Governmentality gone wild: How the separation of sex workers from 'communities' contributes to violence against sex workers

Sex workers are members of our communities, whether they are local or national communities. In law, mainstream media representations, and research sex workers are positioned as outside of or in opposition to communities. Even within marginalized communities sex workers are excluded when appeals to respectability politics are made. In this thesis I analyze three analytic sites from three areas of social life. The first chapter performs a textual analysis of The Bedford Decision (2013) and the resulting Protection of Communities and Exploited Persons Act (2014) as an examination of law. The second chapter is an analysis of filmic discourse on community, sex workers, and violence in the mainstream film London Road (2015) as an examination of mainstream media. The third chapter draws upon empirical research, i.e. in-depth interviews with three current and former sex workers in Ottawa, Canada and analyzes the transcripts using interpretative phenomenological analysis (IPA) to center how sex workers’ understanding of their work, community, and the laws and policies that are supposed govern and protect them. In my preface and conclusion I discuss some of the ethical dilemmas I encountered while conducting this research. My findings suggest that sex workers are being positioned and understood as outside of communities in ways that contribute to violence against sex workers. The implications of this research suggest that people who speak in the name of communities—communities in the sense of local neighborhood communities, activist communities, and national communities—need to recognize that sex workers are part of their communities and be accountable to ensuring they are treated as members. Researchers who conduct research on sex work and sex workers need to be accountable to their participants and the impacts their research may have on laws and policies. Sex workers are an over-researched population yet their voices are largely misappropriated or silenced in popular research and policy debates.

UPTAKE OF THE PERIODIC HEALTH EXAM AMONG ADULTS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES FROM 2003 TO 2015

Background: Over the past decade, annual heath exams have been de-emphasized for the general population but emphasized for adults with intellectual and developmental disabilities (IDD). The purpose of this project was to determine if there has been an increase in the uptake of the health exam among adults with IDD in Ontario, to what extent, and the effect on the quality of preventive care provided. Methods: Using administrative health data, the proportion of adults (18-64 years old) with IDD who received a health exam (long appointment, general assessment, and “true” health exam), a high value on the primary care quality composite score (PCQS), and a health exam or high PCQS each year was compared to the proportion in a propensity score matched sample of the general population. Negative binomial and segmented negative binomial regression controlling for age and sex were used to determine the relative risk of having a health exam/high PCQS/health exam or PCQS over time. Results: Pre joinpoint, the long appointment and general assessment health exam definitions saw a decrease and the “true” health exam saw an increase in the likelihood of adults having a health exam. Post joinpoint, all health exam definitions saw a decrease in the likelihood of adults having a health exam. Pre joinpoint, all PCQS measures (high PCQS, long appointment or high PCQS, “true” health exam or high PCQS) saw an increase in the likelihood for adults to achieve a high PCQS or high PCQS/have a health exam. Post joinpoint, all PCQS measures saw a decrease in the likelihood for adults to achieve a high PCQS or high PCQS/have a health exam. Achieving a high PCQS was strongly associated with having a health exam regardless of health exam definition or IDD status. Conclusions: Despite the publication of guidelines, only a small proportion of adults with IDD are receiving health exams. This indicates that the publication of guidelines alone was not sufficient to change practice. More targeted measures, such as the implementation of an IDD-specific health exam fee code, should be considered to increase the uptake of the health exam among adults with IDD.

