John W. Fisher Fonds, 1937-1961, 1964-1989, 1993, n.d.

Norah and Fred Fisher welcomed John Fisher into the world on November 29, 1912, not knowing what an influential role he would play in shaping Canada's history. John Fisher grew up as the middle child of five brothers and sisters in Frosty Hollow, New Brunswick, close to today’s town of Sackville. Sackville’s main industry was the Enterprise Foundry which the Fisher family owned and operated; however, Fisher had no plans of going into the family business. He was more inspired by his maternal grandfather, Dr. Cecil Wiggins, who lived with the family after retiring from the Anglican ministry. Wiggins encouraged all his grandchildren to be well read and to take part in discussions on current events. There were often visitors in the Fisher household taking part in discussions about politics, religion, and daily life. Fisher forced himself to take part in these conversations to help overcome his shyness in social settings. These conversations did help with his shyness and also in forming many opinions and observations about Canada. It put Fisher on the road to becoming Mr. Canada and delivering the many eloquent speeches for which he was known. Fisher did not venture far from home to complete his first degree. In 1934 he graduated from Mount Allison University in Sackville, NB with an Arts degree. The same year Fisher enrolled in Dalhousie’s law school. During his time at Dalhousie, Fisher discovered radio through Hugh Mills. Mills or “Uncle Mel” was on CHNS, Halifax’s only radio station at the time. Fisher began by making appearences on the radio drama show. By 1941 he had begun writing and broadcasting his own works and joined the staff as an announcer and continuity writer. In 1936 the Canadian Broadcasting Corporation was formed, the first National radio station. Fisher joined the CBC shortly after it’s beginning and remained with them, as well as the Halifax Herald newspaper, even after his law school graduation in 1937. By 1943 Fisher’s talks became a part of the CBC’s programming for a group of maritime radio stations. Fisher once described his talks as follows “my talks weren’t meant to be objective. . . they were meant to be favourable. They were ‘pride builders’” He began his famed John Fisher Reports at CBC Toronto when he transfered there shortly after the war. This program brought emmence pride to the fellow Canadians he spoke about leading to approximately 3500 requests per year to speak at banquets and meeting throughout Canada and the United States. Fisher was a well travelled indivdual who would draw on personal experiences to connect with his audience. His stories were told in simple, straight forward language for anyone to enjoy. He became a smooth, dynamic and passionate speaker who sold Canada to Canadians. He became a renowned journalist, folk historian, writer and broadcaster. Fisher was able to reach a vast array of people through his radio work and build Canadian pride, but he did not stop there. Other ways Fisher has contributed to Canada and the Canadian people include: Honoured by five Canadian Universities. 1956, became the Director of the Canadian Tourist Association. 1961, was appointed Special Assistant to the Prime Minister of Canada. 1963, Commissioner of the Centennial Commission (the Federal Agency Responsible for Canada’s 100th birthday) 1968, received the Service Medal , a coveted Order of Canada. President of John Fisher Enterprises Ltd., private consultant work, specializing in Centennial planning, broadcasts, lectures and promotion. John Fisher continued recording radio broadcasts even after his diagnosis with cancer. He would record 3 or 4 at a time so he was free to travel across Canada, the U.S., Europe and Mexico in search of treatments. Fisher passed away from the disease on February 15, 1981 and he is buried at Mount Pleasant Cemetery in Toronto.

The War Vol. 1, No. 20- November 7, 1812

This newspaper was published bi-weekly from June 1812 to September 1814 by S. Woodworth and Co. in New York. Editor Samuel Woodworth formed the content of the newspaper using official documents from both the American and British side with the intention to report the events of the war. Article topics in this issue include: Page 1: Letter from Maj. Gen. Van Rensselaer to Maj. Gen. Henry Dearborn describing in detail the battle of Queenston; Page 2: Letter from Maj. Gen. Van Rensselaer to Maj. Gen. Henry Dearborn describing in detail the battle of Queenston; report of U.S. war sloop Wasp capturing the British war ship Frolic and the subsequent capture of the Wasp by another British war ship, Poictiers; copy of statement by U.S. President James Madison detailing battles in Detroit, Queenston, and his plans for the war; Page 3: copy of statement by U.S. President James Madison detailing battles in Detroit, Queenston, and his plans for the war; Page 4: copy of statement by U.S. President James Madison detailing battles in Detroit, Queenston, and his plans for the war; U.S. President James Madison promotes Capt. Z. Taylor to rank of Major for his part in defense of Ft. Harrison; report of various Naval movements;

