scholarly journals Cautious Optimism: Fraser v Canada (Attorney General)

2021 ◽  
Vol 30 (2) ◽  
pp. 1-14
Author(s):  
Jonnette Watson Hamilton
Keyword(s):  
British Columbia ◽  
Health Services ◽  
Adverse Effects ◽  
Negative Impact ◽  
Attorney General ◽  
The Other ◽  
Adverse Impact ◽  
Canadian Charter ◽  
The Third ◽  
Direct Discrimination

Adverse effects discrimination arises when a law that appears to be neutral on its face has a disproportionate and negative impact on members of a group identified by a protected ground.1 The discrimination is usually not as easy to see as it is in cases of direct discrimination, where distinctions are drawn by a law, program, or policy. This may be why Fraser v Canada (Attorney General)2 is only the third adverse effects claim under section 15(1) of the Canadian Charter of Rights and Freedoms3 to succeed since section 15 came into force in 1985.4 Fraser is notable simply because it is the first successful adverse effects claim in twenty-two years.5 1 Jonnette Watson Hamilton & Jennifer Koshan. “Adverse Impact: The Supreme Court’s Approach to Adverse Effects Discrimination under Section 15 of the Charter” (2015) 19:2 Rev Const Stud Studies 191 at 196 [“Adverse Impact”]. 2 2020 SCC 28 [Fraser]. 3 Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 [Charter]. 4 The other two cases in which adverse effects claims were successful were Eldridge v British Columbia, [1997] 3 SCR 624, 151 DLR (4th) 577 [Eldridge cited to SCR] and Vriend v Alberta, [1998] 1 SCR 493, 156 DLR (4th) 385 [Vriend cited to SCR]. 5 At least five adverse effects claims made under section 15 of the Charter failed in the intervening twentytwo years: Health Services and Support — Facilities Subsector Bargaining Assn v British Columbia, 2007 SCC

Adverse Effects Discrimination

2020 ◽  
pp. 41-50
Keyword(s):  
Adverse Effects ◽  
Needs Assessment ◽  
Supreme Court ◽  
Legal History ◽  
Attorney General ◽  
Workforce Training ◽  
Adverse Impact ◽  
Court Cases ◽  
Protected Group ◽  
Judicial Instruction

Legal writers call it “adverse effects discrimination” and “adverse discrimination effect,” which describes a situation in which a policy that seems on its face to treat everyone equally actually has an adverse impact on a protected group. Applied to gender inequality, ageism, and differential provisions for workforce training, there are plenty of cases to support the principle. One of the most notable Supreme Court cases in Canadian legal history is Gosselin v. Quebec (Attorney General). This chapter is an overview of some of the opinions published about Gosselin that exposes the Charter as negative law and constitutes part of a needs assessment for judicial instruction about deciding cases of equity.

Productivity of Owikeno Lake, British Columbia

1969 ◽  
Vol 26 (5) ◽  
pp. 1363-1368 ◽  
Author(s):  
David W. Narver
Keyword(s):  
British Columbia ◽  
North America ◽  
Primary Productivity ◽  
Sockeye Salmon ◽  
Nursery Area ◽  
The Other ◽  
Lake Productivity ◽  
The Third ◽  
Annual Total

Although Owikeno Lake is the third highest producer of adult sockeye salmon in North America in terms of mean annual total return (catch plus escapement) per unit of lake nursery area, limited measurements of other indices of lake productivity suggest that its primary productivity is much lower than that of the other four highest sockeye-producing lakes. The implications of these results to sockeye production are discussed.

Oestrogenic activity of fresh, wilted, dried and fermented berseem (Trifolium alexandrinum)

1978 ◽  
Vol 91 (2) ◽  
pp. 359-363
Author(s):  
M. N. Shehata ◽  
Adel Hassan ◽  
K. El-Shazly ◽  
A. M. Yassen
Keyword(s):  
Adverse Effects ◽  
The Other ◽  
Trifolium Alexandrinum ◽  
Egyptian Clover ◽  
The Third

