- Apr 2020
-
www.ncbi.nlm.nih.gov www.ncbi.nlm.nih.gov
-
Duration from onset of symptoms to radiological confirmation of pneumonia, days5 (3–9)5 (3–7)Duration from onset of symptoms to ICU admission, days9 (6–12)11 (7–14)Heart rate, beats per min89 (20)89 (15)Systolic blood pressure, mm Hg133 (20)140 (21)
-
-
www.ncbi.nlm.nih.gov www.ncbi.nlm.nih.gov
-
Heart rate, respiratory rate, and mean arterial pressure did not differ between patients who received ICU care and patients who did not receive ICU care. These measures were recorded on day of hospital admission for all patients, then divided into those who were later admitted to the ICU or not.
-
Common complications among the 138 patients included shock (12 [8.7%]), ARDS (27 [19.6%]), arrhythmia (23 [16.7%]), and acute cardiac injury (10 [7.2%]). Patients who received care in the ICU were more likely to have one of these complications than non-ICU patients.
-
-
www.cell.com www.cell.com
-
When Ace2 is transgenically overexpressed in mouse heart, cardiac defects are again observed, most notably a lethal ventricular arrhythmia, which is associated with disruption of gap junction formation [9Donoghue M et al.Heart block, ventricular tachycardia, and sudden death in ACE2 transgenic mice with downregulated connexins.J. Mol. Cell. Cardiol. 2003; 35: 1043-1053Abstract Full Text Full Text PDF PubMed Scopus (142) Google Scholar]. The high incidence of sudden death in these mice correlated with the levels of Ace2 transgene expression. Surviving older mice showed a spontaneous downregulation of the transgene and restoration of normal cardiac function.
-
-
www.nature.com www.nature.com
-
and respiratory dysfunction and hypoxaemia caused by COVID-19, resulting in damage to myocardial cells.
-
-
accessmedicine.mhmedical.com accessmedicine.mhmedical.com
-
Nose and nasoethmoidal fractures should be assessed carefully to identify damage to the lacrimal drainage system or to the cribriform plate producing cerebrospinal fluid rhinorrhea.
inj of lacrimal drainage sys or cribriform plate should be assessed (possible CSF rhinorrhea)
-
The typical clinical course of an epidural hematoma is an initial loss of consciousness, a lucid interval, and recurrent loss of consciousness with an ipsilateral fixed and dilated pupil. While decompression of subdural hematomas may be delayed, epidural hematomas require evacuation within 70 minutes.
-
The goal of resuscitation and management in patients with head injuries is to avoid hypotension (SBP of <100 mmHg) and hypoxia (partial pressure of arterial oxygen of <60 or arterial oxygen saturation of <90%).
Tags
- recurrent loss of consciousness
- typical clinical course of an epidural hematoma
- Nose and nasoethmoidal fractures
- goal of resuscitation and management in patients with head injuries
- decompression of subdural hematomas
- epidural hematomas evacuation
- lucid interval
- patients with head injuries
- loss of consciousness
- ipsilateral fixed and dilated pupil
Annotators
URL
-
-
wordpress.org wordpress.org
-
Automattic uses WordPress to power WordPress.com, and it contributes back code and time to the WordPress project. It is a symbiotic relationship. It isn’t accurate to say that WordPress is Automattic’s product, or that WordPress came from Automattic. Indeed, the opposite is true — Automattic came from WordPress, and Automattic (through WordPress.com) exists as part of the vast WordPress community and ecosystem.
That's probably a common misconception. I'm glad they clarified that because I might have assumed that as well:
It isn’t accurate to say that WordPress is Automattic’s product, or that WordPress came from Automattic. Indeed, the opposite is true — Automattic came from WordPress, and Automattic (through WordPress.com) exists as part of the vast WordPress community and ecosystem.
-
- Mar 2020
-
-
To complicate things further, if you classify your social-sharing-plugins-usage as required functionality, and those need to set their own 3rd party cookies (as they themselves classify those as required), hello to 3rd party cookies being set by default and no way for users to opt-out (except by turning them off via browser, which means the whole thing is redundant, might as well just instruct users to disable third party cookies if they don't want to participate in social sharing crap?)
-
-
journals.sagepub.com journals.sagepub.com
-
This resource examines the demographics of people who enroll in nonprofit management degrees. The information provided supports understanding nonprofit management as well as coursework involved.
-
-
trainingindustry.com trainingindustry.com
-
This article not only focuses on learning but development of leaders. The author explores the importance of leadership development in order to meet the needs of the organization and those of the stakeholders who support or might need something from the organization.
-
-
www.salsalabs.com www.salsalabs.com
-
The blog focuses on best practices to determine if the training Nonprofit staff receives is effective. The focus is ensuring that the training meets organizational goals and connects to the work of the employee.
-
-
youradchoices.com youradchoices.com
-
How do relevant ads help pay for content and services? Advertising is the engine that powers much of the content and services that consumers enjoy online. More relevant ads get more clicks, and advertisers pay more for these ads, allowing content and services providers to continue to operate without charging visitors to their sites.
-
-
en.wikipedia.org en.wikipedia.org
-
pattern library with the specific goal of naming and shaming deceptive user interfaces
-
-
complianz.io complianz.io
-
And this is where we can all see dark clouds forming: if Recaptcha is opt-in (as the GDPR requires) then all a spammer needs to do to bypass Recaptcha, is to not accept cookies, right?
-
-
www.oracle.com www.oracle.com
-
Also note that the first two opt out tools are currently cookie-based and prevent Oracle from using, sharing, or selling your personal information for interest-based advertising on the browser on which they are installed. As a result, the opt out will only function if your browser is set to accept third-party cookies and may not function where cookies are sometimes automatically disabled or removed (e.g., certain mobile devices and operating systems). If you delete cookies, change your browser settings, switch browsers or computers, or use another operating system, you will need to opt out again. Oracle does not use persistent, unique identifiers to revive a previously opted-out profile or deleted cookie.
-
-
-
Note that the scope of personal data is truly broad, which makes processing complex and tricky. So, even though, for instance, you employ anonymization in Google Analytics to get rid of all information that falls under this category, you’re still in a catch-22 situation. This is because GA stores a visitor online identifier in a cookie, and under the GDPR that file constitutes a piece of personal data. That means you still need to obtain consent from visitors to process their data.
-
- Feb 2020
-
ebookcentral.proquest.com ebookcentral.proquest.com
-
ProQuest Ebook Central: Hanging Out, Messing Around and Geeking Out
-
-
opensquare.nyupress.org opensquare.nyupress.org
-
The Digital Edge How Black and Latino Youth Navigate Digital Inequality
Book
-
-
www.scienceintheclassroom.org www.scienceintheclassroom.org
-
5. Bosiger YJ, McCormick M. Temporal links in daily activity patterns between coral reef predators and their prey. PLoS One 2014; 9:e111723. doi: 10.1371/journal.pone.0111723 PMID: 25354096
The timing of activity for two predators (rockcod and dottyback, both reef fishes), and their common prey (the lemon damselfish) was compared. The behavior of the prey fish was determined to be a compromise between ideal times for efficient food capture and predator avoidance, with a particularly strong avoidance of the rockcod.
For the present study on blacktip reef sharks, considering the influence of prey activity allowed researchers to explore if factors other than temperature were driving the behavior of sharks.
-
7. Sims DW, Wearmouth VJ, Southall EJ, Hill JM, Moore P, Rawlinson K, et al. Hunt warm, rest cool: bioenergetic strategy underlying diel vertical migration of a benthic shark. J Anim Ecol 2006; 75:176–190. PMID: 16903055
This previous study of temperature-related shark behavior sought to study the feeding movements of dogfish: a relatively small shark that lives on the bottom of shallow marine environments. Researchers found that dogfish "avoided warmer water even when it was associated with greater food availability" showing a strong preference for colder waters when given the chance.
The similar title of this paper ("Hunt warm, rest cool...") with that of the present study (."..Hunt Warm, Rest Warmer?) suggests that Dr. Papastamatiou and colleagues used the dogfish study as an important source of inspiration for their own study on blacktip reef sharks.
-
hook and line
The quintessential fishing method, which uses a hook with a lure or bait attached to entice fish to bite on to the hook. Ensnared fish are then pulled to the surface for capture or release. This targeted fishing method allows scientists to minimize the impact of their research on other non-target fish that could end up as by-catch in nets, cages, and other gear. Also called "pole and line" fishing, this method can be used to make commercial fishing more sustainable, as in the case of tuna-fishing in the maldives, which you can read more about at The Guardian: https://www.theguardian.com/sustainable-business/pole-line-fishing-sustainability-tuna-market
-
US National Fish and Wildlife Refuge
This network was established in 1903 and has since grown to include over 150,000,000 acres of land that are dedicated to wildlife conservation.
Read more at the website of the U.S. Fish and Wildlife Service: https://www.fws.gov/refuges/?ref=topbar
-
We used bio-logging to quantify the daily activity cycles
Many of the news articles written about this study compare the methods used here to study sharks to the black-box flight recorder technology that is used to continuously collect in-flight data on airplanes--information that becomes particularly important in the event of a plane malfunction/crash.
Although no mention of 'black-box technology' is made in this paper, interviews with the author typically relied on this comparison to communicate the methods of the study to the public. Read one such example at Engineering and Technology: https://eandt.theiet.org/content/articles/2015/06/black-box-technology-shines-light-on-shark-behaviour/
-
Hence, predator behaviour may aim to maximize foraging success based on both prey behaviour and the physiological processes that can influence behaviour of prey (i.e. metabolic rates).
The original hypothesis that shark behavior would be solely tied to their own temperature (most active when warm and resting when cool, or some other binary relationship) is revised in light of the more nuanced pattern that the researchers observed in the data.
Here, the authors present a new hypothesis that also includes the temperature and behavior of prey, pointing out that the sharks may be most active when the temperature gap between predator and prey is the largest due to their differences in thermal inertia. When the shark is cooling, the fish upon which it preys will have cooled down even more, reducing their ability to escape from the still relatively warm shark.
-
(http://aa.usno.navy.mil/data/docs/MoonFraction.php)
This link does not seem to work, but the data resources of the United States Naval Observatory Astronomical Applications Department can be found at this website.
-
therefore never truly rest
It is a common misconception that all sharks must constantly be in motion in order to breathe. While this is not true for all sharks, this is the case for the blacktip reef sharks at the center of this particular study!
There are several different methods that sharks can use for breathing, which you can read more about at How Stuff Works: https://animals.howstuffworks.com/fish/sharks/shark-drown.htm
-
-
www.umich.edu www.umich.edu
-
* Information-Processing Analysis : about the mental operations used by a person who has learned a complex skills
this sounds a lot more involved unless you are working off a basic set of assumptions for mental operations and complex skills. Further understanding of psychological research and learning theories would be needed.