The Columbian Newspaper vol. IV no. 1105- June 12, 1813

The "Columbian" was established by Mr. Holt in 1808 as an "organ of the Clintonians" (Journalism in the United States, from 1690-1872 By Frederic Hudson) and a replacement to the "Citizen". It was a passionate Democratic paper that supported both Jefferson and Madison. Holt later sold the "Columbian" to Alden Spooner, who published the Long Island "Star". The Columbian ceased in 1821. This issue includes the following War of 1812 topics: Page 2: copies of letters from U.S. Gen. H. Dearborn describing the U.S. attack on Ft. George 27 May 1813; letter from Gen. H. Dearborn describing U.S. pursuit of British troops at Beaver Dams and the U.S. capture of Fort Erie; list of U.S. killed and wounded in Commodore Isaac Chauncey's squadron in attack on York 27 April, 1813; list of killed and wounded in Commodore Isaac Chauncey's squadron in attack on Ft. George 27 May 1813; abstract of the cartel for the exchange of prisoners of war between Great Britain and the United States; mention of troop movements through New York on their way to the battle front; list of persons killed or lost on the privateer Saratoga; Page 3: account of the loss of the U.S. war ships the Growler and Eagle to the British; news from Quebec and Kingston of troop movements; U.S. ship Syren unsuccessfully pursues British ship Herald; account of a U.S. cargo ship being captured by a British military ship; account of U.S. ship Siro capturing British ship Loyal Sam; report from Halifax of recent British troop and ship movements; list of recent troop enrollments in various states; report of British troop build up in Kingston;

Merrimack Intelligencer Vol. 5 No. 48

This was a weekly paper that was published every Saturday. The motto of the Merrimack was: "Not too rash--Yet not fearful--We aim to be just." It was published from 1808-1817. Topics of interest include: Page 1: State of New York Republicans published a statement arguing against the war and the policies of John Adams and James Madison; account of the capture of York by the Americans, 27 April 1813; Page 2: account of the capture of York by the Americans, 27 April 1813; letter from American Brig. Gen. Henry Miller to Sir John B. Warren warning the British not to execute captured U.S. citizen O'Neal; response from Sir John B. Warren to Brig. Gen. Henry Miller stating that O'Neal had been released; account of Stephen Girard buying back his ransomed ship from the British; Page 3: account of Stephen Girard buying back his ransomed ship from the British; U.S. General Harrison repels British and Indian forces that attack Fort Meigs; account of British forces capturing U.S. privateer ship Alexander; report of British forces near Newport, New York, the Delaware river, and the Potomac River; report of Indian attacks in Kaskaskia, Randolph County; report of a boat load of provisions attacked by Indians near Fort Harrison; Commodore Isaac Chauncey arrived at Sacket's Harbor to unload stores taken from York before leaving for Niagara to commence attack against Fort George; U.S. Army announcement recruiting men 18 to 45 years of age to enlist in the army;

The New York Weekly Museum Newspaper, Vol. I, No.26- October 31, 1812

A weekly paper that was published from 1805 to 1814. War related news includes: Page 103 - Weekly Retrospect: Troop movements of Captain Morgan and a company of light dragoons from Niagara to Greenbush; report on the Battle of Queenston Heights including a casualty listing and a mention of the death of Major General Isaac Brock and Colonel McDonald and the American's respect for Brock; British attach of Fort Erie and the Village of Black Rock; the privateer Globe under Captain Murphy returning to Baltimore after capturing a British letter of marque; First Nation / Indian attacks near St. Louis; movements of General W. Harrison and army from Fort Defiance to the rapids of Miama (Miami). The rest of the newspaper contains literary works (poems and translations), essays (including on celibacy), marriages, deaths and other anecdotes. The motto on the front page states: "Visiting Every Flower with Labour Meet, and Gathering all its Treasures, Sweet by Sweet."