Heat Transfer in an Airfoil Shaped Strut

The heat transfer from a hot primary flow stream passing over the outside of an airfoil shaped strut to a cool secondary flow stream passing through the inside of that strut was studied experimentally and numerically. The results showed that the heat transfer on the inside of the strut could be reliably modeled as a developing flow and described using a power law model. The heat transfer on the outside of the strut was complicated by flow separation and stall on the suction side of the strut at high angles of attack. This separation was quite sensitive to the condition of the turbulence in the flow passing over the strut, with the size of the separated wake changing significantly as the mean magnitude and levels of anisotropy were varied. The point of first stall moved by as much as 15% of the chord, while average heat transfer levels changed by 2-5% as the inlet condition was varied. This dependence on inlet conditions meant that comparisons between experiment and steady RANS based CFD were quite poor. Differences between the CFD and experiment were attributed to anisotropic and unsteady effects. The coupling between the two flows was shown to be quite low - that is to say, heat transfer coefficients on both the inner and outer surfaces of the strut were relatively unaffected by the temperature of the strut, and it was possible to predict the temperature on the strut surface quite reliably using heat transfer data from decoupled tests, especially for CFD simulations.

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.

Forging Iconographies and Casting Colonialism: Monuments and Memories in Ontario, 1850-2001

Commemorations are a critical window for exploring the social, political, and cultural trends of a specific time period. Over the past two centuries, the commemorative landscape of Ontario reaffirmed the inclusion/exclusion of particular racial groups. Intended as static markers to the past, monuments in particular visually demonstrated the boundaries of a community and acted as ongoing memorials to existing social structures. Using a specific type of iconography and visual language, the creators of monuments imbued the physical markers of stone and bronze with racialized meanings. As builders were connected with their own time periods and social contexts, the ideas behind these commemorations shifted. Nonetheless, creators were intent on producing a memorial that educated present and future generations on the boundaries of their “imagined communities.” This dissertation considers the carefully chosen iconographies of Ontario’s monuments and how visual symbolism was attached to historical memory. Through the examination of five case studies, this dissertation examines the shifting commemorative landscape of Ontario and how memorials were used to mark the boundaries of communities. By integrating the visual analysis of monuments and related images, it bridges a methodological and theoretical gap between history and art history. This dissertation opens an important dialogue between these fields of study and demonstrates how monuments themselves are critical “documents” of the past.

Between Principle and Practicality: A Dynamic Realist Examination of Independence in the Canadian Justice System

This work examines independence in the Canadian justice system using an approach adapted from new legal realist scholarship called ‘dynamic realism’. This approach proposes that issues in law must be considered in relation to their recursive and simultaneous development with historic, social and political events. Such events describe ‘law in action’ and more holistically demonstrate principles like independence, rule of law and access to justice. My dynamic realist analysis of independence in the justice system employs a range methodological tools and approaches from the social sciences, including: historical and historiographical study; public administrative; policy and institutional analysis; an empirical component; as well as constitutional, statutory interpretation and jurisprudential analysis. In my view, principles like independence represent aspirational ideals in law which can be better understood by examining how they manifest in legal culture and in the legal system. This examination focuses on the principle and practice of independence for both lawyers and judges in the justice system, but highlights the independence of the Bar. It considers the inter-relation between lawyer independence and the ongoing refinement of judicial independence in Canadian law. It also considers both independence of the Bar and the Judiciary in the context of the administration of justice, and practically illustrates the interaction between these principles through a case study of a specific aspect of the court system. This work also focuses on recent developments in the principle of Bar independence and its relation to an emerging school of professionalism scholarship in Canada. The work concludes by describing the principle of independence as both conditional and dynamic, but rooted in a unitary concept for both lawyers and judges. In short, independence can be defined as impartiality, neutrality and autonomy of legal decision-makers in the justice system to apply, protect and improve the law for what has become its primary normative purpose: facilitating access to justice. While both independence of the Bar and the Judiciary are required to support access to independent courts, some recent developments suggest the practical interactions between independence and access need to be the subject of further research, to better account for both the principles and the practicalities of the Canadian justice system.

