Towards a just community: an examination of the development of cultural citizenship rights in Canada from a communitarian perspective

The notion of citizenship, while a basic human right, has come under scrutiny. It was once assumed a liberal inspired regime of citizenship rights would reign as the primary ideological perspective in the Western world, however this has not been the case. Numerous competing paradigms have questioned the premise upon which liberal guarantees of citizenship rights are based. In particular, communitarianism has subjected liberal rights discourse to a closer examination. Communitarian theory holds that universalist principles negate any articulation of community and its internal diversity, such as cultural citizenship. It is this understanding of citizenship that has taken hold in Canada. The Canadian political experience illustrates a number of attributes associated with communitarian thought. It is a collectivist society that articulates a notion of the common good, acknowledges the internal diversity of its citizens and possesses a highly developed deliberative democratic process. To this end, Canada can be described as being more communitarian than liberal in nature in the process it has adopted to address citizenship rights. However, the type of commuIiitarianism displayed in Canada differs from the political models examined by such scholars as Michael Sandel, Iris Marion Young or Will Kymlicka. Cultural citizenship rights are fluid and malleable in Canada. While no clear guarantees of citizenship rights exist, there is a common commitment by Canadians to engage in a fair, open and inclusive deliberative process. This model is unique to Canada; it cannot be exported in that it is a product of Canadian political culture. As a result, the contemporary demands of cultural citizenship are dealt with effectively and democratically in Canada in that the proper mechanisms for public deliberation exist.

I.O.D.E. Duke of Kent Chapter Fonds, 1934-1980

The I.O.D.E. as we currently know it today was founded in 1900 by Margaret Polson Murray of Montreal, who recognized a need for loyal support of Canadians departing to fight in the Boer War with the Empire forces in South Africa. She encouraged the formation of a federation of women to promote patriotism, loyalty and service to others. The first chapter was formed in Fredericton, New Brunswick on January 15th 1900. Primary chapters were formed in quick succession across Canada. In 1901, Edith Boulton Nordheimer was elected the first national president, the location of the head office became Toronto, Ontario and the federation was incorporated as Imperial Order Daughters of the Empire and Children of the Empire Junior Branch. The Duke of Kent Chapter was formed in 1934 and was disbanded in 1980. During the 1970’s the name I.O.D.E. was officially adopted. It is a federally chartered not-for-profit, charitable organization. Structured to report under the jurisdiction of the National chapter are the Provincial chapters, the Municipal chapters and the Primary chapters. The I.O.D.E. is associated with the Victory League in England and Daughters of the British Empire in the United States and it is proud of its heritage and traditions. Queen Elizabeth II is the current patron of the organization and although chapters sometimes disband there are always new chapters forming, including e-chapters that meet through 21st century electronics.