Independent Chronicle Vol. XLVI No. 2476- August 4, 1814

A semi-weekly paper that was published from 1801 to 1817. It was previously called the Independent chronicle and the universal advertiser, and was later the Independent chronicle and Boston patriot (Semiweekly). Publishers were Abijah Adams and Ebenezer Rhoades. Topics of interest in this issue include: Page 1: Proclamation from James Madison pardoning military deserters if they return to military service; announcement to officers and soldiers in the military offering reward for the return of military deserters; U.S. General W. Scott's account of the battle of Chippewa; U.S. General P. B. Porter's account of the battle of Chippewa; Major J. Hindman's account of the battle of Chippewa; news of British war ships attacking and capturing U.S. cargo ships; Page 2: news of a soldier shot for desertion; military news from Erie, Pennsylvania; New York appropriates money to pay troops and build two encampments; James Madison issues orders for state of Rhode Island to raise a militia of 500 troops; U.S. military news from Bermuda; report of the death of Capt. Parker of the U.S. ship Syren; account of the battle of Chippewa and a list of important officers wounded; report of a raft captured that was taking supplies to the British; report of U.S. General Brown being wounded in battle; list of further details of the battle of Chippewa; report of Indian attack near Champlain; news of prisoner exchange and announcement that exchanged prisoners should return to their regiments; listing of the total number of British forces in the U.S.; report of British shipwrecks; Naval news for the Port of Boston; news of various U.S. war ships; Page 4: Marshal's notice announcing a trial for members of a private American ship accused of supplying the British with provisions;

The Columbian, 12 June 1813 (vol. 4, no. 1105) - Newspaper

Volumes of interest were published between 1812 and 1815 with articles about the War of 1812. Issue for June 12, 1813 includes copies of letters from U.S. Gen. H. Dearborn describing the U.S. attack on Ft. George 27 May 1813; letter from Gen. H. Dearborn describing U.S. pursuit of British troops at Beaver Dams and the U.S. capture of Fort Erie; list of U.S. killed and wounded in Commodore Isaac Chauncey’s squadron in attack on York 27 April, 1813; list of killed and wounded in Commodore Isaac Chauncey’s squadron in attack on Ft. George 27 May 1813; abstract of the cartel for the exchange of prisoners of war between Great Britain and the United States; mention of troop movements through New York on their way to the battle front; list of persons killed or lost on the privateer Saratoga; account of the loss of the U.S. war ships the Growler and Eagle to the British; news from Quebec and Kingston of troop movements; report of launching of British ship Sir George Prevost; announcement of sending of 5 American infantry companies to Burlington from Bennington, Vermont; U.S. ship Syren unsuccessfully pursues British ship Herald; account of a U.S. cargo ship being captured by a British military ship; account of U.S. ship Siro capturing British ship Loyal Sam; report from Halifax of recent British troop and ship movements; list of recent troop enrollments in various states; report of British troop build up in Kingston.

Whose Voice Is Present?: An Examination of Power and Privilege in Service-Learning in Ontario Universities

This research paper examines themes of power and privilege that occur within service-learning as described by 3 Ontario universities on their service-learning websites. Due to size and time restrictions, this paper was able to examine only 3 Ontario universities: Brock, Wilfrid Laurier, and Lakehead. The purpose of this study is geared towards service-learning practitioners in order for the universities and students to become more self-aware of their immense place of privilege within the service-learning context. Qualitative narrative analysis research methods were employed in this purposeful sample to examine how each university’s story of service-learning reflected themes of power and privilege. The research found that each university posed a unique narrative of service-learning representing various stakeholders’ voices and presence in different ways on their website. Brock largely focuses on faculty and student voices. Laurier intentionally attempts to include all three stakeholder voices, although still favours students and the university as an audience over the community. Lakehead’s unique program includes a plethora of voices and intends much of their information for the community members, students, and the university. The implications of this research demonstrate that universities have a large amount of power and privilege, which is carried through to the students within the service-learning partnership.

A Home Literacy Handbook for Parents With Preschool Children

The purpose of this project was to provide parents with an awareness of the role that they play in their preschool children's literacy and reading development and to create a practical handbook that parents can use to teach early literacy and reading skills to their preschool children in their home environment. The handbook was created in response to the literature that confirmed that the children benefit from developing emergent literacy skills before they enter school in kindergarten or grade 1. In addition to the information gathered from the academic literature, needs assessments were conducted in order to hear perspectives from multiple stakeholders involved in the context of this project. The needs assessment questionnaires were conducted with 4 Ontario certified grade 1 and 2 teachers, and 4 parents with preschool children or children in kindergarten or grade 1. Data collected from these participants highlighted the needs of parents and were used to create a comprehensive handbook that will hopefully be accessible and useful to a wide parent audience. The results of the research project indicated that parents would, in fact, benefit from having access to a resource such as this handbook to assist in teaching the 4 components of emergent literacy to their preschool children––oral language, alphabet knowledge, phonological awareness, and print awareness––to their preschool children.