CHARACTERIZATION AND THERMAL-HYDRAULIC MODELING OF ENGINEERED BARRIERS FOR A CANADIAN DEEP GEOLOGICAL REPOSITORY FOR USED NUCLEAR FUEL

Within Canada there are more than 2.5 million bundles of spent nuclear fuel with another approximately 2 million bundles to be generated in the future. Canada, and every country around the world that has taken a decision on management of spent nuclear fuel, has decided on long-term containment and isolation of the fuel within a deep geological repository. At depth, a deep geological repository consists of a network of placement rooms where the bundles will be located within a multi-layered system that incorporates engineered and natural barriers. The barriers will be placed in a complex thermal-hydraulic-mechanical-chemical-biological (THMCB) environment. A large database of material properties for all components in the repository are required to construct representative models. Within the repository, the sealing materials will experience elevated temperatures due to the thermal gradient produced by radioactive decay heat from the waste inside the container. Furthermore, high porewater pressure due to the depth of repository along with possibility of elevated salinity of groundwater would cause the bentonite-based materials to be under transient hydraulic conditions. Therefore it is crucial to characterize the sealing materials over a wide range of thermal-hydraulic conditions. A comprehensive experimental program has been conducted to measure properties (mainly focused on thermal properties) of all sealing materials involved in Mark II concept at plausible thermal-hydraulic conditions. The thermal response of Canada’s concept for a deep geological repository has been modelled using experimentally measured thermal properties. Plausible scenarios are defined and the effects of these scenarios are examined on the container surface temperature as well as the surrounding geosphere to assess whether they meet design criteria for the cases studied. The thermal response shows that if all the materials even being at dried condition, repository still performs acceptably as long as sealing materials remain in contact.

Biological Impacts and Uses of Black Bass Competitive Fishing Tournaments on Large Lake Systems

Recreational fisheries in North America are valued between $47.3 billion and $56.8 billion. Fisheries managers must make strategic decisions based on sound science and knowledge of population ecology, to effectively conserve populations. Competitive fishing, in the form of tournaments, has become an important part of recreational fisheries, and is common on large waterbodies including the Great Lakes. Black Bass, Micropterus spp., are top predators and among the most sought after species in competitive catch-and-release tournaments. This study investigated catch-and-release tournaments as an assessment tool through mark-recapture for Largemouth Bass (>305mm) populations in the Tri Lakes, and Bay of Quinte, part of the eastern basin of Lake Ontario. The population in the Tri Lakes (1999-2002) was estimated to be stable between 21,928-29,780, and the population in the Bay of Quinte (2012-2015) was estimated to be between 31,825-54,029 fish. Survival in the Tri Lakes varied throughout the study period, from 31%-54%; while survival in the Bay of Quinte remained stable at 63%. Differences in survival may be due to differences in fishing pressure, as 34-46% of the Largemouth Bass population on the Tri Lakes is harvested annually and only 19% of catch was attributed to tournament angling. Many biological issues still surround catch-and-release tournaments, particularly concerning displacement from initial capture sites. In the past, the majority of studies have focused on small inland lakes and coastal areas, displacing bass relatively short distances. My study displaced Largemouth and Smallmouth Bass up to 100km, and found very low rates of return; only 1 of 18 Largemouth Bass returned 15 km and 1 of 18 Smallmouth Bass returned 135 km. Both species remained near the release sites for an average of approximately 2 weeks prior to dispersing. Tournament organizers should consider the use of satellite release locations to facilitate dispersal and prevent stockpiling at the release site. Catch-and-release tournaments proved to be a valuable tool in assessing population variables and the effects of long distance displacement through the use of mark recapture and acoustic telemetry on large lake systems.