SUMMARYAn investigation was carried out to detect and evaluate the oestrogenic activity of three successive cuts of Egyptian clover berseem (Tifolium alexandrinum). Changes in oestrogenic activity due to wilting, drying and fermentation were also studied.Oestrogenic activity was higher (P < 0·01) in first-cut berseem (49–6 ug diethylstilbestrol equivalency (DES)/kg D.M.) than in the second (38·2 ug) and the third cuts (36·1 ug), and was decreased in the three successive cuts by wilting and dehydrating to 88% D.M. It was greater (P < 0·01) in the wilted berseem than the dried material of the second cut. Oestrogenic activity was increased (P < 0·05) in all cuts by fermentation, but it was higher (P < 0·01) in the fermented second cut than the other cuts.An intake of 10 kg D.M. of silage would be equivalent to 0·98 mg DES, which have no adverse effects on production and reproduction.

A re-examination of the type area of the Devono-Mississippian Cariboo Orogeny, central British Columbia

1981 ◽  
Vol 18 (12) ◽  
pp. 1767-1775 ◽  
Author(s):  
L. C. Struik
Keyword(s):  
British Columbia ◽  
North American ◽  
Volcanic Rocks ◽  
The Other ◽  
Type Locality ◽  
The Third ◽  
The North ◽  
Early Mesozoic ◽  
Type Area ◽  
North American Craton

Three tectonostratigraphic successions are established from remapping of the area near Barkerville and Cariboo River. The first, of Late Proterozoic to Cambrian sediments, was deposited on the shallow to moderately deep platformal shelf west of and derived from the exposed North American craton. The second is an unconformably overlying Ordovician to Permian sequence of sedimentary and volcanic rocks representing a basinal environment with periodic highs. These packages of sediments were deposited on the North American craton and its western transitional extensions. The third succession, composed of oceanic chert and basalt of the Permo-Pennsylvanian Antler Formation, was thrust eastward over the other two during the early Mesozoic. The three successions were folded, faulted, and metamorphosed during the mid-Mesozoic Columbian Orogeny. The Devono-Mississippian Cariboo Orogeny, which was thought to have affected all of the first sequence and part of the second, could not be documented in its type locality. The geology of the Barkerville – Cariboo River area has many similarities with that of Selwyn Basin and Cassiar platform of northern British Columbia and Yukon.

scholarly journals Comment on Fraser v Canada (AG): The More Things Change

2021 ◽  
Vol 30 (2) ◽  
pp. 85-96
Author(s):  
Richard Moon
Keyword(s):  
British Columbia ◽  
Supreme Court ◽  
Academic Career ◽  
Attorney General ◽  
Supreme Court Of Canada ◽  
Special Issue ◽  
Canadian Charter ◽  
Equality Rights ◽  
The Supreme Court

Very early in my academic career I wrote two pieces about section 15.1 The first was written in 1987, before the Supreme Court of Canada had heard any section 15 cases,2 and the second in 1989 was a comment on Andrews v Law Society of British Columbia, the first of the Court’s section 15 decisions.3 When I re-read these pieces recently it struck me that with a few minor updates they could be read as comments on the Court’s recent decision in Fraser v Canada(Attorney General). 4 The same issues and tensions that were there at the beginning of section 15 are still there. They are built into the concept of constructive/effects discrimination and are not about to disappear. Shamelessly, I have reconstituted these two earlier pieces into a comment, of sorts, on the Fraser case. Other contributors in this special issue of the Constitutional Forum have set out the facts of the Fraser case and so I have not done so here. 1 Canadian Charter of Rights and Freedoms, s 15, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 [Charter].2 Richard Moon, “Discrimination and Its Justification: Coping with Equality Rights under the Charter” (1988) 26:4 Osgoode Hall LJ 673.3 Richard Moon, “A Discrete and Insular Right to Equality: Comment on Andrews v. Law Society of British Columbia”(1989) 21:3 Ottawa L Rev 563.4 2020 SCC 28 [Fraser].