-
Dick and Carey Model
what the heck is this website, lmao.
-
-
marxdown.github.io marxdown.github.io
-
Image Credit: Detail from "The School of Athens" by Raffaello Sanzio da Urbino (c. 1509–1511).
Euclid's common notions appear to be grounds for many of Marx's arguments in Ch. 1, but also throughout the book.
Near the beginning of Ch. 1 of the Elements Euclid lists them [PDF]:
- Things that are equal to the same thing are also equal to one another (the Transitive property of a Euclidean relation).
- If equals are added to equals, then the wholes are equal (Addition property of equality).
- If equals are subtracted from equals, then the differences are equal (Subtraction property of equality).
- Things that coincide with one another are equal to one another (Reflexive property).
- The whole is greater than the part.
Regarding the fifth, also see Aristotle, Metaphysics 8.6 [=1045a]; Topics 6.13 (=150a15-16);
On the concept of the "whole-before-the-parts" (along with the "whole of the parts" and the "whole in the part"), also see Proclus, El. Theol., prop. 67.
-
- Jan 2020
-
github.com github.com
-
github.com github.com
-
-
Global industrial robot sales
-
-
www.statista.com www.statista.com
-
Fourth-party logistics (4PL) market size from 2018 to 2027
-
-
marxdown.github.io marxdown.github.io
-
no difference
The nature of the wants that commodities satisfy makes no difference. This is perhaps somewhat surprising to readers, given the extent to which everyday critiques of capitalist society often center around the role that consumerism plays and the subjective effects that this produces, namely, the way that consumer society creates all sorts of desires (as well as the obverse--many will defend capitalism on the grounds that it is able to satisfy our inordinate appetite for novelty by producing an enormous proliferation of desirable commodities). Yet, for Marx, the nature of these desires "makes no difference."
It is worth pointing out that the critique of the appetites that consumer society spawns is by no means new (a rather early moment in the history of consumer society). We find it already on display in Book II of Plato's Republic. In looking to shift the terrain of the analysis of justice from the individualistic, social contractualist theory of justice elaborated by Glaucon, Socrates founds a 'city' based on the idea that no one is self-sufficient, that human beings have much need of one another, and that the various crafts--farming, weaving cloth, etc.--fare best when each person specializes in that craft to which they are most suited by nature. After sketching out a kind of idyllic, pastoral community based on the principle of working together to satisfy our natural appetites, Socrates aristocratic companion Glaucon objects, describing this city as a 'city fit for pigs'. At this point, Socrates conjures what he calls the 'luxurious city', at which point a whole host of social ills are unleashed in order to satisfy Glaucon's desire for the luxuries to which he is accustomed. Currency and trade are introduced, along with a more complex division of labor (and wage labor!), and quite quickly, war. On the basis of the principle of 'one person, one craft', Socrates argues that making war is itself a craft that requires specialization (and thus a professional army).
For Plato, this represents the beginning of class society, as the profession military becomes a class distinct from the class of producers and merchants.
Plato thus anticipates a version of a view that becomes one of the key theses of the Marxist theory of the state, namely, the idea that the state exists only in societies that have become "entangled in an insoluble contradiction within itself" and which are "cleft into irreconcilable antagonisms which it is powerless to dispel," (Engels, The Origin of the Family, Private Property, and the State). The state emerges as "a power apparently standing above society...whose purpose is to moderate the conflict and keep it within the bounds of 'order'" Engels writes, "this power arising out of society, but placing itself above it, and increasingly separating itself from it, is the state." Lenin cites this passage in the first pages of State and Revolution in order to critique the 'bourgeois' view that the state exists in order to reconcile class interests. In Lenin's reading of Marx, the state exists as "an organ of classs domination, an organ of oppression of one class by another," a view articulated in The Communist Manifesto, (cf. V.I. Lenin, State and Revolution in V.I.Lenin: Collected Works, Vol. 25, pp. 385-497).
Marx cites this same passage from Republic in a long footnote to his discussion of the Division of Labor and Manufacture on pp. 487-488, which also happens to be the sole place in Capital where Marx cites Plato.
The fact that Marx here expresses indifference to the particular appetites that commodities satisfy is thus intriguing and ambiguous. Given that this question both clearly animates Plato's discussion of the origin of class society in Republic and, additionally serves as an alternative to the social contractarian view of justice that descends from Glaucon through Hobbes and the 18th century 'Robinsonades', this seemingly technical point also touches upon questions concerning Marx's engagement with both classical and modern political theory.
If for Plato, the unruly appetites represent the seed of which class-divided society is the fruit, Marx's dismissal of the question of the nature of the appetites that are satisfied by commodities points to exchange-value and the social forms that it unleashes as being key dimensions of the particular form that class-antagonism takes in capitalist society.
-
-
www.getcreativesanantonio.com www.getcreativesanantonio.com
-
www.getcreativesanantonio.com www.getcreativesanantonio.com
-
Local file Local file
-
Holmberg, distance education ischaracterized by the following statements:
Holmberg distance education is characterized by the following:
-
Holmberg's (1989) theory of distance education, what he calls "guid-ed didactic conversation," falls into the general category ofcommunication theory. Holmberg noted that his theory had explanatoryvalue in relating teaching effectiveness to the impact of feelings ofbelonging and cooperation as well as to the actual exchange of ques-tions, answers, and arguments in mediated communication
Holmberg proposed theory
-
Theory of Interaction and Communication
tag
-
-
www.reddit.com www.reddit.com
-
That's the problem with therapy: The people who really need help are often the onesnot trusting others (as a result of bad experiences)not recognizing they have a problem in the first placebeing too scared to open up (or leave the house)being too exhausted to goless likely to be able to afford it. (That's only an issue in countries without a proper health care system.)
-
-
github.com github.com
-
One thing well. rbenv is concerned solely with switching Ruby versions. It's simple and predictable.
Tags
Annotators
URL
-
- Dec 2019
-
www.maketecheasier.com www.maketecheasier.com
-
And since it’s just a client, you can always use the todo.txt format text file created by it in the very beginning with any other client. Give it a try.
-
-
en.wikisource.org en.wikisource.org
-
(40) Next I inquired, why the Hebrews were called God's chosen people, and discovering that it was only because God had chosen for them a certain strip of territory, where they might live peaceably and at ease, I learnt that the Law revealed by God to Moses was merely the law of the individual Hebrew state, therefore that it was binding on none but Hebrews, and not even on Hebrews after the downfall of their nation.
Divine Law is historically situated
-
-
www.ispf-lab.cnr.it www.ispf-lab.cnr.it
-
Idee uniformi nate appo intieri popoli tra essoloro non conosciuti,debbon’avere un motivo comune di vero.
Tags
Annotators
URL
-
-
-
147 The nature of things is nothing but their coming into being (nasci- mento) at certain times and in certain fashions. Whenever the time and fashion is thus and so, such and not otherwise are the things that come into being.
This principle seems to contradict the previous one: everything is historical!
-
144 Uniform ideas originating among entire peoples unknown to each other must have a common ground of truth.
Unhistorical constants? Curious in Vico for whom everything is historical...
-
-
serverfault.com serverfault.com
-
Types of questions and where to ask: How do I? -- ask on Server Fault (tell them what tags to use -- your product tag at minimum) I got this error, why? -- ask on Server Fault I got this error and I'm sure it's a bug -- report it on your own site I have an idea/request -- report it on your own site Why do you? -- ask in your own community (support forum, etc) When will you? -- ask in your own community
-
-
stackoverflow.com stackoverflow.com
-
Basically, the standard said something, interpreters ignored it because the standard seemed illogical, but now interpreters like Bash have really confusing semantics, and no-one wants to fix it.
-
-
frankensteinvariorum.github.io frankensteinvariorum.github.io
-
I was like the Arabian who had been buried with the dead
In "Sinbad's Fourth Voyage," from One Thousand and One Nights ((c. 1706 – c. 1721), Sinbad is buried alive with his wife's corpse, following local custom. He sees a light, follows it to a small passage, then escapes. Commentators have suggested that Victor's allusion to the story refers to his pending marriage with Elizabeth.
-
Leigh Hunt’s “Rimini.”
The Story of Rimini was composed by Leigh Hunt and published in 1816. The poem is based on Hunt's reading of Paolo and Francesca in hell, famously told in Dante's Inferno (Circle 2, Canto 5). Hunt's version is sympathetic to how the two lovers came together after Francesca was married to Paolo's brother. The lovers were later punished for the fraternal transgression. The poem advocates for compassion for all of humanity.
-
-
-
-
-
-
-
It doesn't use a database (unlike Keepass) and thus doesn't open all passwords at once. Just one at a time. Since it's just a directory of encrypted files, you can access your passwords with any PGP-compatible tool.
-
-
unix.stackexchange.com unix.stackexchange.com
-
Using find and cpio is a more unix-y approach in that you let find do the file selection with all the power that it has, and let cpio do the archiving. It is worth learning this simple use of cpio, as you find it easy to solve problems you bang your ahead against when trying tar.
-
-
hypothes.is hypothes.is
-
"It's awfully late", he warned her
-
-
www.ncbi.nlm.nih.gov www.ncbi.nlm.nih.gov
-
Case histories are presented showing rapid recovery (less than 7 days) from major depression using 125-300 mg of magnesium (as glycinate and taurinate) with each meal and at bedtime. Magnesium was found usually effective for treatment of depression in general use.
Sounds like 500-1200 mg per day (i.e. 125-300 mg four times daily). While 500 mg daily seems fairly normal, 1200 mg is rather high. That dose may require highly bioavailable forms to avoid side effects. I think that this is the study I've been searching for ever since I lost track of it. So far, this is the highest dose of elemental magnesium that I'm aware of being studied.
-
-
blog.logrocket.com blog.logrocket.com
-
By default, fetch() doesn’t provide a way to intercept requests, but it’s not hard to come up with a workaround. You can overwrite the global fetch method and define your own interceptor, like this
-
-
- Nov 2019
-
github.com github.com
-
As Onivim 2 completely handles the rendering layer, this Vim-modelled-as-a-pure-function could focus on just buffer manipulation.
-
It is responsible for
Tags
Annotators
URL
-
-
stackoverflow.com stackoverflow.com
-
It makes sense that the incoherent render would not be committed to browser and that it would not have any consequences most of the time. But that means that you render logic must be ready to manage incoherency between props and states without crashing. E.g. a list of resource ids in props that doesn't match a list of http requests from a previous id list in the state could lead to weird situations. This is a worry that didn't exist in class components.