Numerical Modelling of Eddy Current Probes for CANDU® Fuel Channel Inspection

Multi-frequency Eddy Current (EC) inspection with a transmit-receive probe (two horizontally offset coils) is used to monitor the Pressure Tube (PT) to Calandria Tube (CT) gap of CANDU® fuel channels. Accurate gap measurements are crucial to ensure fitness of service; however, variations in probe liftoff, PT electrical resistivity, and PT wall thickness can generate systematic measurement errors. Validated mathematical models of the EC probe are very useful for data interpretation, and may improve the gap measurement under inspection conditions where these parameters vary. As a first step, exact solutions for the electromagnetic response of a transmit-receive coil pair situated above two parallel plates separated by an air gap were developed. This model was validated against experimental data with flat-plate samples. Finite element method models revealed that this geometrical approximation could not accurately match experimental data with real tubes, so analytical solutions for the probe in a double-walled pipe (the CANDU® fuel channel geometry) were generated using the Second-Order Vector Potential (SOVP) formalism. All electromagnetic coupling coefficients arising from the probe, and the layered conductors were determined and substituted into Kirchhoff’s circuit equations for the calculation of the pickup coil signal. The flat-plate model was used as a basis for an Inverse Algorithm (IA) to simultaneously extract the relevant experimental parameters from EC data. The IA was validated over a large range of second layer plate resistivities (1.7 to 174 µΩ∙cm), plate wall thickness (~1 to 4.9 mm), probe liftoff (~2 mm to 8 mm), and plate-to plate gap (~0 mm to 13 mm). The IA achieved a relative error of less than 6% for the extracted FP resistivity and an accuracy of ±0.1 mm for the LO measurement. The IA was able to achieve a plate gap measurement with an accuracy of less than ±0.7 mm error over a ~2.4 mm to 7.5 mm probe liftoff and ±0.3 mm at nominal liftoff (2.42±0.05 mm), providing confidence in the general validity of the algorithm. This demonstrates the potential of using an analytical model to extract variable parameters that may affect the gap measurement accuracy.

Identical Origins, Divergent Paths: Filial Responsibility Laws in Canada and the United States

This dissertation examines the origins of filial responsibility laws in Canada and the United States, laws which prescribe that adult children have an obligation of support which is owed to their parents. Filial responsibility laws enable an indigent parent, or an institution providing medical treatment and care to an indigent parent, to seek financial support from that parent’s adult children through the use of litigation. While those who favour these rarely-used laws claim that they bring many benefits to both the family and the state, there is little evidence to suggest that such benefits are actualized. The development and use of the laws in Canada and the United States make it clear that the limitation of the expenditure of government funds was the primary motive for these laws and the support of families a distant secondary motive.

SIGNIFICANCE OF HEAT DISSIPATION IN THE CATHODE CATALYST LAYER ON THE LIFETIME AND RELIABILITY OF POLYMER ELECTROLYTE FUEL CELLS

To study the dissipation of heat generated due to the formation of pinholes that cause local hotspots in the catalyst layer of the Polymer Electrolyte Fuel Cell, a two-phase non-isothermal model has been developed by coupling Darcy’s law with heat transport. The domain under consideration is a section of the membrane electrode assembly with a half-channel and a half-rib. Five potential locations where a pinhole might form were analyzed: at the midplane of the channel, midway between the channel midplane and the channel wall, at the channel or rib wall, midway between the rib midplane and the channel wall, at the midplane of the rib. In the first part of this work, a preliminary thermal model was developed. The model was then refined to account for the two-phase effects. A sensitivity study was done to evaluate the effect of the following properties on the maximum temperature in the domain: Catalyst layer thermal conductivity, the Microporous layer thermal conductivity, the anisotropy factor of the Catalyst layer thermal conductivity, the Porous transport layer porosity, the liquid water distribution and the thickness of the membrane and porous layers. Accounting for the two-phase effects, a slight cooling effect was observed across all hotspot locations. The thermal properties of the catalyst layer were shown to have a limited impact on the maximum temperature in the catalyst layer of new fuel cells without pinhole. However, as hotspots start to appear, thermal properties play a more significant role in mitigating the thermal runaway.