Možnosti rozvoje sdílené mobility v moravskoslezském kraji

2021 ◽  
Author(s):  
Kateřina Peterková ◽  
Marek Krumnikl ◽  
Simona Králová
Keyword(s):  
Rural Areas ◽  
Negative Impact ◽  
Relevant Literature ◽  
The Other ◽  
Adverse Impact ◽  
Sustainable Transport ◽  
Missing Information ◽  
Shared Mobility ◽  
Bike Sharing ◽  
The City

The research analysed shared mobility in the Moravian-Silesian region as an important aspect of sustainable transport within the concept of a smart city and a smart countryside. The use of shared mobility offers a way of reducing the adverse impact of traffic. It mainly deals with the lack of parking spots, traffic jams and the negative impact on the environment. Within the Moravian-Silesian region, the possibilities of shared mobility usage and its development barriers were studied in the city of Ostrava and in selected rural areas. The research included an extensive examination of relevant literature, the analysis of strategic documents, a survey and also interviews with experts in the field. The Moravian-Silesian region and the city of Ostrava is trying to promote and to develop shared mobility. Bike-sharing especially, works very well in Ostrava, on the other hand in the countryside shared mobility is just in the beggining, however there is great potential in joint collection of the inhabitans to transport them to larger municipalities. In any case, there is still a lot of room for the development of shared mobility. In the countryside, the greatest obstacle for the development is the conviction of people because they are so used to their own cars while in Ostrava, the citizens are more open to various forms of shared mobility. However missing information or the lack of a desired form of shared mobility from the city can hinder its development as well.

Efficacy of some insecticide modules against major insect pests and spider population of rice, Oryza sativa L.

ENTOMON ◽  
2018 ◽  
Vol 43 (4) ◽  
pp. 257-262
Author(s):  
Atanu Seni ◽  
Bhimasen Naik
Keyword(s):  
Oryza Sativa ◽  
Grain Yield ◽  
Untreated Control ◽  
Insect Pests ◽  
Oryza Sativa L ◽  
Gall Midge ◽  
Stem Borer ◽  
The Other ◽  
The Third ◽  
Treated Plot

Experiments were carried out to assess some insecticide modules against major insect pests of rice. Each module consists of a basal application of carbofuran 3G @ 1 kg a.i ha-1 at 20 DAT and Rynaxypyr 20 SC @ 30 g a.i ha-1 at 45 DAT except untreated control. All modules differ with each other only in third treatment which was applied in 65 DAT. The third treatment includes: Imidacloprid 17.8 SL @ 27 g a.i ha-1, Pymetrozine 50 WG @ 150 g a.i ha-1, Triflumezopyrim 106 SC @ 27 g a.i ha-1, Buprofezin 25 SC @ 250 g a.i ha-1; Glamore (Imidacloprid 40+Ethiprole 40% w/w) 80 WG @ 100 g a.i. ha-1, Thiacloprid 24 SC @ 60 g a.i ha-1, Azadirachtin 0.03 EC @ 8 g a.i ha-1, Dinotefuran 20 SG@ 40 g a.i ha-1 and untreated control. All the treated plots recorded significantly lower percent of dead heart, white ear- head caused by stem borer and silver shoot caused by gall midge. Module with Pymetrozine 50 WG @ 150 g a.i ha-1 treated plot recorded significantly higher per cent reduction of plant hoppers (>80% over untreated control) and produced higher grain yield (50.75 qha-1) than the other modules. Among the different treated modules the maximum number of spiders was found in Azadirachtin 0.03 EC @ 8 g a.i ha-1 treated module plot followed by other treatments.

Ecological Innovations in the Automotive Sector. Part I: Construction Innovations

2018 ◽  
Vol 19 (11) ◽  
pp. 30-35
Author(s):  
Marta Wójcik
Keyword(s):  
Automotive Industry ◽  
Diesel Engines ◽  
New Technologies ◽  
Negative Impact ◽  
The Other ◽  
Automotive Sector ◽  
Environmental Aspects ◽  
Car Industry ◽  
Human Transport ◽  
Sector Part

The automotive sector is one of the fastest growing sectors of economy. The increasing amount of cars both in Polish and world roads results in the immeasurable benefits associated with the goods and human transport. On the other hand, this phenomenon caused the contamination of the environment. During the fuel combustion in petrol or diesel engines, the harmful gases, for example CO2, NOx and SOx are emitted. Apart from the negative impact on the environment, the emission of the aforementioned gases results in the deterioration of human conditions, as well as, the development of civilization diseases. In order to minimalize the harmful influence of an automotive industry on the environment, new technologies which can reduce the consumption of fuel or limit the fumes emission are developed. The first part of paper presents new solutions in an automotive sector which influence on the decline of the negative impact of automobiles on the environment. Additionally, proposed solutions affect the development of a car industry, taking into consideration environmental aspects.