-
-
-
in Figure 1A,B: (I) The NP reaches the membrane surface via diffusion. (II) The NP diffuses over the water–membrane interface
In fact, in the simulation a potential is applied to drive the particles towards the membrane so neither (I) nor (II) can be described as free diffusion.
-
-
ometer.com ometer.com
-
do something specific and do it well
Tags
Annotators
URL
-
-
github.com github.com
-
Epiphany aims to present the simplest interface possible for a browser. Simple does not necessarily mean less-powerful. The commonly-used browsers of today are too big, buggy, and bloated. Epiphany is a small browser designed for the web: not for mail, newsgroups, file management, instant messaging, or coffeemaking. The UNIX philosophy is to design small tools that do one thing and do it well.
-
-
journals.uair.arizona.edu journals.uair.arizona.edu
-
To optimize learners' experience and the efficacy of learning outcomes, instructors need to consider how technology can offer approaches better suited to adult learning.
This website from University of Arizona provides a list of trends and issues in learning technologies
Rating 9/10
-
-
faculty.londondeanery.ac.uk faculty.londondeanery.ac.uk
-
Teaching and learning methods: opreparing for teaching ofacilitating the integration of knowledge, skills and attitudes oteaching and learning in groups ofacilitating learning and setting ground rules oexplaining ogroup dynamics omanaging the group olectures osmall group teaching methods and discussion techniques oseminars and tutorials ocomputer based teaching and learning – information technology and the World Wide Web ointroducing problem based learning ocase based learning and clinical scenarios
this website is consisted of available resources.
Rating: 9/10
-
-
-
Employers can engage in the creation and classroom integration of tech tools
LINCS.ed.gov is an website initiated in supplying true based practice in adult education.
Rating: 6/10
-
-
www.physiology.org www.physiology.org
-
The main objectives of this article are to present the theoretical evidence for the design and delivery of instructional materials and to provide a practical framework for implementing those theories in the classroom and laboratory.
The American Journal of Physiology. org is an website dedicated to published journals and books of functions of life or living organisms.
Rating: 9/10
-
-
docs.openreferral.org docs.openreferral.org
-
A description field may include HTML elements or Markdown, with special characters escaped or encoded.
For the ASUM Information and Referral project, would we prefer HTML or Markdown? I think HTML would be preferable.
-
-
-
Section 508 compliance is discussed to support instructors knowledge of section 508 and how to begin the process of ensuring instructional content is 508 compliant. Section 508 of the federal Rehabilitation Act governs access of media to all persons whether they have a disability or not. Including captions, audio description, and accessible video players are vital to compliance. Compliance with 508 is necessary given that data that illustrates the percent of employees that have need for accommodations to support their learning. This brief article seems highly related to Universal Design of Learning. Rating: 10/10
-
-
-
Author Douglas Lieberman provides insights into how to use text to improve learning. Suggestions for type of text, volume of text, animations, and graphics are discussed to maximize their usefulness and convey information to learners and/or facilitate discussion among learners. Rating: 6/10
-
-
humanservices.ucdavis.edu humanservices.ucdavis.edu
-
The Northwest Center of Public Health Practice's toolkit title "Effective Adult Learning: A toolkit for teaching adults," is . a highly comprehensive resource for instructional design for adult learning instructors. Sections include course or training design, objectives of adult learning, various tools to help in the process of course design, and brief overviews of adult learning methods and theory. The embedded section review charts make it easier for quick references. Rating: 10/10
-
-
citeseerx.ist.psu.edu citeseerx.ist.psu.edu
-
Drawing from constructivist principles, the authors address how emotions affect motivation and learning for adults. They then provide practical application for instructors to implement to create productive learning environments where adult learners feel safe to explore new knowledge and learn from their experiences.
9/10: while most of the application is to learning in general, the strategies are still applicable to technology in the classroom
-
- Oct 2019
-
ieeexplore.ieee.org ieeexplore.ieee.org
-
) Blockchain MemoryWe let LL be the blockchain mem-ory space, represented as the hastable L:{0,1}256→{0,1}NL:\{0,1\}^{256}\rightarrow \{0, 1\}^{N}, where N≫N \gg 256 and can store sufficiently-large documents. We assume this memory to be tamperproof under the same adversarial model used in Bitcoin and other blockchains. To intuitively explain why such a trusted data-store can be implemented on any blockchain (including Bitcoin), consider the following simplified, albeit inefficient, implementation: A blockchain is a sequence of timestamped transactions, where each transaction includes a variable number of output addresses (each address is a 160-bit number). LL could then be implemented as follows - the first two outputs in a transaction encode the 256-bit memory address pointer, as well as some auxiliary meta-data. The rest of the outputs construct the serialized document. When looking up L[k]L[k], only the most recent transaction is returned, which allows update and delete operations in addition to inserts.
This paragraph explains how blockchain hides one's individual identity and privacy, while giving them a secure way of using the funds. In my opinion lot hacker ransomware are done using block-chain technology coins, this and one more paragraph here is really interesting to read about how blockchain helps protect personal data. and i also related this this hacking and corruption or money laundering
-
-
hypothes.is hypothes.is
-
Get the best Acrylic Moulding and Bending Services by Professional Acrylic LLC
We are one of the best Suppliers for Acrylic Moulding and Bending in Dubai. Our professional and qualified team is very best in doing Moulding and Bending in Acrylic Products. Call our expert to get a free quote.
-
Get Free Quote on Acrylic Moulding and Bending in Dubai| Professional Acrylic LLC
We are the leading Acrylic Bending and Bonding Company in Dubai. We generally perform Bending and Bonding acrylic with a milling method. To know more about this service contact now!
-
Looking for Acrylic Bending and Bonding in Dubai at Professional Acrylic LLC
We are the best suppliers of Acrylic Bending and Bonding in Dubai. Professional Acrylic LLC is expertise in the Bending and Bonding of acrylic products. Our Team is capable of bringing the best result to achieve the goals. Contact us now to get a free quote.
-
Professional Acrylic LLC | Acrylic Moulding and Bending Dubai
To find the best suppliers in Dubai which are good in Acrylic Fabrication, Acrylic Engraving, Acrylic Moulding and Acrylic Stand Suppliers in Dubai? Call our expert now to get a free quote.
Tags
- Acrylic Moulding and Bending Supplier in UAE
- Acrylic Engraving
- Acrylic Bending and Bonding
- Acrylic Moulding and Bending Dubai
- Acrylic Stand Supplier in UAE
- Acrylic Stand Suppliers in Dubai
- Acrylic Moulding and Bending Supplier in Dubai
- Acrylic Sign Board Dubai
- Acrylic Moulding in Dubai
Annotators
URL
-
-
outline.com outline.com
-
A former union boss jailed over receiving a coal exploration licence from his friend, former NSW Labor minister Ian Macdonald, was an "entrepreneur" who found a "willing buyer" in the disgraced politician, a court has heard.
This is a flawed proposition and both misleading and deceptive in relation to the subject matter, considering its prominence in a court media report of proceedings which largely centre on the propriety or otherwise of an approvals process.
Using a market analogy mischaracterises the process involved in seeking and gaining approval for a proposal based on an innovative occupational health and safety concept.
In this case, the Minister was the appropriate authority under the relevant NSW laws.
And while Mr Maitland could indeed be described as a "entrepreneur", the phrase "willing buyer" taken literally in the context of the process to which he was constrained, could contaminate the reader's perception of the process as transactional or necessitating exchange of funds a conventional buyer and seller relationship.
Based on evidence already tendered in open court, it's already known Mr Maitland sought both legal advice on the applicable process as well as guidance by officials and other representatives with whom he necessarily engaged.
But the concept of finding a "willing buyer", taken literally at it's most extreme, could suggest Mr Maitland was presented with multiple approvals processes and to ultimately reach his goal, engaged in a market force-style comparative assessment of the conditions attached to each of these processes to ultimately decide on which approvals process to pursue.
Plainly, this was not the case. Mr Maitland had sought advice on the process and proceeded accordingly.
The only exception that could exist in relation to the availability of alternative processes could be a situation silimilar to the handling of unsolicited proposals by former Premier Barry O'Farrell over casino licenses which were not constrained by any of the regular transparency-related requirements including community engagement, notification or competitive tender.
Again, this situation does not and could not apply to the process applicable to Mr Maitland's proposal.
The misleading concepts introduced from the outset in this article also represent an aggravating feature of the injustice to which Mr Maitland has been subjected.
To be found criminally culpable in a matter involving actions undertaken in an honest belief they were required in a process for which Mr Maitland both sought advice process and then at no stage was told anything that would suggest his understanding of the process was incorrect, contradicts fundamental principles of natural justice.
-
-
journals.sagepub.com journals.sagepub.com
-
Liberal and Conservative Representations of the Good Society: A (Social) Structural Topic Modeling Approach
I chose this article, because it is timely, relevant, easy-to-follow (because it is intuitive), and innovative (using data sources, Twitter, and an innovative method, textual analysis). I hope you enjoy the reading. Please follow my annotations (comments + questions) and respond to the questions I pose. Try to answer them in your own words.
-
-
-
Based on the values of the partition function as well as the difference in time scale between the leakage process and the entry process (seconds or minutes vs nanoseconds), we assume that a steady-state condition is rapidly reached. Therefore, by comparing eq 5 with eq 4, we find that
These words are confusing. If they assume that I(t) is proportional to [GDQ]m then equations 4 and 5 are simply identical with two different notations. I can see no reasonable reason to assume that though.
-
-
-
“Under 'zero tolerance' — which is the reason they are separating families in the first place
"Zero Tolerance" its main goal is to deter and punish at a very high cost the families that are seeking a safe place to live. to send a message to those who are contemplating to come to the US to stop or they will take their children.
-
-
www.awmemorypalace.com www.awmemorypalace.com
-
Chippewas
Source from http://www.geo.msu.edu/extra/geogmich/ojibwe.html.
-
-
outline.com outline.com
-
t's possible to lower an individual's hedonic set-point by inflicting prolonged uncontrolled stress;
like a eustress that empowers and individual
-
- Sep 2019
-
-
c is a constant that depends on
How does it depends on these things? How can the authors compare experimental results to theory without explaining this information?
-
the GQD concentration inside the vesicle and the bilayer
"inside the bilayer" and "inside the vesicle" are two different things.
-
2 to 8
"2 to 8 nm" is a huge range given; the range covered by figure 5 does not extend beyond 2.5 nm. One can guess that the probability of a low density lipid fluctuation extending over 8 nm is essentially zero.
