Letters to Secretary General Drummond from Thomas Scott, July 1814

Thomas Scott (1746-1824) was a politician and judge originally from Scotland. He came to Canada in 1800 after accepting the appointment of Attorney General of Upper Canada, and in 1806 was promoted to Chief Justice of Upper Canada. The declaration of war in 1812 brought into question the loyalty of the colony’s population, who were largely born in America. As concerns over allegiance intensified, the government sought out traitors in an attempt to make an example of them and deter others. The subsequent trials of citizens accused of treason resulted in 15 convictions, including Jacob Overholser. These trials were intended to assert the authority of the state, but also to demonstrate clemency. Only 8 of the convicts were executed, with the rest being banished from the colony. Scott supported these measures, although they were largely initiated by Attorney General John Beverly Robinson. Thomas Scott retired in 1816 and died in 1824.

James Corbin letter, October 2, 1813

James Corbin (1791-1860) lived in Williamstown, Berkshire County, Massachusetts. He is buried there is Southlawn cemetery. Pliny Moore (1759-1822) was the founder of the town of Champlain, New York. He served in the revolutionary war and after received the Smith and Graves patent, a parcel of land more than 11,000 acres in size. He served in several town offices in Champlain, including postmaster and judge, as well as operating sawmills and textile mills. Letter transcription: Dear Sir, The reason I did not come to tend your mill last spring was because the letter you wrote me dated 1 of March I didn’t receive it until the 12 of April and inform me that if I could be there in 2 or 3 weeks you would employ me as we agreed and therefore I concluded it would not do any good for me to come. It was a great disappointment to me because I was all ready to come whenever I got word. It is impossible for me to come now for I am in partnership with my brother in the farm and Mills and must take care our crops and settle our [bushels] this winter. I know nothing to the contrary but what I can come next spring I will let you know by uncle Corbin this winter. James Corbin

A research capacity strengthening project for infectious diseases in Honduras: experience and lessons learned

Background: In Honduras, research capacity strengthening (RCS) has not received sufficient attention, but an increase in research competencies would enable local scientists to advance knowledge and contribute to national priorities, including the Millennium Development Goals (MDGs). Objective: This project aimed at strengthening research capacity in infectious diseases in Honduras, focusing on the School of Microbiology of the National Autonomous University of Honduras (UNAH). The primary objective was the creation of a research-based graduate program for the continued training of researchers. Parallel objectives included institutional strengthening and the facilitation of partnerships and networks. Methods: Based on a multi-stakeholder consultation, an RCS workplan was designed and undertaken from 2007 to 2012. Due to unexpected adverse circumstances, the first 2 years were heavily dedicated to implementing the project's flagship, an MSc program in infectious and zoonotic diseases (MEIZ). In addition, infrastructure improvements and demand-driven continuing education opportunities were facilitated; biosafety and research ethics knowledge and practices were enhanced, and networks fostering collaborative work were created or expanded. Results: The project coincided with the peak of UNAH's radical administrative reform and an unprecedented constitutional crisis. Challenges notwithstanding, in September 2009, MEIZ admitted the first cohort of students, all of whom undertook MDG-related projects graduating successfully by 2012. Importantly, MEIZ has been helpful in expanding the School of Microbiology's traditional etiology-based, disciplinary model to infectious disease teaching and research. By fulfilling its objectives, the project contributed to a stronger research culture upholding safety and ethical values at the university. Conclusions: The resources and strategic vision afforded by the project enhanced UNAH's overall research capacity and its potential contribution to the MDGs. Furthermore, increased research activity and the ensuing improvement in performance indicators at the prime Honduran research institution invoke the need for a national research system in Honduras.