Manuscript of James Cummings- August 28, 1860

Transcript (spelling and grammar retained): Chippawa [Chippewa] 28th August 1860 My Dear Sir I duly received your very kind letter of the 24th [June] asking me to communicate such facts of general interest connected with my career during the War with the United States. I have no objection to afford you such information as came under my own observation; nevertheless I do so, with the understanding, I have no desire to be my own trumpeter. With respect to your circular wherein you state you have been for several years collecting materials for a History of the late War between the United States & Great Britain, for which you are now gathering further materials to add to your collection, concerning the Second War for Independence. I am rather at a loss to know, what is meant by the second war; If you allude to the petty Rebellion, it could not be called a War, Those that caused the outbreak were very soon put down, by the Loyal people of the Province without the aid of Regular Troops being satisfied with the Independence they enjoyed. With respect to the several questions names in your circular: To the 1st I would say, this locality is made memorable by the battle of Chippawa [Chippewa] which took place about a mile above the village on the ground I pointed out to you, when I had the pleasure of seeing you a few days ago, with Mr Porter of the Niagara Falls, of which I believe you took sketches at the time. 2nd I have no historical documents of any value; so many years having gone past, the most of my old papers have either been lost or destroyed, I however came across two letters, one dated Queenston 9th July 1812 from Lt. Col. Nicholl Quarter Master General of Militia, the other from Lt. Col Myers Deputy Quarter Master General of the Regular Army date Fort George 23rd same month, directed to me in the hand writing of each of those officers as Deputy Quarter Master General of Militia, which letters I shall be obliged you would return at as early a day possible, as I wish to place them with tome others in the case, I have had made to hold the cocked hat & feather I wore during that eventful period, which I am sorry I did not exhibit when you was at my house; with reference to it I now enclose a letter from Lt. Col. Clark, residing at Port Dalhousie he was Captain & Adjutant of Militia in the War of 1812__ I send the letter in proof of the cock’d hat it is a lengthy one, but you may find time to turn over it, as I shall also place it in the hat case__ 3rd Where are [but] [for] traditionary [sic] witnesses residing in this vicinity – Col Clark above named Mr Merritt of St. Catharines, & Mr Kerby of Brantford are the only ones I now recollect, who could offord [sic] you any statistical information. 4th I have no pictorial sketches of any Military Movements or fortifications. As regards my own career, which you appear [ ? ] of knowing__ I was first a Lieutenant in a volunteer flank company stationed on the river side opposite [Navy] Island not far from the battle ground of Chippawa [Chippewa], I got promotion as Lieutenant of Cavalry before I got my Cavalry dress completed in three days more, I was called by General Brock to Fort George, was appointed Deputy Quarter Master General of Militia with the rank of Captain s the accompanying letters will show. I was at the battle of Stony Creek, several skirmishes at the Cross Roads, when the American army [ ? ] Fort George, at the taking of Col. Boerstler at the Beaver Dam, & had the honor of receiving Colonel Chapens sword at the surrender, who commanded a company of volunteer Horse Men was at the taking of 15 regulars & two officers at Fort Schlosser—was with Col. Bishop at the taking of Black Rock, near him when he fell, three men of the 8th Reg. more killed in the Boat I was in – I was at Chippawa battle, and the last, not the least in Lundy’s lane battle, which the Americans call the battle of Bridge [Waters]. I had forgot; there was another small affair at Corks Mill where I was. I could write a little history of events, but have not the time to do so. If what I have stated will be of any service for the purpose you require I shall feel happy. The history of the late War was published at Toronto in the Anglo American Magazine. Did you ever see it, I have the Books, there were however several errors which came under my notice, which I could have corrected. If my time would permit I could give you a more detailed statement of events. I trust however you may succeed with your publication , and I shall be most happy to hear from you at all times—I related many little occurances verbally to you when here, which I thought not necessary to repeat again as you would have a perfect recollection of them. Be pleased to return the letters for the purpose I require them. I am My Dear Sir Your respectful friend James Cummings

An Examination of Youth Perceptions and Understandings of their Experiences with Extrajudicial Sanctions in Relation to Key Principles of the YCJA

It is unclear how the principles of meaningful consequences, fair and proportionate accountability, and rehabilitation and reintegration under the Youth Criminal Justice Act (2003) are understood and experienced by youth participating in diversion from youth court. Interviews with 20 youth revealed that, from their understanding, extrajudicial sanctions were viewed as accomplishing the goals of meaningful consequences and fair and proportionate accountability relatively well, but less emphasis was placed on rehabilitation and reintegration. The findings suggest that there may be a need an examination of the spectrum of responses available to youth under the umbrella of Extrajudicial Sanctions and their ability to achieve the key principles of the legislation. Implications for both youth and policy are addressed.

Letter of Administration to William Woodruff

Letter of administration from Lewiston, New York to William Woodruff. William Woodruff is granted the right to dispose of the goods and chattels of John Woodruff (deceased).

Letter to Mr. Lee who was clerk of the Heir Devisee Committee in Toronto from Samuel D. Woodruff

Letter to Mr. Lee who was clerk of the Heir Devisee Committee in Toronto from Samuel D. Woodruff. [The Heir and Devisee Committee was formed to clarify the titles to land of heirs of people who had been assigned Crown lands before 1795. Many of the original grantees had not taken out patents to confirm their legal right to the land.] This letter confirms that steps have been taken to issue the patent, July 19, 1847.