-
biolabeling
Ref 6 (2013) does not demonstrate wide use in biolabelling. It is a synthesis and proof of principle paper. 6 years later, no biologist are using these materials for their imaging needs. However there are tons more of papers about the "emerging" carbon nanomaterials for imaging. The paper has a figure about uptake in cells. It says nothing about the mechanisms of uptake and it is not possible to conclude from the data provided.
-
wound disinfection
Carbonaceous NPs are not widely used in wound disinfection. This 2014 paper propose the idea and doing experiments on bacteria and on mice. It contains very little about interaction of the NPs with cells.
-
cancer therapy
"widely used in cancer therapy" I know that this kind of poetic license is common in scientific writing but it is nevertheless wrong. Carbonaceous NPs have not been used in cancer therapy. Those two references are materials synthesis papers that claim that they could be used in the future for this purpose. Reference 5 is about pegylated graphene oxide which is fundamentally different from anything modelled here (and the PEG is to make it water soluble). Reference 5 also concludes the nanoparticles enter by endocytosis.
-
like drug delivery
Reference 2 is a paper about micron-size particles that can be opened by ultrasounds. It does not have any experiments with membranes nor living things. Reference 3 is mostly a materials synthesis and characterization paper. The little it has about interaction with cells, figure 8 and 9, concludes unambiguously that the particles enter by endocytosis, i.e. nothing to do with the kind of mechanisms modelled in this paper. Reference 4 is about particles which are ~75 nm diameter so very different from the materials modelled in this paper. Like for Ref 3, the paper concludes unambiguously that entry into the cells is by endocytosis (that's even visible from TOC visual abstract).
-
KD is estimated by using the approach outlined in ref
Why are the values of Kd not given anywhere in this paper?
-
Figure 9. Measured GQD leakage from different lipid vesicles. (A) Experimental images of photoluminescence change over a 1 h period. Images were taken every 15 min. White scale bar is 50 μm. (B) Photoluminescence intensity over a 1 h period for GQD-encapsulated vesicles with different lipid compositions is indicated. (C) Comparison of the model’s predictions to the permeability measured from experiment (error bars correspond to one standard deviation).
The partition coefficient tell us that it should be 100% in the membrane (see table 1). Why don't we see any accumulation in the membranes at all?
-
KD of the NP in water/lipid as
Isn't it lipid/water rather than water/lipid? I strongly suspect it is given that in the table Pt is given as 100% for all three "nanoparticles" and C60 has a very high oil/water (eg Kd toluene water ~7.
-
Specifically, a buckminsterfullerene, a curved OH-terminated graphene quantum dot (GQD), and GQD functionalized with two cysteine groups (cys-GQD) were used.(40) This selection covers NPs of similar size but different shape and hydrophilicity
So all of the intro (and title) is a general blurb about nanoparticles going through membranes, but these three examples are tiny hydrophobic objects.
-
ller nanoparticles can instead cross the membrane by passive transport, that is, by displacing, sometimes irreversibly, the lipids or by diffusing in the hydrophobic region of the membrane and then on the other side
This is an extraordinary assertion that is not backed up by references.
-
For particles with the smallest dimension larger than the membrane thickness, approximately above 10–15 nm, the permeation is generally controlled by membrane deformation(23) and endocytosis.(24)
This gives the impression that particles generally permeate. This is contradiction with earlier statements that correctly indicate that they don't.
-
an effective barrier. Nonetheless,
That apparent contradiction is missing a crucial point. What is the proportion of material getting "cytoplasmic access"? The Cell Penetrating Peptides field is a right mess. One thing is sure: most (maybe all) CPPs enter via endocytotic pathways and for any CPP only a tiny proportion reaches the cytosol. My own experience with the TAT-HA2 peptide was not particularly encouraging. Importantly, when "access to the cytosol" is measured by a biological outcome (e.g. transfection or toxicity), this can be achieved by a rare event. In other words, depending on the conditions, efficient transfection (e.g. 75% of cells transfected) can be achieved with very low percentage of particles reaching the cytosol (e.g. 99.9% in endosomes; 0.1% escape).
-
ensing of cellular behavior.(6−10)
Again, all of these papers are chemistry papers describing the synthesis of new materials which, according to their authors, could be useful for deep tissue imaging etc. Some of these are 5+ years old. These are indeed examples of "engineering for applications" but not of applications. Essentially no biologists use these materials for their imaging or sensing needs.
-
led release,(3,5)
-
such as drug delivery,(2−4)
It enables engineering for applications... But it does not enable applications. None of these examples of drug delivery are remotely realistic. These are examples of chemistry papers not of drug delivery applications. The first paper (ref 2) is so far from drug delivery application that it does not even have cell culture experiments (not to mention preclinical or clinical work). Ref 3-4 are also mostly materials synthesis/characterization papers ; they do have some cell uptake/toxicity experiments. Still million miles away from "applications in drug delivery".
-
are especially frustrating in biomedicine. Indeed, recently, there has been a blooming of applications
Is it just me or is there a disconnect, even a contradiction between "especially frustrating" and "blooming of applications"?
-
However, this is not the case for most macromolecules, such as proteins or nanoparticles (NPs), whose hydrophilicity and large size hamper direct diffusion through the membrane lipid bilayer.(1)
Exactly. Nanoparticles large size and hydrophilicity hamper direct diffusion through the membrane bylayer. So far so good.
-
-
outline.com outline.com
-
primary school classroom
Although the author is keeping with the theme of Foucault and using school as an example of this power and control machine, and although they are right and that power is absolutely there its so rash and not progressive thinking tbh....bc though Foucault set out to exhaling power in a non-cloudy ungrounded philosophical way, rooting power in a genealogical history is still deconstruction to a degree rather than material/natural
-
But while the gamification of the classroom through educational software is clearly less physically violent than corporal punishment,
I hate this fear mongering, depressive side to the conversation of new technology, its like maybe if we focused on understanding it and learning about it instead og looking at all the bad "effects" we believe it to have we wouldn't be controlled!!! or maybe this is the false narrative in order to trick us into being controlled even more. To Foucults point this power, especially in story, narrative, words and how their used can have a drastic effect on what we decide to do with this new tech and how we can learn from is naturally, organically.
-
even hope to record and understand how students think and feel.
Hivemind. would only make use more together, equal and free because what would be controlling us was our true nature, and our understanding of ourselves will have come out of our technological advances.
-
new digital tools
New tools, exactly. Stop forcing contingionsouies on them, this is why advancement is so hard because we keep harpooning our old fears and preconceptions of what is nature...when we've already straid so far from it.
-
This shows both the short and long-term effect that intrusion into our private lives can have on perfectly legal activities.
omnipresent power, constantly controlling our lives even if they Aren't there...but how its so deeply ingrained like Foucalts analyst on the Panopticon
Tags
Annotators
URL
-
-
outline.com outline.com
-
Another way to promote surveillance integrity would be to do something analogous to the way media businesses use crowdsourcing to rate everything from doctors to taxi drivers. Along these lines we propose creating a third-party validation of surveillance recordings.
I ike that he is offering actions and solutions ti better this issue and solve some problems attracted
-
After the shooting, the police seized the four recordings of the event and reported that all were blank, even though transit officials had already viewed the shooting.
Well, surveillance will always be corrupted in a state that has institutionalized police and that mechanism of power, to reinforce the ideologies of the bousougie who design the socialization, views and perceived liberty/freedom.
-
Hollow-point bullets are used by law enforcement but illegal in war.
Wtf!?!?!?!?!?!/e2
-
body worn cameras.
my day has security cameras around his house and connected directly to his phone and computer and he also wears a body cam
-
r, individual police
Wonder why this link does not work. Why did ABC take down their pages on "individual police"?
Tags
Annotators
URL
-
-
Local file Local file
-
Recommendation to increase staffing cap
Increased staffing cap to enable NDIA Delegates time to get Plans correct initially
-
-
greensock.com greensock.com
Tags
Annotators
URL
-
- Aug 2019
-
seesparkbox.com seesparkbox.com
-
Though the web has evolved, its methods for training future web developers have not. Sure, the resources are more attractive now. They’re better written and more easily findable. But they continue to be geared toward a very narrow kind of person. They’re generally online, self-guided, impersonal, and novice-unfriendly.
-
-
hypothes.is hypothes.is
-
Centric web solution is the renowned best web development company.
We have a very highly experienced and expert development team who are experts in web design & development.
We provide various services like Wordpress web development, eCommerce web development, Wordpress theme design and plugin development, website maintenance & optimization.
For more our services call us on +91 98587 58541 or visit our website https://www.centricwebsolution.com/.
Our Services Are:-
- Web Design & Development
- WordPress Development
- WooCommerce Development
- Custom Web Application Development
- Website Migration Services
- Website Maintenance & Performance optimization
- Website Plugin and API Development
- Website Store Optimization
- PHP Web Development
- Enterprise Web Application Development
- Laravel Development Services
- Angularjs Development Services
Tags
- Web Design & Development
- WooCommerce Development
- Website Store Optimization
- Laravel Development Services
- Website Migration Services
- Enterprise Web Application Development
- PHP Web Development
- Website Maintenance & Performance optimization
- Custom Web Application Development
- Angularjs Development Services
- Website Plugin and API Development
Annotators
URL
-
-
primarydocuments.ca primarydocuments.ca
-
Section 2 then begins the real ball game, namely everyone has the following fundamental freedom. The one difficulty we had, as a committee, is with Section 2(b). What do we do with freedom of thought when you have got legislation dealing with have propaganda? How far is it possible to retain such articles as Section 281(1) of the Criminal Code and Section 281(2)? Moreover, you will see we have quoted from Article 20 of the United National Covenant of Civil and Political Rights where propaganda of this kind is regarded as inconsistent with freedom of speech. [Page 87] So we raised the question which seemed to me to be necessary to raise with you, that caution must be exercised, we hope, by the courts in due course, or by you, as draftsmen on how far you are prepared to push the concept of free speech consistent with our experience of hate propaganda. One suggestion we make here-and I do not wish to do anything more than to drop it as a hint, but you may want to have some language that some of the modern constitutions have, which state very starkly and flatly that the advocacy of genocide or group libel is forbidden. But I had the honour to be the chairman of the special committee on hate propaganda in 1965. At that time we came to the flat conclusion that the advocacy of group hatred and genocide was totally inconsistent with the democratic process and no democratic state could tolerate it. Now, whether you want to put that flatly in a constitution is for you to consider; but I think it is for us to bring it to your attention, because it is of importance.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(b)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 132.
-
This Committee did not have a parochial view; this Committee does not pretend that the human rights question belongs to any sector of the Canadian people. It belongs to them all. But, peculiarly enough, there are two or three areas where the Jewish interest happens to be special, and in some cases very sensitive. One is the problem of war criminals, and how that relates to certain protections offered by a charter of rights in the criminal law field. Another is the problem of free speech, and how far that affects such things as hate propaganda
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(b)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 131-132.