Woodruff Family fonds, 1784 – 1983, (non-inclusive)

The Woodruff Family Collection: From the time the Woodruff Family came to Canada from the United States in 1795, they took an active role in the forming of their communities both in a civic and social manner. This is evident through the documents contained in this collection. The Woodruffs played an active role in the battles fought in Upper Canada and they were an integral part of the Village of St. Davids. They were educated, business-minded and socially engaged. They accumulated much of their fortune through land dealings. Much of this collection focuses on Samuel DeVeaux Woodruff who was principally a businessman. His dedication to his work is shown through his numerous undertakings. He made his mark on the Niagara Peninsula through his work on the railways, roads, marsh land revisions, canals and the paper industry. He was also involved with the founding of the Long Point Company and he took control of building DeVeaux Hall down to the last detail. His offspring inherited his work ethic and his business acumen. The people who married into the Woodruff Family also possessed key social, political and business ties. Anne and Margaret Clement were from a staunch Loyalist background. Samuel Zimmerman was instrumental to the founding of Niagara Falls and Judge Samuel DeVeaux left behind a legacy for poor and homeless boys in Niagara Falls, New York. The Woodruff Family undoubtedly left a mark on the Niagara Peninsula. This collection brings to light many endeavours of the family and their varied contributions.

Letter regarding a special service held by DeVeaux School to re-inter the body of Mrs. Maria Woodruff

Letter (2 page typed form letter with a handwritten note from Don Loker) regarding a special service held by DeVeaux School to re-inter the body of Mrs. Maria Woodruff, the first wife of Judge Samuel DeVeaux. Her body was originally buried at DeVeaux School in Niagara Falls, New York. The location of the ceremony was the cemetery in St. Davids, Ontario. Maria died on April 23, 1815 at the age of 19. This notice was sent by Rev. Alec Pudwell, chaplain of DeVeaux School, Niagara Falls, New York, May 6, 1963.

Some Incidents and Circumstances Written by William F. Haile in the Course of his Life, 1859

William Frederick Haile was born in Putney, Windham County, Vermont on November 4th, 1791. He was raised in Fairfield, Herkimer County, New York. At the age of 21 he entered the United States Army. He served in the War of 1812 as a lieutenant in the 11th United States Infantry. He was severely wounded in the Battle of Lundy’s Lane [not mentioned in this memoir]. After the war he settled in Plattsburgh, New York and became a lawyer. He was a judge from April 1837 to March of 1843. He was also the fifth collector of customs for the District of Champlain. He died on October 1861 at the age of 69. This document was written for the children of William Frederick Haile in January of 1859 [as noted on p.23]. The memoir ends in July of 1814 before the Battle of Lundy’s Lane. Haile’s memoir is laced with names of military personnel and he expresses his opinions freely.

Letter to Joseph A. Woodruff from Mr. Anderson

Letter to Joseph A. Woodruff from Mr. Anderson. He asks if Mr. Woodruff was able to bear some pressure on the judge to settle the old claim between Milroy and Price. This is accompanied by an envelope, Aug. 24, 1865.

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.

The Supreme Court’s Understanding of Federalism: Efficiency at the Expense of Diversity

This paper is an examination of the Supreme Court of Canada's interpretation of federalism since constitutional repatriation in 1982. It argues that the lure of centralist efficiency is overpowering a fundamentally important part of our federal order: regionalism. The author contends that changes made by the Court to certain fundamental concepts of Canadian constitutional law now provide Parliament with greater latitude than before in the exercise of its legislative powers. According to the author, these changes are disturbing because they are structured so as to preclude consideration of the legitimate concerns of regional polities. Furthermore, he argues that the Court has reinforced the central government's power to regulate the economy, including intraprovincial matters affecting trade, by resorting to highly functional tests that emphasize economic efficiency over other criteria. This, he claims, makes it more difficult to invoke legitimate regional interests that would lead to duplication, overlapping and even, in the eyes of some, inefficiency. The author the focuses on the Court's treatment of environmental protection in an attempt to show the tension between the Court's desire to use a functional approach and the need to recognize regional interests. Finally, through an examination of recent case law, he attemps to demonstrate that the Court's dominant perspective remains functional despite its endorsement of a more community-oriented undestanding of federalism in Secession Reference. If the Court chooses to proceed in this manner, it will alienate regional polities and may encourage them to choose more radical means of asserting their differences. Further, the author argues that strict adherence to the functional effectiveness approach will undermine the very values that federalism is meant to promote.