Promoting Early Reading: A Parent Handbook for Developing Children's Phonological Awareness Using Authentic Activities

The purpose of this project was to create a handbook for parents to develop their children's phonological awareness using authentic activities that parents and children can complete together. The handbook aims to provide parents with fundamental background information regarding phonological awareness as well as effective instruction practices, followed by authentic activities that are clearly laid out and easy to implement. Through a comprehensive study of the literature it became evident that parents should be the target audience for the handbook as they have the greatest influence on the development of their young children. Phonological awareness was also found to be an important contributor to early literacy development including oral language skills and reading. The handbook was reviewed by 2 teaching professionals in order to claim face validity of the document. The results of the project indicate that the handbook which was produced meets its goals of creating a product that is easy to use, practical, and effective for both parents and children. The implementation of the handbook in the home environment can benefit children's phonological awareness and in turn improve their oral language and reading abilities.

Some Incidents and Circumstances

- The first part of the document traces Mr. Haile’s lineage. His father, James Haile was a farmer. His grandfather, Amos Haile was a sailor for the early part of his life. He was placed on a British man-of- war in about 1758. He escaped and settled in Putney. (p.1) - His father’s mother’s maiden name was Parker. His mother’s maiden name was Campbell. Her father was a captain in the Revolutionary Army. (p.2) - His earliest memories revolve around the death of his aunt and the funeral of General Washington (although he did not witness this). At the time, his father was a Lieutenant in a regiment militia of Light Dragoons who wore red coats. (p.3) - In 1804, an addition was added to the Haile house which necessitated that William was to stay home to help with the building. He continued to study and read on his own. He was particularly interested in Napoleon Bonaparte’s victories. In that same year he was sent to Fairfield Academy where Reverend Caleb Alexander was the principal. (p.4) - On June 1, 1812, William was appointed as an Ensign in the Infantry of the Army of the United States. He was put into the recruiting service at Nassau (20 miles east of Albany) where he remained until September. (p.4) - He was assigned to the 11th Regiment of the W.S. Infantry and directed to proceed to Plattsburgh to report to Colonel Isaac Clark. (p.7) - He was assigned to the company commanded by Captain Samuel H. Halley who was not in the best of health and often absent. For a good part of the time William was in charge of the company. (p.8) - The 11th Regiment was encamped beside the 15th Regiment commanded by Col. Zebulon Montgomery Pike [Pike’s Peak was named after him]. Col. Pike generously drilled and disciplined the 11th Regiment since their officers didn’t seem capable of doing so. (p.8) - The first brigade to which William’s regiment was attached to was commanded by Brigadier General Bloomfield of New Jersey. Brigadier Chandler of Maine commanded the second brigade. (p.9) - At the beginning of November, Major General Dearborn took command of the army. He had been a good officer in his time, but William refers to him as “old and inefficient” earning him the nickname “Granny Dearborn” (p.9) - On November 17th, 1812, General Dearborn moved north with his army. The troops ended up in Champlain. There was no fighting, only a skirmish between a party of men under Colonel Pike and a few British troops who he succeeded in capturing. (p.10) - The troops were moved to barracks for the winter. Colonel Pike’s troops were put into suitable barracks and kept healthy but another part of the army (including the 11th Regiment) were sent to a barracks of green lumber north of Burlington. Disease soon broke out in the damp barracks and the hundreds of deaths soon followed. One morning, William counted 22 bodies who had died the previous night. He puts a lot of this down to an inexperienced commanding officer, General Chandler. (p.11) - At the beginning of 1813, William was stationed as a recruiter on the shore of Shoreham across from Fort Ticonderoga. In February, he returned to Burlington with his recruits. In March he received an order from General Chandler to proceed to Whitehall and take charge of the stores and provisions. In April and May it was decided that his half of the regiment (the First Battalion) should march to Sackett’s Harbour, Lake Ontario. They arrived at Sackett’s Harbour about the 10th of June, a few days after the Battle of Sackett’s Harbour. (p.12) - He was camped near the site of Fort Oswego and got word to head back to Sackett’s Harbour. A storm overtook the schooner that he was on. (p.14) - William was involved in the Battle of Williamsburg (or Chrysler’s Farm) which he calls a “stupid and bungling affair on the part of our generals”.(p. 18) - General Covington was wounded and died a few days after the battle. (p.19) - William speaks of being ill. The troops were ordered to march to Buffalo, but he is able to go to his father’s house in Fairfield where his mother nursed him back to health (p.23) - Upon arrival at Buffalo, the “old fogy Generals” were replaced with younger, more efficient men. (p.25) - On page 27 he sums up a few facts: In 1812, the army was assembled on Lake Champlain with the intention of capturing Montreal, and then Quebec. That year, under General Dearborn the army marched as far as Champlain, then turned back and went into winter quarters. In 1813, the army was assembled at Sackett’s Harbour and that year the campaign ended at French Mills which was 70 or 80 miles from Montreal. In 1814, the army at Buffalo were some 400 miles from Montreal with still the same object in view. - He says that these facts make “a riddle – difficult to explain”. (p.27) - On the evening of July 2nd they embarked on the boats with the objective of capturing Fort Erie. The enemy were all made prisoners of war (p.27) - On July 4th they went to Street’s Creek, 2 miles above the Chippewa [Chippawa] River (p.28) - Page 29 is titled The Battle of Chippewa [Chippawa] - He speaks of 2 drummers who were fighting over the possession of a drum when a cannonball came along and took of both of their heads (p.29) - He proclaims that this was one of the “most brilliant battles of the war”. The battle was fought and won in less than an hour after they left their tents. He credits General Scott with this success and states that was due to his rapid orders and movements. (p.30) - The dead of the battle remained on the field during the night. He describes this as quite gloomy seeing friend and foe lying side by side. At daybreak they set to work digging trenches to bury the dead. (p.31) - Colonel Campbell was wounded and advised to have his leg amputated. He refused, and subsequently died. (p.32) - It is said that the British threw several of their dead into the river and they went over the Falls. (p.32) - His troops repaired the bridge over Chippawa which the enemy had partially destroyed and then pursued the British as far as Queenston Heights. (p.32) - On pages 33 and 34 he speaks about meeting an old friend of his, Philip Harter. - The account ends at Queenston Heights