-
-
primarydocuments.ca primarydocuments.ca
-
We want to make it very clear, first of all, that in principle we support the entrenchment of a bill of rights in the constitution. We want to see the constitution patriated to Canada and we want to see in that constitution an entrenched bill of rights. However, we do have some concerns. We are not altogether happy with all of the bill of rights. in that connection we are, I suppose, in somewhat the same situation as a number of other groups who have appeared before you. For example, we feel that some of the statements are too vague. Having been a part of the preparation of the brief of the Canadian Civil Liberties Association, I can say that I, personally, share some of the concerns that they have in terms of the vagueness of some of the language, and I speak particularly of such words as “fundamental freedoms”, and those kinds of things in which we talk about “natural rights”, et cetera. We would like to see some of these things spelled out. On the question, for example, of freedom of speech, we believe very strongly in freedom of speech, while at the same time, of course, being against censorship. But we would like to see freedom of speech limited only in certain specific ways. In the brief we have indicated, for example, that to a large extent we believe in the doctrine of clear and present danger. We think that freedom of speech should be curtailed where the danger is clear. For example, we have no right to go into a crowded theatre and shout “Fire!” resulting in people being trampled to death as a result of fleeing from a fire which is nonexistent and where there is no danger at all. In a situation like that, obviously, we do not have absolute freedom. But we think this needs to be spelled out a lot more clearly than it is today.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(b)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 131.
-
-
primarydocuments.ca primarydocuments.ca
-
I would like to ask you if you have considered, Ms. Hardy, the notion of freedom of the press as an individual right or collective right? Ms. Hardy: It could be considered both because if you speak of freedom of the press for a newspaper, it includes the whole role of a newspaper in a community as well as the role of an individual reporter or columnist, so that I really feel that there would be no point in having freedom of the press for an individual if you did not have it for the publication for which the individual happened to be working, either perhaps in the electronic media or in the print media. So I would prefer to have it refer to both an individual and collective group. Senator Lapointe: Do you think that editors of papers or radio stations would have to come here also to express their opinion on freedom of the press? Ms. Hardy: We would include them as responsible leaders, presumably in the community, and the value of having responsible leadership is very noticeable now that the Royal Commission on Newspapers is sitting and I think that you have to have the leadership in order to develop followers and principles.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(b)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 130.
-
-
www.designweek.co.uk www.designweek.co.uk
-
Research from Chelsea and Westminster Hospital has found that placing art in the NHS trust has helped to improve patient wellbeing, decrease hospital stays and reduce anxiety, depression and pain.
-
- Jul 2019
-
primarydocuments.ca primarydocuments.ca
-
I want to refer you to Section 2 of the resolution which is a Section on fundamental freedoms. It says: Everyone has the following fundamental freedoms: (a) freedom of conscience and religion, (b) freedom of thought, belief, opinion expression, including freedom of the press and other media of information What I want to ask you is, how do you think the word “everyone” would be interpreted as it pertains to everyone has the following freedoms, the freedom of the press, freedom of other media of information. I want to take you back in this country about four of five years when the government across the way introduced legislation, which I supported, concerning Time magazine and Reader’s Digest, to try and Canadianize the magazine industry in this country. I am wondering whether or not if we were to enshrine Section 2 in the constitution as written, Time magazine or Reader’s Digest could have gone to the courts and said: “We have a consitutional right in this country of freedom of expression and freedom of the press and freedom of information, freedom of the media; therefore, the government of Canada [Page 12] and the Parliament of Canada do not have the right to legislate restrictively against our two organizations.” Could it be interpreted in that way? Ms. Crandall: Mr. Nystrom, I think that is the kind of question which an expert should be asked to answer. This is what we are saying now, We have not had an opportunity to look at all sides of these questions to give you any kind of an answer. Again, I am not trying to be difficult. But that is one of the questions which we would like to ask someone who is knowledgeable. Mr. Nystrom: I appreciate the answer. The reason why I ask the question is that the words “everyone” and “citizens of Canada” are used throughout the resolution. I am not a lawyer myself, but it would seem to imply that these could be given a fairly wide interpretation, and I am concerned that we might have in a constitution something that is restrictive where we could not increase Canadian content. Let me ask you the same question again about the electronic media. There is growing concern that we Canadianize radio, television—and the CRTC is concerned about this, about television programs coming in from the United States. There is talk now about a second CBC network in this country. Again, I want to ask you a similar question pertaining to the electronic media. If everybody has the freedom of expression and freedom of the press and other media of information, in your opinion, or perhaps in the opinion of your colleague, do you think we would be able to do this as a Parliament, where the constitution says we are denying a fundamental right to everyone, perhaps NBC, New York, or ABC somewhere in the United States? Ms. Hardy: I think, Mr. Nystrom, that it is very important. I have served abroad for Canada in the Department of External Affairs, in the public affairs field, and I feel that it is very important that we develop a Canadian culture, that we develop an interest in things Canadian and a pride, and I grant that there are very good programs produced by the electronic media of other countries but I think we should be proud of our own heritage and be proud of what we can do. I have just been at a briefing on plans for CBC 2, Tele Deux, and I am very pleased that this is what may be coming along shortly and I would hope that we would not refuse all foreign media offers to assist us in our cultural development, but I think we should certainly give ourselves the chance to be first in the field and to welcome the opportunity and the pride in our own country and in what we can develop ourselves. This is a continuing subject of interest financially as well as culturally, naturally, and I would hope that the media club, which now covers the electronic media representatives as well as the press, would be in the forefront of assisting in developments if possible. Thank you. [Page 13] Mr. Nystrom: I wonder if you could possibly, if you have time to do a written brief to the Committee, to try and seek some advice on those questions, because I agree fully with you that we have to develop a Canadian culture and of course we need some input from other countries around the world because we are part of the global village, we have to have a Canadian identity and it is very important, and I would be very concerned if the way Section 2 is written that perhaps we could be denied through our constitution the right to develop fully the Canadian culture and pehaps you could look at that. I also wanted to ask your interpretation of a couple of other words in Section 2. I wanted to ask you what you think the interpretation in your opinion would be of other media of information. We have singled out here freedom of belief, opinion, expression, including the freedom of the press. I know what the press is, I think, but what would be the interpretation legally, in your opinion, of other media of information, what would that include? Ms. Hardy: I would expect that that would include the electronic journalism. The press is usually referred to as print media. Media is a very broad term that has had to be used because you cannot just refer to the press now because it covers a number of other representatives who inform, through one source or another, and I think the electronic media has an important place now in our culture because communications in this country is an aspect of helping unify the country, I think, by letting us get to know each other, not only through print but through electronic means.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(b)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 128-130.
-
Thank you, Mr. Joint Chairman, for giving the Media Club the opportunity to before this Special Joint Committee. As you will see from our submission, Media Club is concerned with the profession, therefore concern of members is with the proposed entrenchment in a charter of rights and freedoms of a new Canadian constitution, freedom of the press.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(b)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 128.
-
Mr. Hawkes: There is another conundrum inside your brief, and in contrast to the testimony we had the other day, They wanted to protect the rights of the fetus, your brief clearly says to us: protect the rights of the woman. There is another group involved in the abortion issue and that is medical personnel. Does your association have a position on their right to refuse to participate in any medical procedure, including the procedure of abortion? Dr. Waters: As far as I know, I am just trying to search my memory now, I think the Canadian Medical Association does have a clause in its Code of Ethics that allows physicians to withhold these services in terms of abortion. I do not think any physician can be expected to perform any act that he finds repugnant, and I am quite sure that, again, I am speaking from memory, that the Canadian Medical Association does respect that. Ms. Pelrine: That clause, however, goes on to say that should the physician, because of personal, moral, religious or ethical beliefs, be unable to perform a particular procedure, he or she is obligated to so inform the patient and to refer the patient to another physician who will perform the procedure. I am certainly prepared to accept that Code of the Canadian Medical Association. Mr. Hawkes: Would the freedom of conscience, which is also contained in this charter, be relevant to that issue? Mr. Kellermann: I think that a doctor might argue that he did not want to perform a particular operation or medical treatment of some kind on the basis of freedom of conscience, but that is fine, I do not think that in any way contradicts the position of CARAL, CARAL’s concern is that there be doctors available for the women who want to choose to have an abortion, and as long as that is guaranteed we are not in any way interested in forcing other doctors to involve themselves in that process. They just do not want other doctors standing in the way of women having that right. Ms. Pelrine: And who indeed would want to submit to any medical procedure performed by an unwilling physician?
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 125-126.
-
-
primarydocuments.ca primarydocuments.ca
-
In Section 2(b). that section gives the impression that the freedom of the press and the media is an individual right. Well, in fact, as we have already pointed out in our report, the freedom of the press is merely a mode by which the general freedom of expression is exercised, it is not a right of an individual as such.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(b)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 128.
-
Now, I put to you that no right is absolute; even the right of free speech is qualified in that perhaps for instance, under the Criminal Code you cannot cause a disturbance in a public place, for example, there are many restrictions to keep our society together without having it turn into anarchy or chaos. I suggest to you, because you are critical of the wording later on in general, that rather than deleted Section l, we might come back with a better worded Section I that meets the requirements of more inspiring wording, and meets the requirements that rights in here are more enshrined and less susceptible to court interpretation. Mr. Paisley: Our concern with Section 1 as written is that it would, in our opinion, completely over-ride the rest of the Charter. Without examining the given Section 1 which is envisaged, it is impossible to say whether our concern would be satisfied or not. We simply take the position that if it remains with the rest of the Charter, it would probably be of no effect at all. Mr. Irwin: Many groups have expressed the view which you are expressing, and some have come back and said that it should be made stronger and not so intrusive. I appreciate the difficulty in not having that here now. Mr. Paisley: May I add to what I have said further. We feel that even if there is no Section I, it does not mean to say that [Page 23] there are going to be unqualified or absolute rights. Experience elsewhere with unqualified rights shows that they are in fact qualified by the courts. There is the statement of the courts in the United States to the effect that the right of freedom of speech does not give a person the right to call “fire!” in a crowded theatre. We believe that if you have the right stated in an unqualified fashion it would be interpreted in a reasonable way by the court. That is the reason why we suggest it is unnecessary to have this sort of introductory limitation clause as proposed.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 92-93.