Impoverishment of The Law by The Law: A Critique of The Attorney General's Vision of The Rule of Law and The Federal Principle

This brief article is devoted to a critique of the arguments put forward by the Attorney General of Canada in connection with the Reference concerning certain questions relating to the secession of Quebec (hereinafter, "the Reference"). This critique will not be presented from a plainly positivist standpoint. On the contrary, I will be examining in particular (1) how the approach taken by the Attorney General impoverished the legal concepts of the rule of law anf federalism, both of which were, however, central to her submission; and, in a more general way, (2) how the excessively detailed analysis of constitutional texts contributes to the impoverishment of the symbolic function of the law, however essential that dimension may be to its legitimacy. My criticism will take into account the reasons for judgement delivered recently by the Supreme Court in the Reference.

Toward a Political Theory of Environmental Policy.

This paper makes some steps toward a formal political economy of environmental policy. Economists' quasi-unanimous preferences for sophisticated incentive regulation is reconsidered. First, we recast the question of instrument choice in the general mechanism literature and provide an incomplete contract approach to political economy. Then, in various settings, we show why constitutional constraints on the instruments of environmental policy may be desirable, even though they appear inefficient from a purely standard economic viewpoint.

Federal Constitutionalism and Aboriginal Difference

The author outlines a new legal approach, which he labels federal constitutionalism, to the question of aboriginal difference in Canada. This approach has the potential to open up more fruitful avenues for the resolution of aboriginal law issues than either the “frozen rights” approach currently adopted by the Supreme Court of Canada or the treaty federalism approach, which posits that treaties should be used to resolve all differences between aboriginals and non-aboriginals. The author outlines the difficulties inherent in both the frozen rights and treaty federalism approaches. Federal constitutionalism, in contrast, draws its vitality from an organic understanding of Canada’s constitutional experience. It would allow aboriginal peoples to be seen as federal actors who have historically shaped the Canadian federation. Federal constitutionalism is a multi-faceted approach that would permit aboriginal questions to be addressed using the federal principle, thereby allowing the legal focus to move away from section 35 of the Constitution Act, 1982. Aboriginal peoples would be able to exercise the rights of sovereignty over their own internal affairs, while individual aboriginals could participate directly in federal and provincial governments without having to proceed through the intermediary of aboriginal representatives. Federal constitutionalism would allow aboriginal peoples a guaranteed sphere of autonomy, while permitting recognition of their historical interdependence with non-aboriginal peoples.

The Secession Reference: A Ruling in Search of a Nation

This short article will address the two following issues: the new vision of the Canadian constitutional order entertained by the Supreme Court in the Reference re Secession of Quebec (I) nd the impact of this new vision. upon the fate of Canada (II)

L'évolution de l'appui à la souveraineté du Québec: effets de la formulation de la question et effets de contexte.

Cette recherche étudie l'évolution de l'appui à la souveraineté du Québec entre 1976 et aujourd'hui, en considérant les diverses formulations de la question utilisées par les acteurs politiques et par les sondeurs. Cette question est abordée en faisant une analyse longitudinale multiniveaux de plus de 800 sondages. Une telle approche suggère que les caractéristiques des sondages sont nichées à l'intérieur d'unités contextuelles plus larges, des unités de temps. Cela permet d'une part d'observer quels sont les facteurs liés à la mesure qui influencent l'appui à la souveraineté du Québec et ensuite de voir comment ces mêmes effets varient à travers le temps et comment ils sont influencés par certains événements jugés importants. Il ressort de ces analyses que les propositions séparation, indépendance, souveraineté et souveraineté-association/partenariat entraînent généralement des appuis moyens significativement différents les uns des autres. Il apparaît aussi que certains événements ont eu une influence significative sur l'évolution de l'appui à ces diverses propositions. Enfin, il a été tenté de voir si les appuis propres à ces diverses propositions évoluaient de manière parallèle, s'ils réagissaient similairement aux différents événements considérés dans les analyses ou si au contraire ces appuis pouvaient parfois évoluer de manière différente. Les résultats à cet égard sont intéressants mais non concluants.