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.

Conjuring Canadas: Historians and the Quest to Define a Canadian Nation and its Past, 1920-1967

This dissertation examines the various ways in which Canadian historical researchers confronted the “Canada question,” namely the challenge of defining the basis of a unified national community. In doing so, it follows the scholarship and activities of a network of historians and intellectuals centred on the Canadian Historical Review, a quarterly publication founded in 1920. This study examines their scholarship with the aim of identifying not only the various solutions they posed to the problem, but also the philosophical undercurrents that informed their reasoning in the process. It also traces the rise of a rival network in the Revue d’histoire de l’Amérique française, a French-language historical publication founded in 1947 that by its very existence posed a significant challenge to the definition of the nation at the core of the Canadian Historical Review. This dissertation argues that the network bound together by the Review was engaged in a hegemonic project, one that sought to present a particular definition of Canada through a historical narrative that rested upon a liberal logic. Yet the greatest sustained challenge they faced in this endeavour emerged from Francophone historical scholars, who, although proposing vastly different Canadas to those imagined at the Canadian Historical Review, came under the sway of a number of liberal currents of thought as well. A detailed summary of the key traits of these liberal Canadas is found in the conclusion.

The effects of the non-native invertebrate predator Bythotrephes longimanus and declining aqueous calcium on crustacean zooplankton communities in Canadian Shield lakes

Over the last several decades, human activities have resulted in environmental changes that have increased the number of stressors that can act on a single environment. In Canadian Shield lakes, two recent stressors, the invasion of Bythotrephes longimanus and calcium decline, have been documented. Widespread acidification of hundreds of North American lakes has resulted in the precipitous decline of lake water calcium concentration. Crustacean zooplankton with high calcium demands are likely to be vulnerable to calcium decline, especially <1.5 mg Ca/L, where survival and reproduction rates are reduced. These taxa are also vulnerable to predation by Bythotrephes that has been implicated in the loss of pelagic biodiversity in soft water lakes. Despite laboratory and field studies aimed at understanding the independent impact of these stressors, it is unclear how their co-occurrence will influence community response. Using a combination of data from a large regional lake survey and field experiments, I examined the individual and joint effects of Bythotrephes and calcium decline on native zooplankton community structure. Results demonstrated that much is known about Bythotrephes and our findings of reduced total zooplankton and species richness, due to the loss of Cladocera, are consistent with field surveys and other experimental studies. While we did not detect strong evidence for an effect of calcium on zooplankton using the lowest calcium concentration among invaded lakes (1.2 mg Ca/L), there is evidence that, as lake water calcium concentrations fall <1 mg Ca/L, per capita growth rates of a broad variety of taxa are expected to decline. At the regional scale, negative effects of Bythotrephes and calcium on abundances of small cladocerans and Daphnia pulicaria, respectively, were in agreement with my experimental observations. We also observed significant interactions between Bythotrephes and calcium for a broad variety of taxa. As Bythotrephes continues to spread and invade lakes that are also declining in aqueous calcium, both stressors are likely to amplify negative effects on Cladocera that appear the most vulnerable. Loss of these important zooplankton in response to both Bythotrephes and calcium decline, is likely to lower zooplankton productivity, with potential effects on phytoplankton and higher trophic levels.