Retroaktive Neuverhandlung

2018 ◽  
Vol 63 (1) ◽  
Author(s):  
Daniel Martin Feige
Keyword(s):  
Original Work ◽  
The Other ◽  
Final Part ◽  
Critical Reading ◽  
The Third ◽  
Works Of Art ◽  
The Relationship

Der Beitrag widmet sich der Frage historischer Folgeverhältnisse in der Kunst. Gegenüber dem Gedanken, dass es ein ursprüngliches Werk in der Reihe von Werken gibt, das späteren Werken seinen Sinn gibt, schlägt der Text vor, das Verhältnis umgekehrt zu denken: Im Lichte späterer Werke wird der Sinn früherer Werke neu ausgehandelt. Dazu geht der Text in drei Schritten vor. Im ersten Teil formuliert er unter der Überschrift ›Form‹ in kritischer Abgrenzung zu Danto und Eco mit Adorno den Gedanken, dass Kunstwerke eigensinnig konstituierte Gegenstände sind. Die im Gedanken der Neuverhandlung früherer Werke im Lichte späterer Werke vorausgesetzte Unbestimmtheit des Sinns von Kunstwerken wird im zweiten Teil unter dem Schlagwort ›Zeitlichkeit‹ anhand des Paradigmas der Improvisation erörtert. Der dritte und letzte Teil wendet diese improvisatorische Logik unter dem Label ›Neuaushandlung‹ dann dezidiert auf das Verhältnis von Vorbild und Nachbild an. The article proposes a new understanding of historical succession in the realm of art. In contrast to the idea that there is an original work in the series of works that gives meaning to the works that come later, the text proposes to think it exactly the other way round: in the light of later works, the meanings of earlier works are renegotiated. The text proceeds in three steps to develop this idea. Under the heading ›Form‹ it develops in the first part a critical reading of Danto’s and Eco’s notion of the constitution of the artworks and argues with Adorno that each powerful work develops its own language. In the second part, the vagueness of the meaning of works of art presupposed in the idea of renegotiating earlier works in the light of later works is discussed under the term ›Temporality‹ in terms of the logic of improvisation. The third and final part uses this improvisational logic under the label ›Renegotiation‹ to understand the relationship between model and afterimage in the realm of art.

Features of the course and treatment of glaucoma during pregnancy

2020 ◽  
Vol 98 (3) ◽  
pp. 178-184
Author(s):  
T. V. Chernyakova ◽  
A. Yu. Brezhnev ◽  
I. R. Gazizova ◽  
A. V. Kuroyedov ◽  
A. V. Seleznev
Keyword(s):  
Pregnant Women ◽  
Laser Treatment ◽  
Progressive Disease ◽  
Clinical Course ◽  
The Other ◽  
Third Trimester ◽  
The Third ◽  
Chronic Progressive Disease ◽  
Hypotensive Therapy ◽  
Eye Pressure

In the review we have integrated all up-to-date knowledge concerning clinical course and treatment of glaucoma among pregnant women to help specialists choose a proper policy of treatment for such a complicated group of patients. Glaucoma is a chronic progressive disease. It rarely occurs among childbearing aged women. Nevertheless the probability to manage pregnant patients having glaucoma has been recently increasing. The situation is complicated by the fact that there are no recommendations on how to treat glaucoma among pregnant women. As we know, eye pressure is progressively going down from the first to the third trimester, so we often have to correct hypotensive therapy. Besides, it is necessary to take into account the effect of applied medicines on mother health and evaluate possible teratogenic complications for a fetus. The only medicine against glaucoma which belongs to category B according to FDA classification is brimonidine. Medicines of the other groups should be prescribed with care. Laser treatment or surgery may also be a relevant decision when monitoring patients who are planning pregnancy or just bearing a child. Such treatment should be also accompanied by medicines.

Sign in / Sign up

Export Citation Format

Share Document