La justice naturelle et les non-citoyens : Une question d'intégrité ?

Susan Kneebone, Université Monash, Melbourne, Australie

De la consultation des peuples autochtones : structure institutionnelle d'un dialogue appelé à renouveler la notion des droits ancestraux : essai fondé sur la jurisprudence de la Cour suprême du Canada (1984-2004) et la théorie du droit

Le présent mémoire est consacré à l'étude de l'obligation faite à l'État canadien de consulter les autochtones lorsqu'il envisage de prendre des mesures portant atteinte à leurs droits et intérêts. On s'y interroge sur le sens que peut avoir cette obligation, si elle n'inclut pas celle de s'entendre avec les autochtones. Notre étude retrace d'abord l'évolution de l'obligation de consulter dans la jurisprudence de la Cour suprême du Canada, pour se pencher ensuite sur l'élaboration d'un modèle théorique du processus consultatif. En observant la manière dont la jurisprudence relative aux droits ancestraux a donné naissance à l'obligation de consulter, on constate que c'est en s'approchant au plus près de l'idée d'autonomie gouvernementale autochtone - soit en définissant le titre ancestral, droit autochtone à la terre elle-même - que la Cour a senti le besoin de développer la consultation en tant que véritable outil de dialogue entre l'État et les Premières nations. Or, pour assurer la participation réelle des parties au processus de consultation, la Cour a ensuite dû balancer leur rapport de forces, ce qu'elle a fait en admettant le manque de légitimité du pouvoir étatique sur les autochtones. C'est ainsi qu'après avoir donné naissance au processus de consultation, la jurisprudence relative aux droits ancestraux pourrait à son tour être modifiée substantiellement par son entremise. En effet, l'égalité qu'il commande remet en question l'approche culturaliste de la Cour aux droits ancestraux, et pourrait l'amener à refonder ces droits dans le principe plus égalitaire de continuité des ordres juridiques autochtones. Contrairement à l'approche culturaliste actuelle, ce principe fait place à la reconnaissance juridique de l'autonomie gouvernementale autochtone. La logique interne égalitaire du processus de consultation ayant ainsi été exposée, elle fait ensuite l'objet d'une plus ample analyse. On se demande d'abord comment concevoir cette logique sur le plan théorique. Ceci exige d'ancrer la consultation, en tant qu'institution juridique, dans une certaine vision du droit. Nous adoptons ici celle de Lon Fuller, riche de sens pour nos fins. Puis, nous explicitons les principes structurants du processus consultatif. Il appert de cette réflexion que l'effectivité de la consultation dépend de la qualité du dialogue qu'elle engendre entre les parties. Si elle respecte sa morale inhérente, la consultation peut générer une relation morale unique entre les autochtones et l'État canadien. Cette relation de reconnaissance mutuelle est une relation de don.