A HARD PUSH FOR SOFT SKILLS: AN EXAMINATION OF POLICY AND RESEARCH ON NON-COGNITIVE SKILLS IN CANADIAN K-12 SCHOOLING

Non-cognitive skills have caught the attention of current education policy writers in Canada. Within the last 10 years, almost every province has produced a document including the importance of supporting non-cognitive skills in K-12 students in the classroom. Although often called different names (such as learning skills, cross curricular competencies, and 20th Century Skills) and occasionally viewed through different lenses (such as emotional intelligence skills, character skills, and work habits), what unifies non-cognitive skills within the policy documents is the claim that students that are strong in these skills are more successful in academic achievement and are more successful in post-secondary endeavors. Though the interest from policy-makers and educators is clear, there are still many questions about non-cognitive skills that have yet to be answered. These include: What skills are the most important for teacher’s to support in the classroom? What are these skills’ exact contributions to student success? How can teachers best support these skills? Are there currently reliable and valid measures of these skills? These are very important questions worth answering if Canadian teachers are expected to support non-cognitive skills in their classrooms with an already burdened workload. As well, it can begin to untangle the plethora of research that exists within the non-cognitive realm. Without a critical look at the current literature, it is impossible to ensure that these policies are effective in Canadian classrooms, and to see an alignment between research and policy. Upon analysis of Canadian curriculum, five non-cognitive skills were found to be the most prevalent among many of the provinces: Self-Regulation, Collaboration, Initiative, Responsibility and Creativity. The available research literature was then examined to determine the utility of teaching these skills in the classroom (can students improve on these skills, do these skills impact other aspects of students’ lives, and are there methods to validly and reliably assess these skills). It was found that Self-Regulation and Initiative had the strongest basis for being implemented in the classroom. On the other hand, Creativity still requires a lot more justification in terms of its impact on students’ lives and ability to assess in the classroom.

Sedimentology of a Middle Jurassic Base-of-Slope environment, Cutri Formation, Mallorca

The Cutri Formation’s, type location, exposed in the NW of Mallorca, Spain has previously been described by Álvaro et al., (1989) and further interpreted by Abbots (1989) unpublished PhD thesis as a base-of-slope carbonate apron. Incorporating new field and laboratory analysis this paper enhances this interpretation. From this analysis, it can be shown without reasonable doubt that the Cutri Formation was deposited in a carbonate base-of-slope environment on the palaeowindward side of a Mid-Jurassic Tethyan platform. Key evidence such as laterally extensive exposures, abundant deposits of calciturbidtes and debris flows amongst hemipelagic deposits strongly support this interpretation.

Revisiting the Late Jurassic-Early Cretaceous of the NW South Iberian Basin: new ages and sedimentary environments

The study of the Upper Jurassic-Lower Cretaceous deposits (Higueruelas, Villar del Arzobispo and Aldea de Cortés Formations) of the South Iberian Basin (NW Valencia, Spain) reveals new stratigraphic and sedimentological data, which have significant implications on the stratigraphic framework, depositional environments and age of these units. The Higueruelas Fm was deposited in a mid-inner carbonate platform where oncolitic bars migrated by the action of storms and where oncoid production progressively decreased towards the uppermost part of the unit. The overlying Villar del Arzobispo Fm has been traditionally interpreted as an inner platform-lagoon evolving into a tidal-flat. Here it is interpreted as an inner-carbonate platform affected by storms, where oolitic shoals protected a lagoon, which had siliciclastic inputs from the continent. The Aldea de Cortés Fm has been previously interpreted as a lagoon surrounded by tidal-flats and fluvial-deltaic plains. Here it is reinterpreted as a coastal wetland where siliciclastic muddy deposits interacted with shallow fresh to marine water bodies, aeolian dunes and continental siliciclastic inputs. The contact between the Higueruelas and Villar del Arzobispo Fms, classically defined as gradual, is also interpreted here as rapid. More importantly, the contact between the Villar del Arzobispo and Aldea de Cortés Fms, previously considered as unconformable, is here interpreted as gradual. The presence of Alveosepta in the Villar del Arzobispo Fm suggests that at least part of this unit is Kimmeridgian, unlike the previously assigned Late Tithonian-Middle Berriasian age. Consequently, the underlying Higueruelas Fm, previously considered Tithonian, should not be younger than Kimmeridgian. Accordingly, sedimentation of the Aldea de Cortés Fm, previously considered Valangian-Hauterivian, probably started during the Tithonian and it may be considered part of the regressive trend of the Late Jurassic-Early Cretaceous cycle. This is consistent with the dinosaur faunas, typically Jurassic, described in the Villar del Arzobispo and Aldea de Cortés Fms.

