house based in New Zealand. The case indicates that while “true” global requirements engineering may be desirable in achieving economy of resources, a “hybrid” structure of requirements engineering processes is more realistic so that lasting relationships with clients may be formed, and requirements engineering activities achieved. The main impediment to the process of requirements engineering during global software development, as recounted by the team members in this case, is communication. Communication issues may be further described in terms of four categories: distribution of the clients and the development team, distribution of the development team, cultural differences between the clients and the development team and cultural differences among the development team.

Nursing work and nursing knowledge : exploring the work of women's health nurses, patterns of power and praxis

The majority of women's health nurses in this study work in generalist community health centres. They have developed their praxis within the philosophy and policies of the broader women's health movement and primary health care principles in Australia. The fundamental assumption underlying this study is that women's health nurses possess a unique body of knowledge and clinical wisdom that has not been previously documented and explored. The epistemological base from which these nurses' operate offers important insights into the substantive issues that create and continually shape the practice world of nurses and their clients. Whether this represents a (re)construction of the dominant forms of health care service delivery for women is examined in this study. The study specifically aims at exploring the practice issues and experience of women's health service provision by women's health nurses in the context of the provision of cervical cancer screening services. In mapping this particular group of nurses practice, it sets out to examine the professional and theoretical issues in contemporary nursing and women's health care. In critically analysing the powerful discourses that shape and reshape nursing work, the study raises the concern that previous analyses of pursing work tend to universalise the structural and social subordination of nurses and nursing knowledge. This universalism is most often based on examples of midwifery and nursing work in hospital settings, and subsequently, because of these conceptualisations, all of nursing is too often deemed as a dependent occupation, with little agency, and is analysed as always in relation to medicine, to hospitals, to other knowledge forms. Denoting certain discourses as dominant proposes a relationship of power and knowledge and the thesis argues that all work relations and practices in health are structured by certain power/knowledge relations. This analysis reveals that there IX are many competing and complimentary power/knowledge relations that structure nursing, but that nursing, and in particular women's health nurses, also challenge the power/knowledge relations around them. Through examining theories of power and knowledge the analysis, argues that theoretical eclecticism is necessary to address the complex and varied nature of nursing work. In particular it identifies that postmodern and radical feminist theorising provide the most appropriate framework to further analyse and interpret the work of women's health nurses. Fundamental to the position argued in this thesis is a feminist perspective. This position creates important theoretical and methodological links throughout the whole study. Feminist methodology was employed to guide the design, the collection and the analysis. Intrinsic to this process was the use of the 'voices' of women's health nurses as the basis for theorising. The 'voices' of these nurses are highlighted in the chapters as italicised bold script. A constant companion along the way in examining women's health nurses' work, was the reflexivity with feminist research processes, the theoretical discussions and their 'voices'. Capturing and analysing descriptive accounts of nursing praxis is seen in this thesis as providing a way to theorise about nursing work. This methodology is able to demonstrate the knowledge forms embedded in clinical nursing praxis. Three conceptual threads emerge throughout the discussions: one focuses on nursing praxis as a distinct process, with its own distinct epistemological base rather than in relation to 'other' knowledge forms; another describes the medical restriction and opposition as experienced by this group of nurses, but also of their resistance to medical opposition. The third theme apparent from the interviews, and which was conceptualised as beyond resistance, was the description of the alternative discourses evident in nursing work, and this focused on notions of being a professional and on autonomous nursing praxis. This study concludes that rather than accepting the totalising discourses about nursing there are examples within nursing of resistance—both ideologically and X in practice—to these dominant discourses. Women's health nurses represent an important model of women's health service delivery, an analysis of which can contribute to critically reflecting on the 'paradigm of oppression' cited in nursing and about nursing more generally. Reflecting on women's health service delivery also has relevance in today's policy environment, where structural shifts in Commonwealth/State funding arrangements in community based care, may undermine women's health programs. In summary this study identifies three important propositions for nursing: • nursing praxis can reconstruct traditional models of health care; • nursing praxis is powerful and able to 'resist' dominant discourses; and • nursing praxis can be transformative. Joining feminist perspectives and alternative analyses of power provides a pluralistic and emancipatory politics for viewing, describing and analysing 'other' nursing work. At the micro sites of power and knowledge relations—in the everyday practice worlds of nurses, of negotiation and renegotiation, of work on the margins and at the centre—women's health nurses' praxis operates as a positive, productive and reconstructive force in health care.