-
-
primarydocuments.ca primarydocuments.ca
-
Senator Austin: Under section 2, where you see Subparagraph (b), reference to freedom of thought, including freedom of the press and other media of information, Minister, is it the intention to in any way enlarge the present rights as they are so indistinctly understood of the press and other media in Canada? Is it, for example, now open to argue as to protection of sources in the hands of journalists and press and electronic media people? [Page 79] Mr. Chrétien: I do not know how the Court will interpret that, but we are dealing here, we are formalizing the guarantee that exists traditionally in this society concerning the freedom of the press and other media. What will be the interpretation of the Court in terms of the sources of information and so on, it would not be for me, I do not know what the Court will decide or if there will be some different circumstances that will have to be analyzed by the Court before rendering a judgment. Senator Austin: Your attempt here was to be neutral? Mr. Chrétien: As tnuch as possible.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(b)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 127-128.
-
Mr. McGrath: I am saying that your charter is meaningless in the light of what is said in Section 1 of Schedule B when you make it subject to the reasonable limits as are generally accepted in a free and democratic society with a parliamentary system of government.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 96.
-
Surely that makes everything that follows redundant because a free and democratic society would have within it in a parliamentary system freedom of conscience and religion. Ours does; it operates under the practices and conventions and traditions of the British Parliamentary System. It seems to me that you have fallen into the same trap here as the Canadian Bill of Rights because you are going to exclude all the very commendable rights and freedoms that you have set out in Section 2 of Schedule B. It either means that they apply or they do not apply. What are the reasonable limits as are generally accepted in a free and democratic society.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 96.
-
I want to ask the Minister in particular about clause one of this proposed Charter of Rights and Freedoms because I suggest that in its present wording it is a gaping hole in the Charter which really makes the alleged rights and freedoms which are supposed to be protected completely illusory; and in fact if this section one is permitted in its present form that in many ways we will be in a worse position in this ggttntry than had this particular Charter not been implement- Mr. Minister, first of all with respect to clause one I would like to ask you who would determine what is generally accepted as a limitation on these rights and freedoms, and what test would they apply? Would it be a numerical test? Mr. Chrétien: It will be the court who will decide. The way I understand the courts to operate, the precedents will determine the next move. It will be the court because we are not giving them other tests than these. Mr. Robinson: How will it be determined what is generally accepted? Will that be in terms of numbers, if the majority of Canadians accept particular limitations? Would this be your understanding of that provision? Mr. Chrétien: I do not want to pass judgment for what the court will say but I do think there is some, as I explained earlier, there is some historical situation, trends in society, that they can measure; whether it be in terms of numbers and so on. Of course, we are putting a charter there for one reason, to protect the minorities against the abuses of the majority. We have improved fantastically over the past 50 or 75 years in Canada in terms of tolerance in our society and so on and they will have the test of what is reasonable in their minds in [Page 28] relation to those rights that are there. I do not see them turning back the clock; it will be in terms of progress and in terms of protection.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 85.
-
Mr. Tassé: That is the test that the Court would have to apply and that is the whole purpose of the Charter of Rights. In fact, when you entrench a charter of rights like this one you are saying that Parliament and the legislature will constrain themselves when they legislate.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 84.
-
we have a Charter of Rights but this text is a limit; it is an indication to the court how to interpret the charter in relation to the different legislation because if you do not put those words there it could lead to all sorts of change by the courts that will not give them any limits of interpretation. As said by my Deputy Minister there is some legislation that has been well established in the Canadian society that are recognized, and we have to make sure that the courts do not destroy all the previous work of the evolution of our society. Otherwise we will be in great legal difficulty, so they will have to apply the test of reasonableness in their decisions. I do think the Charter of Rights has its own limits, as you will find out when you are studying it, section by section.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 85.
-
Mr. Roger Tassé (Q.C., Deputy Minister): In effect, Mr. Chairman, that Section 1 is meant to bring forward the concept that these rights that are spelled out in the Charter, [Page 15] those you have mentioned and the others, Mr. McGrath, are not absolute rights. If you just take, for example, the freedom of expression, there are limits to the freedom of expression that already are spelled out in the Criminal Code and that will continue and should continue when a Charter of Rights like this is entrenched. What the Section is meant to do is to bring that concept not only to the legislatures but also to the judges because in effect the judges when they are faced with cases where government action or parliamentary action, legislative action is being tested and being challenged, in effect they have to decide whether limits, restrictions, that may have been imposed, because again these rights are not absolute, are reasonable ones. That is only what Section 1 is intended to do, that in effect the judges, when there are challenges brought before them, wherein effect people would claim that their rights have been unfairly or unreasonably restricted that in coming to a conclusion when they are so challenged that in effect the courts will have to take for granted that there are some limitations that may well be reasonable and legitimate in the kind of society in which we live.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 84.
-
-
primarydocuments.ca primarydocuments.ca
-
One of the things that concerns me about our deliberation is our tendancy to look to the American experience, both in discussing jurisprudence, and it, concerns me a little because I think we are a unique country and our constitution has got to reflect our unique character. We have the built-in advantage, I think at this stage, as some members opposite have pointed out, of amending to some degree our constitution. We have the advantage of one hundred and some years of history, our own history not the American history, and it seems important to me that somehow we balance in this constitution the problems between individual rights and collective rights, such fundamental freedoms of association and religion.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 127.
-
Professor Magnet: But the jurisprudence in the United States to which you refer arises under a constitutional guarantee to nondiscrimination and also to a constitutional guarantee which prevents the establishment of religion. In this proposed resolution there is no antiestablishment clause, and therefore, it simply reflects the Canadian theory which has been true throughout the history of this country that the basic Confederation pact protects certain denominational reasons. Indeed, you might say establishes, but certainly we would not think an antiestablishment clause would be possible in Canada.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 127.
-
-
primarydocuments.ca primarydocuments.ca
-
Do you think that in Section 2, taking Section 2(b), freedom of thought, belief, and opinion or Section 2(a) freedom of religion, will that protect parties in hospital who have been pressured into assisting an abortion if this is entrenched? Dr. DeVeber: I would hope not. I really cannot answer your question but I would think it is a genuine concern. Miss Campbell: Perhaps you did not quite understand. I was looking for a clause in the Bill of Rights or in the proposal that would allow persons to refuse to assist, and you may have misinterpreted it. Dr. DeVeber: I think that is an excellent idea. I would be in favour of putting that clause in. Miss Campbell: Particularly if Section 1 over-rode any statute. So you could see that freedom of religion perhaps being, or belief that the . . . Dr. DeVeber: I think belief is more important because there are more and more doctors I know who are against abortion on demand, not on religious grounds, but just because they believe it is wrong. So it would be beliefs of any kind. Mr. Cooper: May I make a comment here? When the present Criminal Code, the present abortion law was going through the Justice and Legal Affairs Committee [Page 42] there was an attempt made to insert a conscience clause. Now, the then Minister of Justice, Mr. John Turner, said that this would not be necessary. He could not conceive of any doctor or nurse being required to take part in an abortion. Experience has shown since then that he was dead wrong.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 124-125.
-
Mr. Black: It seems to me that the value of including freedom of conscience as well as freedom of religion is that it makes clear that people can have very deeply held beliefs that they might not call religious beliefs, but which are equally fundamental to them, and using the phrase “freedom of conscience” it gives them rights as well as people who deeply hold religious beliefs. It seems to me that the possibility that the Supreme Court of Canada or any other court would interpret that in a way which would hinder law enforcement is nonexistent. I cannot imagine the court giving it any such interpretation.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 116.
-
You have referred, as other witnesses have, to Section I, which has been pointed out would permit the proclamation of the War Measures Act in the same terms as in 1970, and will permit the internment of Canadians of Japanese origin and the confiscation of their property. Would it be fair to say you would agree with the suggestion of the Canadian Civil Liberties Association that if Section 1 is not rewritten and perhaps if there is not a remedies section—I believe those are the two sections you have pointed out as having perhaps the gratest weaknesses in the proposed charter—and indeed, we would perhaps be better off not giving the Canadian people the illusion that they have certain rights, but rather that we would be better off without this Charter, if those sections are not in fact amended? Mr. Black: The other way in which, perhaps, you could put it, is that if we do not amend the section, Section 1, we would not have an entrenched charter, even if we were to enact this document. Section 1 imposes such severe limitations on the whole concept of an entrenched charter of rights that it has to be removed to give any effective force to entrenchment.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 94-95.
-
Now, it is obvious there can be circumstances in which the rights listed in the Charter would have to give way. In times of serious crisis threatening the existence of the nation, such as invasion, insurrection, large scale natural disaster, a temporary emergency limitation on our fundamental rights might be necessary. This is obvious. In fact, it is so obvious and so widely agreed, that, given the difficulties in drafting an acceptable limitation clause, it might well be wiser to leave one out. We cannot now foresee all the situations that might justify temporary emergency limitations. It might therefore be best to let the courts decide in particular cases when the facts of an emergency are known. However, if there is to be a limitation clause, it must indicate clearly that most contingencies that face the nation are to be dealt with by ordinary means which respect the rights guaranteed in the Charter. It must indicate clearly that limitations are justified only in times of “public emergency which threatens the life of the nation”, and then only “to the extent strictly required by the exigencies of the situation”. Here we use the language of the international Covenant on Civil and Political Rights, Article 4, Section 1, to which Canada is a signatory. We recommend this language to you for your consideration. Further, if there is to be a limitation clause, it must clearly indicate that limitations on the Charter justified by public emergency are temporary. We would argue for the inclusion in a general limitation clause of four subsections, the first requiring prompt Parliamentary authorization of the invocation of special powers under emergency legislation, such as the War Measures Act. Second, requiring regular renewal of this authorization if the powers are not to lapse; Third, allowing a small number of members of either House to force review of the authorization; And fourth, allowing any innocent person damaged under the special powers to seek compensation in a special tribunal.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 93-94.
-
Section 1 of the proposed Charter has come under strong attack and quite deservedly so. At a previous hearing, someone called it the Mack Truck Section. We call it the bathtub section because it makes it much too easy for our leaders and lawmakers to pull the plug on human rights and freedoms and if it is included in the Charter the Charter itself will be worth very little. Section 1 at present says: . . . the rights and freedoms set out in it subject only to such reasonable limits as are generally accepted in a free and democractic society with a Parliamentary system of government. It will be hard to think of any statement more dangerously vague than this. What is meant by reasonable limits and how is this decided and which democractic society and Parliamentary system are we talking about. Such language opens the door to entrenched present injustices merely because they are widely accepted in supposedly free and democratic societies, and moreover ties Canadian law to the laws and customs of other countries over which Canadians have no control; and to me this is most ironic. We are talking about patriating our constitution and while we are doing this we are proposing to be tied to precedents, set in other countries. it is hard to see what this has to do with producing a Canadian constitution or a Canadian Charter.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 93.