Upper-Pleistocene terrace deposits in Mediterranean climate: geomorphological and source-rock control on mineral and geochemical signatures (Betic Cordillera, SE Spain)

Mineral and chemical composition of alluvial Upper-Pleistocene deposits from the Alto Guadalquivir Basin (SE Spain) were studied as a tool to identify sedimentary and geomorphological processes controlling its formation. Sediments located upstream, in the north-eastern sector of the basin, are rich in dolomite, illite, MgO and KB2BO. Downstream, sediments at the sequence base are enriched in calcite, smectite and CaO, whereas the upper sediments have similar features to those from upstream. Elevated rare-earth elements (REE) values can be related to low carbonate content in the sediments and the increase of silicate material produced and concentrated during soil formation processes in the neighbouring source areas. Two mineralogical and geochemical signatures related to different sediment source areas were identified. Basal levels were deposited during a predominantly erosive initial stage, and are mainly composed of calcite and smectite materials enriched in REE coming from Neogene marls and limestones. Then the deposition of the upper levels of the alluvial sequences, made of dolomite and illitic materials depleted in REE coming from the surrounding Sierra de Cazorla area took place during a less erosive later stage of the fluvial system. Such modification was responsible of the change in the mineralogical and geochemical composition of the alluvial sediments.

Leave it to the Amateurs: A Career Development Explanation of Political Inexperience among Members of the Canadian Parliament:MA Thesis

In many advanced democracies, political scientists have lamented the rise of professional politicians as a challenge to the effective representation of diverse electorates. In contrast, their relative absence from Canadian federal politics gives rise to concerns over high levels of political amateurism among Canadian MPs. This study, thus, seeks to account for the numerical weakness of individuals with an occupational background in politics in the Canadian Parliament. It utilizes both individual-level quantitative data on MPs serving between the 35th and 41st Parliaments, inclusive, as well as material from qualitative interviews with over seventy former MPs. Conceptualizing the field of politics as a career in itself, and drawing on career development theory, the study finds that at the key stages of establishing, maintaining, and disengaging from a federal political career, there are specific challenges that are not significantly ameliorated by the possession of professional experience in politics itself. Professional politicians, therefore, have no major advantage over those with non-political occupational backgrounds in their career development. Furthermore, by acknowledging the existence of different types of professional politician, it finds that those whose primary occupational background was in politics itself to be in a distinct minority, but the extent of political amateurism is challenged by a much larger minority of MPs whose primary occupation was non-political but who still possess some secondary or electoral experience prior to entering Parliament.

An Assessment of How Nurse Practitioners Create Access to Primary Care in Canadian Residential Long-Term Care Settings

The aim of this paper is to explore the role and activities of nurse practitioners (NPs) working in long-term care (LTC) to understand concepts of access to primary care for residents. Utilizing the "FIT" framework developed by Penchanksy and Thomas, we used a directed content analysis method to analyze data from a pan-Canadian study of NPs in LTC. Individual and focus group interviews were conducted at four sites in western, central and eastern regions of Canada with 143 participants, including NPs, RNs, regulated and unregulated nursing staff, allied health professionals, physicians, administrators and directors and residents and family members. Participants emphasized how the availability and accessibility of the NP had an impact on access to primary and urgent care for residents. Understanding more about how NPs affect access in Canadian LTC will be valuable for nursing practice and healthcare planning and policy and may assist other countries in planning for the introduction of NPs in LTC settings to increase access to primary care.

A Cultural Approach to a Canadian Tragedy: The Indian Residential Schools as a Sacred Enterprise

For over a century, the Canadian state funded a church-run system of residential schools designed to assimilate Aboriginal children into Euro-Canadian culture. In addition to the problems associated with its ethnocentric philosophy, the school system was also characterised by terrible health conditions and physical and sexual abuse of the students was widespread. Recently, the schools have been the object of the most successful struggle for redress in Canadian history. One particularly puzzling aspect about the school system is that it persisted for so long, despite that many of its failings were known very early in its operation. In this article, this puzzle is addressed via a cultural analysis of a political struggle over the residential schools that occurred within Canadian Anglicanism at the outset of the twentieth century. The article concludes that the meaning of the school system as a sacred enterprise contributed to its persistence.