Organizaciones regionales y diversidad cultural: la diplomacia de la Unión Europea con el Mercosur entre la sombra de Hollywood y la acción intergubernamental

El objetivo de este artículo es doble: por un lado explorar la habilidad de la Unión Europea para llevar a cabo una política audiovisual dirigida al Mercosur y promover las normas de la Convención sobre la diversidad de las expresiones culturales; por otro, analizar el impacto del modelo de política audiovisual de la UE en el desarrollo de la cooperación audiovisual con el Mercosur y centrarse en los principales vectores que configuran el paisaje audiovisual del Mercosur. El texto pretende destacar cómo y por qué la UE persigue una política audiovisual con esa región, cuáles son los propósitos y los límites de actuación. En este sentido, se preocupa por entender cómo la diplomacia audiovisual de la UE interactúa con otros actores, como las acciones gubernamentales llevadas a cabo desde la propia UE y el Mercosur, así como las prácticas del sector privado (Hollywwod y los grandes conglomerados de medios).

La Ley de semillas en Argentina: la disputa por el control y el futuro de la agricultura

Desde la llegada de la revolución bioteconológica en la agricultura mundial, las corporaciones semilleras-agroquímicas han avanzado en el control del mercado internacional de alimentos, a partir de diversos mecanismos, entre ellos el de la legislación de derechos de propiedad intelectual. En América Latina, distintos gobiernos han procurado adecuar la legislación nacional a estas tendencias internacionales, con resultado dispar, ya que se ha generado una fuerte resistencia desde organizaciones populares. Argentina, un país de temprana inserción en el mercado internacional de alimentos y de rápida adopción de los derechos de obtentor, está atravesado hoy por una nueva fase de esta disputa, ante la posible sanción de una nueva Ley de Semillas, en la que empresa estadounidense Monsanto está involucrada. Este trabajo hace un repaso del panorama actual desde un punto de vista geográfico, prestando especial atención a las estrategias de las organizaciones que se oponen a la nueva legislación.

Archives and Copyright: Risk and Reform

This paper considers the place of the archive sector within the copyright regime, and how copyright impacts upon the preservation, access to, and use of archival holdings. It begins with a critical assessment of the current parameters of the UK copyright regime as it applies to the work of archivists, including recommendations for reform that have followed in the wake of the Gowers Review of Intellectual Property (2006-2010), the Hargreaves Review of Intellectual Property and Growth (2010-2011), the Consultation on Copyright (2011-12), as well as the government’s response thereto: Modernising Copyright (2012). It considers the various problems the copyright regime presents for archives undertaking mass digitisation projects as well as recent European and UK initiatives in this domain. It argues that the UK copyright regime, even when read in conjunction with current national and regional recommendations for reform, falls short of delivering a legal framework that would enable archivists to realise the full potential that comprehensive, universal online access to the country’s archival holdings would contribute to local and national democracy and accountability, to education, learning, and culture, and to the sense of identity and place for local people, communities and organisations. Ultimately, a case is made for the differential treatment of archives within the copyright regime – different, that is, from libraries and other related institutions operating within the cultural sector. The paper concludes with a policy recommendation that would greatly enhance the ability of archives to provide online access to their holdings, while at the same time safeguarding the economic interests of the authors and owners of copyright-protected work.

Commentary on An Enquiry into the Nature and Origin of Literary Property (1762)

One of a number of published commentaries contributing to the mid-eighteenth century debate concerning the nature of literary property. The author of An Enquiry sought to repudiate the concept of a natural authorial property right existing at common law. In so doing, he specifically engaged with various aspects of William Warburton's earlier commentary (see: uk_1747), as well as presenting arguments that drew upon the nature of property in general, the differences between the right claimed by proponents of the common law right and other acknowledged incorporeal properties, the similarities between patents and copyright, the history of literary property, the experience of other jurisdictions (drawing upon Venice in particular), and the consequences that would follow from conceding the existence of a perpetual right both for authors in particular and society in general. This commentary, in turn, drew its own response in the guise of A Vindication of the Exclusive Rights of Authors, to their own work (1762).