Classes Alléliques d’Haplotypes et Sélection Positive dans le Génome Humain

L'identification de régions génomiques cibles de la sélection naturelle positive permet de mieux comprendre notre passé évolutif et de trouver des variants génétiques fonctionnels importants. Puisque la fréquence des allèles sélectionnés augmente dans la population, la sélection laisse des traces sur les séquences d'ADN et ces empreintes sont détectées lorsque la variabilité génétique d'une région est différente de celle attendue sous neutralité sélective. On propose une nouvelle approche pour analyser les données de polymorphismes : le calcul des classes alléliques d’haplotypes (HAC), permettant d'évaluer la diversité globale des haplotypes en étudiant leur composition allélique. L'idée de l'approche est de déterminer si un site est sous sélection positive récente en comparant les distributions des HAC obtenues pour les deux allèles de ce site. Grâce à l'utilisation de données simulées, nous avons étudié ces distributions sous neutralité et sous sélection en testant l'effet de différents paramètres populationnels. Pour tester notre approche empiriquement, nous avons analysé la variation génétique au niveau du gène de lactase dans les trois populations inclues dans le projet HapMap.

L'influence du contexte conjoncturel sur la fonction intégrative de la cour de justice des communautés européennes dans le domaine de la libre circulation des marchandises

Le rôle intégratif que la Cour de justice des Communautés européennes (CJCE) a joué dans la construction européenne est bien connu et très documenté. Ce qui l'est moins ce sont les raisons qui l'ont motivé, et le motivent encore. Si certains se sont déjà penchés sur cette question, un aspect a néanmoins été complètement négligé, celui de l'influence qu'a pu avoir à cet égard le contexte conjoncturel sur la jurisprudence communautaire et plus précisément sur l'orientation que la Cour a choisi de lui donner. Dans ce cadre, les auditoires de la Cour ont un rôle déterminant. Pour s'assurer d'une bonne application de ses décisions, la Cour est en effet amenée à prendre en considération les attentes des États membres, des institutions européennes, de la communauté juridique (tribunaux nationaux, avocats généraux, doctrine et praticiens) et des ressortissants européens (citoyens et opérateurs économiques). Aussi, à la question du pourquoi la CJCE décide (ou non) d'intervenir, dans le domaine de la libre circulation des marchandises, en faveur de l'intégration économique européenne, j'avance l'hypothèse suivante: l'intervention de la Cour dépend d'une variable centrale : les auditoires, dont les attentes (et leur poids respectif) sont elles-mêmes déterminées par le contexte conjoncturel. L'objectif est de faire ressortir l'aspect plus idéologique de la prise de décision de la Cour, largement méconnu par la doctrine, et de démontrer que le caractère fluctuant de la jurisprudence communautaire dans ce domaine, et en particulier dans l'interprétation de l'article 28 du traité CE, s'explique par la prise en compte par la Cour des attentes de ses auditoires, lesquels ont majoritairement adhéré à l'idéologie néolibérale. Afin de mieux saisir le poids - variable - de chaque auditoire de la Cour, j'apprécierai, dans une première partie, le contexte conjoncturel de la construction européenne de 1990 à 2006 et notamment le virage néolibéral que celle-ci a opéré. L'étude des auditoires et de leur impact sur la jurisprudence fera l'objet de la seconde partie de ma thèse. Je montrerai ainsi que la jurisprudence communautaire est une jurisprudence « sous influence », essentiellement au service de la réalisation puis de l'approfondissement du marché intérieur européen.