Letter to S.D. Woodruff from H.L. Vanderlip of Buffalo, New York

Letter to S.D. Woodruff from H.L. Vanderlip of Buffalo, New York, Owner and Manufacturer of Cornices, Centre Pieces and Brackets. Mr. Vanderlip would like to know why Mr. Woodruff would like him to come to St. Catharines to measure a cornice which has already been measured, Aug. 14, 1876.

Driedger's 'Modern Principle' at the Supreme Court of Canada: Interpretation, Justification, Legitimization

Un résumé en français est également disponible

From Sisyphus’s Dilemma to Sisyphus’s Duty? A Meditation on the Regulation of Hate Propaganda in Relation to Hate Crimes and Genocide

Un résumé en français est également disponible.

Death for life : a study of targeted killing by States in international law

"Mémoire présenté à la faculté des études supérieures en vue de l'obtention du grade de Maîtrise en droit (LL.M.)". Ce mémoire a été accepté à l'unanimité et classé parmi les 10% des mémoires de la discipline.

Luther on love and law : a historical investigation of Martin Luther's application of scriptural authority to Church and State

Cette thèse s’ouvre avec des commentaires du siècle dernier sur les opinions de Luther à propos de l’autorité du gouvernement et de l’Église, ainsi que sur la nature humaine et la fonction de la loi. Je présente ensuite où ces critiques situent Luther par rapport à la tradition scholastique et par rapport à la tradition romaine au sein de l’Église. Puis, j’explore les œuvres de Luther pour mettre en lumière ses arguments concernant l’Église, la source de son autorité, ainsi que la relation de celle-ci avec les gouvernements, autrement dit les autorités temporelles. De là, je m’intéresse à la comparaison que le réformateur fait entre la place de l’Église dans la société et celle de l’autorité temporelle. Enfin, j’analyse les écrits de Luther à propos de deux évènements concernant la construction du Royaume de Dieu et plus précisément, dans quelle mesure l’Église dépend, ou non, des autorités temporelles pour construire ce Royaume. Nous allons trouver une réponse surprenante à la question de comment l’église est indépendante de l’autorité temporelle dans l’ouvrage spécifique au royaume de Dieu. Le but de ma thèse est de répondre à certains critiques qui reprochent à Luther de s’appuyer sur l’autorité temporelle pour établir l’Église, et par conséquent de donner au temporel le contrôle sur le spirituel. Nous découvrirons que Luther tire son autorité des Écritures. Nous découvrirons aussi les conséquences que cette autorité a sur sa philosophie politique, c'est-à-dire l’importance de la soumission aux autorités gouvernantes en même temps que la libération des individus de la tyrannie d’une fausse doctrine.

Transferring ownership of public housing to existing tenants: a mechanism design approach

This paper explores situations where tenants in public houses, in a specific neighborhood, are given the legislated right to buy the houses they live in or can choose to remain in their houses and pay the regulated rent. This type of legislation has been passed in many European countries in the last 30-35 years (the U.K. Housing Act 1980 is a leading example). The main objective with this type of legislation is to transfer the ownership of the houses from the public authority to the tenants. To achieve this goal, selling prices of the public houses are typically heavily subsidized. The legislating body then faces a trade-off between achieving the goals of the legislation and allocating the houses efficiently. This paper investigates this specific trade-off and identifies an allocation rule that is individually rational, equilibrium selecting, and group non-manipulable in a restricted preference domain that contains “almost all” preference profiles. In this restricted domain, the identified rule is the equilibrium selecting rule that transfers the maximum number of ownerships from the public authority to the tenants. This rule is preferred to the current U.K. system by both the existing tenants and the public authority. Finally, a dynamic process for finding the outcome of the identified rule, in a finite number of steps, is provided.