-
Our next item deals with Section I which we call the Mack Truck clause because a person could drive one right through it. We do not intend to dwell at length on this section which creates such loopholes in the legislation. Suffice it to say that we join with the continents of the Canadian Advisory Council on the Status of Women, the National Action Committee on the Status of Women, and the Canadian Civil Liberties Association and other groups in condemning Section 1. I would just like to summarize a few of our objections. There are two main points. First, Section I applies at all times, it is not limited to emergency situations. Secondly, the standards of reasonable limits that are generally accepted in a democratic society appears to us to allow virtually any legislation passed by a majority in Parliament or a legislature. Apart from concerns regarding the basic rights and freedoms which we share with other groups, we are concerned that this clause may have the effect of completely negating the protection provided by Section 15 on equality of rights.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 86-87.
-
-
primarydocuments.ca primarydocuments.ca
-
Mr. McGrath: Then how do we avoid getting into the kind of situation which has developed in the United States where, for example, in certain instances, the Lord’s Prayer recited in the classroom has been ruled by the courts to be unconstitutional? I say that as one who comes from a province which has, by law, a denominational system of education which is publicly funded. That law is enshrined in the constitution of Canada by virtue of the terms of union between Newfoundland and [Page 10] Canada, and indeed, is threatened by the provisions of the bill now before us. You have referred to that, though not in a specific way, and I will come back to that later on. Mr. Hammel: But what is the question? Mr. McGrath: The question is: if we are to entrench a Charter of Human Rights in the constitution, how do we avoid the situation whereby the courts of this country will, in fact, be almost in a position of a parallel legislature in terms of defining new laws by the constitution; for example. you could be restricted as to your hiring practices; as to your conduct in the classroom. I have cited the instance in the United States where the recitation of the Lord’s Prayer has, in certain circumstances, been declared unconstitutional. That is a dilemma I find myself in I am very much in favour of fundamental human rights being protected by law, but I have this dilemma. Mr. Hammel: I think whatever approach is taken, whether the statute approach or the Charter of Rights and Freedoms one, I think we simply have to recognize that there are individual rights, and then there are, in our case, organized group rights. In this case, we are dealing with denominational group rights, although, for example, as a Roman Catholic I do not in any way tend to judge anyone’s right to freedom of conscience, I do feel that when he does not abide by what the Roman Catholic religion teaches, then he is no longer a Roman Catholic, and, therefore, does not have the rights of the group. So I think we have to approach it from that particular point of view, that there are certain group rights which are at least equal to, or, perhaps, supreme over some individual rights. I do not think we can simply make it sound as if the individual rights are total.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 126-127.
-
-
primarydocuments.ca primarydocuments.ca
-
Mr. Nystrom: My second and last question, Mr. Chairman, concerns another area where l have admired your organization- the whole question of the conscientious objector. You mentioned this morning, if I heard you correctly, two possibilities: one. enshrining in our constitution that no one should be compelled to take human life against one’s conscience, and you also referred to another option, which is in Federal Republic of Germany, that basically you enshrine that it pertains only to military service. I gather that you prefer the first option, which is more sweeping, that one of you mentioned earlier, the possibility of problems concerning policemen in their work, and firefighters in their work, and getting into the whole abortion controversy and euthanasia and so on. You did mention, I believe, two options: that no one should be compelled to take human life against one’s conscience, and the other option being what is enshrined in the German Republic which, I gather, says the same thing but as it pertains only to military service. Mr. Janzen: We would prefer the more general one in regard to taking human life. Mr. Nystrom: If the Committee or the government in its wisdom did not want to be as sweeping, the second would also cover a very important point, would it not? Mr. Janzen: We would be grateful for what there is.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 124.
-
Mr. Epp: Could I ask you, in page 5, taking your position a little further, you argue that the same rights should be extended to persons working in hospitals, people in the medical field. specifically people who because of conscience cannot accept the taking of life through abortion. Do you feel that the clause that you propose would in fact given them that protection they seek? Mr. Janzen: We are not sure about that. As it stands here we say it might have some implications for that concern, and I think it would suggest something in that direction but we are not sure of that and we have not sought a specific legal opinion. It is a concern to us that we recognize that that is not something on which we have complete clarity. Mr. Epp: Do you have practical demonstration of members of your organization. adherents to your organization of churches that form your constituency. that people have been put into that position, namely of performing medical acts which contravene their conscience and specifically their position that they do not have the right to take life in that form? Mr. Janzen: l do not know of specific personnel from our community. I do know that in the 1977 Badgley report there is [Page 51] some rather strong testimony from doctors and so on who werer subject to considerable pressure and that is the reference for it here.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 123-124.
-
A conscientious objector clause in the Charter might have implications for areas other than military service. People in police work or in medical work sometimes have to face the question of taking human life, too. The areas of euthanasia and abortion are examples but because of technological and other changes the number of areas may increase. In 1969, when the abortion issue was debated in Parliament, along with other amendments to the Criminal Code, it was emphasized that medical personnel would not be forced to be involved with them. Because of this, a conscientious objector clause, which was considered at the time. was viewed as unnecessary, However, the government’s Badgley study of 1977 found that some strong pressures are brought to bear on medical workers. [Page 48] We believe the right to abstain from the taking of human life should be extended in the area of abortion as well.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 122.
-
Mr. W. Janzen (Director General, Ottawa Office, Mennonite Central Committee, Canada): Thank you. This concern is somewhat different than the one which Mr. Nigh has explained. lf that one could be covered with a clause like, “No one shall be compelled against his conscience to take human life,” then the second one might be covered with a simple affirmation of freedom for religion without specifying that it be for individuals or for groups, thus leaving that question to be decided when problems in relation to that arise. As it is worded at the present time in the proposal, it is cast in explicitly individual terms and we are concerned that that might create difficulties which perhaps are not foreseen at the present time or even considered desirable. The written brief refers to several such difficulties and l will not go over that material, but l would say that these difficulties can arise also in relation to communities other than the Amish or Old Order Mennonites or Hutterites which are referred to in the brief. We know that for generations and centuries the phenomenon of people going off unto themselves for religious reasons to live a bit more as a community unto themselves is an experience that has been present in our civilization and probably will be present. and we would like to have that freedom respected. We are a bit concerned that by casting the provision for freedom of religion in individual terms there might be seine difficulties, as explained in the brief. We could go on and talk further about community rights and collective rights and some aspects that relate to the concerns of the native people as well, but I do not think at this point we would want to go into that. I would point out, however, that in a number of other constitutions or bills of rights the provision for freedom of religion is not as individual as it is in the one that is being proposed. I refer to the I960 Canadian Bill of Rights and there is a simple affirmation of freedom for religion without specifying the way it shall apply. The one to which Mr. Nigh has referred also is general on that point. The American constitution, although generally an individualistic document. is general on that point. It does not specify that it is exclusively for individuals and so on. So what we are asking basically is two clauses: one is a clause that would say something to the effect that no one shall be compelled against his conscience to take human life, and the other one would be at simple affirmation of freedom for religion without specifying that it be for individuals or communities, thus leaving that to the wisdom of the legislatures or the courts to deal with those problems as they might arise.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 122-123.
-
Our spiritual forefathers where the anabaptists of western Europe. Over 400 years ago they felt compelled to take a stand against the taking of human life in any form and to many of them it was contrary to their understanding of the teaching of scripture. For their beliefs and practice they suffered cruelly; many died. When our forefathers came to Canada around 200 years ago they appealed for and were promised exemption from military duty. The history of these negotiations which are very much abbreviated are contained in paragraphs on pages 3 and 4 of the brief which you have had in your hands. In World War I, the severe test of these provisions came. In the spring of I918 the German forces made one last gigantic assault on the Western Front and for a while it looked as if the Allied front would break. It was under the stress and desperation of that time that exemptions which had been written through Order in Council by government were cancelled and the young men of our churches had their faith and their convictions severely tested; many served periods in jail. I had hoped to bring along today a very close friend of mine who was my bishop for many years. Mr. B. J. Swalm who is 84 years of age. but he had other commitments and was not able to come. He could articulate his experiences during this war. One thing I remember, while he served as my bishop in the Niagara Area was that when he was visiting our area he would ask me to drive past St. Catharines Jail where he spent several months during World War I. Bishop Swalm was one of the founders of this organization, the Mennonite Central Committee. The experience in World War II was different and here I can speak from personal experience. because I was of draft age at that time and young men of my age were being called into service. My spiritual training and upbringing, church teachings, taught me participation in war was wrong but I had to make a decision at that time that I had to know what I believed personally and I had to make a personal decision. I went through weeks of study and soul-searching which reinforced my teaching and brought me to the decision that I could not take a human life. or be part of a life-taking organization. Now, in the Second World War, because of early representation to government by the leaders of our churches, an alternative service program was developed whereby our young [Page 47] men could serve in non-military forms of service such as reforestation, road-building, fire-fighting, agricultural work and some in ambulance and hospital work on the front lines. As l came through those years and in perspective I have two strong feelings. First of all I have a deep respect for the boys, for the integrity of the boys who were my friends and are still my friends. who did not feel as I and went into military service. and we today wish to acknowledge our deep respect for those who disagree with us in this area. The second was a great appreciation which I also hold today for a country where conscience is recognized and where opportunity was given for alternative forms of service of national value, and service that was helpful to society. I an thankful for a country where the right to be different is recognized: where a minority view does not endanger or dehumanize. So it is for this reason that we feel now in the formulation of a constitution in peaceful times apart from emotional pressures of a wartime society, that we include a clause in the constitution that would recognize the right of conscience that would lead one to abstain from the taking of human life. We are making this presentation today from our own experience and perspective as stated in the brief. which is prepared by Mr. Janzen and which I have briefly summarized. We believe in light of past experience and differences of interpretation and application of past government decisions that a clear and brief. concise statement in the constitution would be helpful and we urge the inclusion of such in the Canadian Charter of Rights and Freedoms. I might just call your attention to the statement that is written in the constitution of the Federal Republic of Germany; “No one may be compelled against his conscience to render war service involving the use of arms.”
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 121-122.
-
-
primarydocuments.ca primarydocuments.ca
-
Mr. McGrath: My question is, does Section 2 of the Charter in any way threaten the tax exempt privileges that you now enjoy as a church, in terms of any question that could be placed before the courts; because freedom of religion means freedom not be exposed to religion in certain circumstances, in other words, no religion in terms of interpretation can be construed as a religion, for the purposes of this section. Mr. Smith: Mr. Chairman, it had not occurred to us that this section would in any way threaten our tax exempt status, at least it had not occurred to me, and I do not see any inherent meaning in this. I think along with other sections of the Charter that the possibility for amendment could indeed threaten any of these sections and thereby affect the question before us.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 118.