Growth and yield of red raspberries cultivated under open field condition vs. high tunnel or rain shelter in the northern canadian climate

La culture sous abris avec des infrastructures de type grands tunnels est une nouvelle technologie permettant d’améliorer la production de framboises rouges sous des climats nordiques. L’objectif principal de ce projet de doctorat était d’étudier les performances de ces technologies (grands tunnels vs. abris parapluie de type Voen, en comparaison à la culture en plein champ) et leur effets sur le microclimat, la photosynthèse, la croissance des plantes et le rendement en fruits pour les deux types de framboisiers non-remontants et remontants (Rubus idaeus, L.). Puisque les pratiques culturales doivent être adaptées aux différents environnements de culture, la taille d’été (pour le cultivar non-remontant), l’optimisation de la densité des tiges (pour le cultivar remontant) et l’utilisation de bâches réfléchissantes (pour les deux types des framboisiers) ont été étudiées sous grands tunnels, abris Voen vs. en plein champ. Les plants cultivés sous grands tunnels produisent en moyenne 1,2 et 1,5 fois le rendement en fruits commercialisables que ceux cultivés sous abri Voen pour le cv. non-remontant ‘Jeanne d’Orléans’ et le cv. remontant ‘Polka’, respectivement. Comparativement aux framboisiers cultivés aux champs, le rendement en fruits des plants sous grands tunnels était plus du double pour le cv. ‘Jeanne d’Orléans’ et près du triple pour le cv. ‘Polka’. L’utilisation de bâches réfléchissantes a entrainé un gain significatif sur le rendement en fruits de 12% pour le cv. ‘Jeanne d’Orléans’ et de 17% pour le cv. ‘Polka’. La taille des premières ou deuxièmes pousses a significativement amélioré le rendement en fruits du cv. ‘Jeanne d’Orléans’ de 26% en moyenne par rapport aux framboisiers non taillés. Des augmentations significatives du rendement en fruits de 43% et 71% du cv. ‘Polka’ ont été mesurées avec l’accroissement de la densité à 4 et 6 tiges par pot respectivement, comparativement à deux tiges par pot. Au cours de la période de fructification du cv. ‘Jeanne d’Orléans’, les bâches réfléchissantes ont augmenté significativement la densité de flux photonique photosynthétique (DFPP) réfléchie à la canopée inférieure de 80% en plein champ et de 60% sous grands tunnels, comparativement à seulement 14% sous abri Voen. Durant la saison de fructification du cv. ‘Polka’, un effet positif de bâches sur la lumière réfléchie (jusqu’à 42%) a été mesuré seulement en plein champ. Dans tous les cas, les bâches réfléchissantes n’ont présenté aucun effet significatif sur la DFPP incidente foliaire totale et la photosynthèse. Pour le cv. ‘Jeanne d’Orléans’, la DFPP incidente sur la feuille a été atténuée d’environ 46% sous le deux types de revêtement par rapport au plein champ. Par conséquent, la photosynthèse a été réduite en moyenne de 43% sous grands tunnels et de 17% sous abris Voen. Des effets similaires ont été mesurés pour la DFPP incidente et la photosynthèse avec le cv. Polka. En dépit du taux de photosynthèse des feuilles individuelles systématiquement inférieur à ceux mesurés pour les plants cultivés aux champs, la photosynthèse de la plante entière sous grands tunnels était de 51% supérieure à celle observée au champ pour le cv. ‘Jeanne d’Orléans’, et 46% plus élevée pour le cv. ‘Polka’. Ces résultats s’expliquent par une plus grande (près du double) surface foliaire pour les plants cultivés sous tunnels, qui a compensé pour le plus faible taux de photosynthèse par unité de surface foliaire. Les températures supra-optimales des feuilles mesurées sous grands tunnels (6.6°C plus élevé en moyenne que dans le champ), ainsi que l’atténuation de la DFPP incidente (env. 43%) par les revêtements de tunnels ont contribué à réduire le taux de photosynthèse par unité de surface foliaire. La photosynthèse de la canopée entière était étroitement corrélée avec le rendement en fruits pour les deux types de framboisiers rouges cultivés sous grands tunnels ou en plein champ.

Camino de Santa Isabel: su historia, conveniencia y practicabilidad y ventajas sobre los demás que atraviesan la Cordillera Central

25 p.