An investigation into observational characteristics of rainfall and temperature in Central Northeast India—a historical perspective 1889–2008

Mann–Kendall non-parametric test was employed for observational trend detection of monthly, seasonal and annual precipitation of five meteorological subdivisions of Central Northeast India (CNE India) for different 30-year normal periods (NP) viz. 1889–1918 (NP1), 1919–1948 (NP2), 1949–1978 (NP3) and 1979–2008 (NP4). The trends of maximum and minimum temperatures were also investigated. The slopes of the trend lines were determined using the method of least square linear fitting. An application of Morelet wavelet analysis was done with monthly rainfall during June– September, total rainfall during monsoon season and annual rainfall to know the periodicity and to test the significance of periodicity using the power spectrum method. The inferences figure out from the analyses will be helpful to the policy managers, planners and agricultural scientists to work out irrigation and water management options under various possible climatic eventualities for the region. The long-term (1889–2008) mean annual rainfall of CNE India is 1,195.1 mm with a standard deviation of 134.1 mm and coefficient of variation of 11%. There is a significant decreasing trend of 4.6 mm/year for Jharkhand and 3.2 mm/day for CNE India. Since rice crop is the important kharif crop (May– October) in this region, the decreasing trend of rainfall during themonth of July may delay/affect the transplanting/vegetative phase of the crop, and assured irrigation is very much needed to tackle the drought situation. During themonth of December, all the meteorological subdivisions except Jharkhand show a significant decreasing trend of rainfall during recent normal period NP4. The decrease of rainfall during December may hamper sowing of wheat, which is the important rabi crop (November–March) in most parts of this region. Maximum temperature shows significant rising trend of 0.008°C/year (at 0.01 level) during monsoon season and 0.014°C/year (at 0.01 level) during post-monsoon season during the period 1914– 2003. The annual maximum temperature also shows significant increasing trend of 0.008°C/year (at 0.01 level) during the same period. Minimum temperature shows significant rising trend of 0.012°C/year (at 0.01 level) during postmonsoon season and significant falling trend of 0.002°C/year (at 0.05 level) during monsoon season. A significant 4– 8 years peak periodicity band has been noticed during September over Western UP, and 30–34 years periodicity has been observed during July over Bihar subdivision. However, as far as CNE India is concerned, no significant periodicity has been noticed in any of the time series.

Social Security of Labour in the New Indian Economy

Globalisation has many facets and its impact on labour is one of the most significant aspects.Though its influence is worldwide,it is much more significant in a transforming economy like India.The right of workers to social security is seen recognised under the Constitution of India and other welfare legislations.But,after adoption of the new economic policy of liberalisation and privatisation by the Government of India,the labour is exposed to new set of challenges.They are posed mainly due to economic restructuring affected in employment relationship,coupled with the increase in unprotected informal labour force.This study is an attempt to analyse the new challenges stemming up in employment relation,efficacy of the existing measures for social security of labour in the present economic condition and the suggestions for securing workers'right to social security in the trade regime.

Judicial Review of Academic Decisions

This thesis entitled “Judicial review of academic decisions.Education in India is being increasingly controlled and guided by the courts.This study makes an attempt to assess the involvement of the court in regulating education and its role or interference in the conventional concepts of ‘academic freedom’ and ‘university autonomy.The study mostly concentrates on the jurisdiction under Article 226 of the Constitution and its invocation in academic matters with particular reference to the decisions of the Kerala High Court.The concept of judicial review in the Constituent Assembly, initial approach of the Supreme Court of India towards the doctrine, gradual empowerment of Indian judiciary in this area and the resultant judicial activism.The study proceeds through the analysis of ‘academic freedom’ and ‘university autonomy’ in the 4"‘ chapter. This chapter attempts to probe academic freedom and university autonomy in India,England and United States and autonomy of Indian universities before and after independence.Basic principles and the jurisdictional parameters of judicial review in the area of academic decisions, as pronounced by the Apex Court, can be convincingly and consistently followed by the High Courts, which is possible only if special Academic Benches are constituted.