The establishment of the Judicial Appointments Commission in Malaysia to improve the constitutional method of appointing the judges of the superior courts : a critical study

The Judicial Appointments Commission was established in Malaysia in 2009 to ensure unbiased selection of judicial candidates for the consideration of the Prime Minister, who has the final say regarding the appointment of judges to the superior courts. But the provisions concerning Prime Minister’s power to appoint the majority of the members of the Commission and his unfettered power of removing four of the five appointed members without assigning any reason, have calculatedly been devised for ensuring the selection of judicial candidates having right political patronage in accordance with the covert wishes of the Prime Minister. Furthermore, the Prime Minister’s power of rejecting the Commission’s recommendations of multiple candidates renders the undertaking of a lengthy process of selection unproductive and useless. Thus the Judicial Appointments Commission has become a superfluous body with an ineffective modus operandi to attain the stipulated objectives of improving and complementing the constitutional method of appointing judges to the superior courts. Since the Federal Constitution of Malaysia has not empowered the Parliament to enact a law providing for the establishment of a Judicial Appointments Commission, it also appears that the Judicial Appointments Commission Act 2009 is an invalid piece of legislation.

A avaliação ambiental estratégica no contexto brasileiro : efetividade e desafios jurídico-institucionais

Este trabalho tem por objetivo estudar o instrumento denominado Avaliação Ambiental Estratégica (AAE) aplicado ao contexto brasileiro, para descobrir (1) se a AAE pode ser efetiva no sentido de influenciar de fato a tomada de decisão e alterar a cultura governamental em relação ao meio ambiente; (2) quais fatores podem influenciar a efetividade; e (3) de que forma a dimensão jurídico-institucional pode influenciar a efetividade. Para tanto, este trabalho fará, em primeiro lugar, um referencial teórico sobre a AAE e sua efetividade, adotando a premissa de que efetividade, para os efeitos deste trabalho, é o mesmo que “a influência real da AAE no processo de tomada de decisão e a alteração da visão governamental a respeito do meio ambiente” – o que pode por consequência promover o desenvolvimento sustentável. Esta primeira parte também apresentará as vantagens, obstáculos e boas práticas da AAE de acordo com a literatura, e brevemente descreverá a institucionalização da AAE no Brasil e na Holanda (como um exemplo de caso bem sucedido). Na segunda parte, será apresentado um estudo de caso da AAE feita para o Programa de Geração Hidrelétrica de Minas Gerais (PGHMG), a fim de verificar sua efetividade e quais fatores tiveram influência sobre ela. O terceiro tópico então extrairá lições do caso PGHMG, especialmente considerando a dimensão jurídico-institucional da AAE, e como ela pode influenciar sua efetividade. A questão a ser respondida, nesta terceira parte do trabalho, é se uma norma aberta que dá ampla oportunidade para o governo decidir se, quando e como implementar a AAE (como no caso PGHMG) é a regra ideal no contexto brasileiro. A hipótese deste trabalho é de que a AAE tem a potencialidade de ser efetivamente utilizada no processo de tomada de decisão governamental brasileiro e alterar a visão governamental a respeito do meio ambiente, possuindo o condão de promover o desenvolvimento sustentável, apesar de ter de superar obstáculos consideráveis relacionados a questões políticas e institucionais; para ser implementada em escala nacional, ainda segundo a nossa hipótese, é necessário desenvolver normas mais restritivas em relação à discricionariedade administrativa, de forma a criar um procedimento de AAE obrigatório pelo governo.