-
The Church of Jesus Christ of Latter Day Saints or the “Mormon Church’, is a Christian organization with roots in Canada which go back to the early 1830s. There are at present approximately 85,000 members of the Church in Canada, with congregations in every province and the territories. We deeply appreciate the opportunity to appear before this Committee and to comment on some aspects of the proposed resolution respecting the constitution. At the onset, we wish to make it clear that as a church we take no position on the purely political aspects of the proposed resolution; our members are totally free to think and act according to their own individual wishes on those matters. Believing as we do that churches have a responsibility to provide and safeguard a moral framework in which their members can exercise their beliefs, we wish, however, to address some of the possible moral implications of the resolution. Our basic concerns relate to the potential impact of certain proposals within the resolution on the sanctity and strength of the family, on protection provided by society to women and children, on the relationships between courts and legislatures in making legal policy, and on the inviolability of fundamental freedoms. We can perhaps best illustrate these concerns by examining specific sections of the proposed resolution. In doing so, we wish only to point out concerns, not obvious and totally identifiable dangers. Indeed, it is in the vagueness of the wording of certain portions of the proposed resolution that the [Page 8] greatest dangers lie, because it is impossible to tell exactly what is meant or what was contemplated by the draftsmen. Section 2 of the proposed resolution deals with fundamental freedoms. We applaud the apparent intention of the proposals, believing as we do that “no government can exist in peace, except such laws are framed and held inviolate as will secure to each individual the free exercise of conscience, the right and control of property and the protection of life”. Yet we must admit to an uneasiness about the extent to which the proposed resolution actually safeguards the essential freedom it so laudably espouses. Part V of the proposed resolution provides provedures for amending the constitution, either as a result of legislative resolutions or by referendum. These amending procedures apparently do not ensure that legislative action cannot sweep away those fundamental freedoms outlined in Section 2. We strongly believe that freedom of conscience, religion, thought, belief, opinion, expression, assembly and association must be very carefully safeguarded; subject only to the reasonable restraints commensurate with a democratic society, they must not be subject to the vagaries, no matter how well intentioned, of legislatures. Past history, our own and others, has taught us the need to place them above legislative action. Unless they are safeguarded, it would be possible, at some time in the future, for legislatures to deny them to one group or another in our society. The procedures for amending the constitution must, we submit, pay particular attention to the absolute need to protect those fundamental freedoms mentioned in Section 2 of the proposed resolution.
§2 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 113-114.
-
Section I, which preserves the existing constitutional tradition, must be deleted to fully entrench the Charter. Its meaningless vagueness opens the door to the very abuse to the supremacy of Parliament which the Charter is intended to check. Moreover, special provisions are necessary to instruct judges in the Charter’s interpretation. By deleting Section I of the Charter, there will be removed an obvious peg for argument designed to thwart the Charter’s purposes.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 95.
-
-
primarydocuments.ca primarydocuments.ca
-
I would invite anyone to define what religion means in a comprehensive manner. I think that that term, while we know that certain religions, Judaism, Christianity, Buddhism are religions, there will be many borderline cases where we do not know if those groups are religions or not. But that has not precluded the drafters of this Charter form including religion.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 116.
-
Section I should not govern either Section 14 or Section 15. It is our view that there should be no circumstances where the right to an interpreter, which a deaf, blind or just a deaf person may require in court, should ever be taken away. Why is it either in war or emergency that a deaf-blind person on trial should be denied an interpreter to know what the case is against them. It is too basic and a denial of natural justice. Moreover when should unwarranted discrimination be permitted? At wartime? At peacetime? In the case of an emergency? It is hard to imagine a situation where it is justifiable, and therefore we have recommended, as have other groups, that Section 14 and Section 15 be absolute rights, rights not subject to Section 1. Alternatively, if that point of view is not acceptable to the Committee, it is our submission that the wording in Section I is far, far too broad. You have heard all the arguments before, we can only reiterate them, that Section 1—labelled by some as the Mack truck provision—will in fact make the rest of the Charter of Rights a virtually worthless and impotent means of protecting civil liberties, In particular, the generally accepted view of the public with respect to handicapped persons is that they are often not capable of taking care of themselves, not capable of maintaining a job, not capable of self-sufficiency, and therefore the kinds of laws that I have discussed previously that are discriminatory would be under Section I generally accepted in a free and democratic society, passed by these kinds of Parliaments. And accordingly, if Section 1 remains, and if Section 15 is still subject to it, it is our view that Section 1 must be very narrowly constrained to protect minority rights and in particular, handicapped rights.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 87-88.
-
-
www.christianscience.com www.christianscience.com
-
Knowledge gained from material sense is figuratively represented in Scripture as a tree, bearing the fruits of Knowledge and Truthsin, sickness, and death.
-
-
Tags
Annotators
URL
-
-
primarydocuments.ca primarydocuments.ca
-
Mr. Minister, in view of the many representations by distinguished groups, Civil Liberties Association, Mr. Tarnopolsky, Mr. Fairweather and others, in view of their representation, what I found at least to be persuasive representations, that there were certain rights which should never be derogated from, who in fact did you listen to in arriving at your proposed Clause I, which witnesses did you listen to, which witnesses made a recommendation in line with your proposed Clause I that there should be no derogable rights? Mr. Kaplan: Well, I think the government was influenced even by the witnesses with which it disagreed, and we have tried to reflect in the version the cutting edge that we want in the Charter of Rights, a Charter of Rights and Freedoms that will make a real difference to the Canadian people, and I would not want to indicate that any of the witnesses were ignored because that is not the case. Mr. Robinson: Well, there were certainly a few that were not listened to. Thank you.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 109-110.
-
I wonder, though, why it was thought that the appropriate location for a limitations clause was right at the very beginning of the proposed Charter of Fundamental Rights and Freedoms, and whether you would be prepared to look at the possibility of moving the limitations clause in whatever form we may finally end up with—and naturally, there may be complications, because if there is a preamble in it it would be inappropriate to do this; but if there is no preamble, on the proposed Clause 1, moving the limitations clause to the end of the proposed Charter? In other words, I believe it would be important symbolically, if nothing else, to start out with the list of fundamental freedoms, the mobility rights and a positive statement of what the rights are, and then at the conclusion of the proposed Charter to indicate what limitations might exist on those [Page 26] rights, rather than starting out with limitations and then a statement of rights. Mr. Kaplan: Well, before directly answering the question, I would like to understand that you are suggesting that the difference is symbolic, and that it does not make any real difference. Mr. Robinson: Certainly, I would not argue that there was any difference in substance in the way this will be interpreted, and I am sure your advisers could confirm that. Mr. Kaplan: I do not think there any real difference either. I think it is purely a matter of style. Our view of the matter was that it was more realistic and useful to the reader to see at once that the rights were not absolute, but that they were constrained. That would be made immediately clear to a person consulting the statute without having to read the first 30 sections to find that what was contained in the proposed Clause 1 was 0really not the whole story. It seems to be more honest. Mr. Robinson: Mr. Minister, if it is agreed that there is no difference in substance—and we are talking about a document, a Charter of Rights which, hopefully, would be widely distributed to school children, to Canadians right across the country, and I would suggest there is a certain symbolic value in setting out those rights and then at the conclusion of those rights indicating what the limitations, if any, may exist in respect of them, as is done in the Diefenbaker Bill of Rights, where the rights were enumerated and at the conclusion of the Bill of Rights, there are references, for example to the War Measures Act and to other limiting provisions.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 108-109..
-
-
primarydocuments.ca primarydocuments.ca
-
Mr. Roger Tassé, (Q.C., Deputy Minister, Department of Justice): I think that is an important question you have raised, Mr. Fraser. In effect when you look at the meaning of law, it may mean a number of things and in this context it could mean an Act of Parliament, for example, and we did not want it to be restricted to an Act of Parliament for some of the reasons that have been expressed, and also for another reason that has not been mentioned so far, and that is in effect we wanted also to cover rules of the common law. For example, in the area of libel, defamation. And in many provinces this has not been clarified. There are rules that have just been expressed over time by the courts and we did not want to upset all of this legislation so that is why in effect in French we have used an expression that would embody as well rules of common law that have been established by courts and it could be in the civil law field or in the common law, most probably in the common law, but also would include the statute and include a regulation enacted under an appropriately passed or enacted legislation. Mr. Fraser: So what you are saying, then, is that … Mr. Tassé: Perhaps if I may just expand on what I have just said. For example, if you look at the freedom of expression, the law of defamation, the law of libel imposes some limits on that so we wanted these to continue to have application and we think that they would fit in effect the tests that are set out in Section 1. Mr. Fraser: Well, then, by the same token, so does the law of master and servant, the law of contract and the law of partnership, and a number of other common law notions. [Page 50] Could you foresee a situation where, on the basis of the rights set out in here, you could have a conflict between what are considered laws which stem from the body of case law that has come down over the centuries which could be in conflict with the right that has been set out in the Charter? Mr. Tassé: Well, Mr. Fraser, we do not see these rights or these prescriptions of the Charter to have application in terms of a relationship between individuals. We see them as applying in terms of a relationship between the state and individuals, so I am not sure that in terms of contract laws, unless we were looking at the situation where in fact we are talking of contracts passed between the state, the government, and that might offend a constitutional limitation on some of these rights, then the Charter might be called upon for assistance but if we are just looking at in effect relationships, contractural relationships between individuals, I do not see how the Charter itself could be called upon to assist in resolution of conflicts that may arise. Mr. Fraser: Well, I do not want to take this too far into the realm of theory but individual contracts are constantly formed as a result of discrimination between certain options and certain individuals, and that has always been, within some limitations, an accepted freedom to enter into contract unless there is a specific piece of legislation which forbids it. You can take, for instance, the codes in some of the provinces which now constrain absolute freedom of contract in hiring policies. But I take it that what you are saying is that in the English version when you say “prescribed by law”, that is not just statute law, but is also the common law? Mr. Tassé: Yes. Mr. Fraser: As decided by the cases? Mr. Tassé: Yes. Mr. Fraser: But they could still be challenged if somebody could take the issue to a court and say that that law can no longer be demonstrably justified in a free and democratic society? Mr. Tassé: That is correct. Mr. Fraser: Thank you.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 107-108.
-
what effect does this have on the law contained in the common law and has this been considered? Specifically, and to make it easy, a contract, contracts in their very nature are discriminatory, and I am wondering if this problem has been addressed?
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 106-107.
-
Senator Connolly: Just on that last point, I wonder whether this should not be said, that if Parliament is discussing a piece of legislation which authorizes the making of regulations, it flows from the passing of that piece of legislation that the regulations must be within the four corners of the act, and I suppose the theory is that if Parliament is afraid that something is going to be done under the authority to make regulations which go beyond the act, then I suppose it is up to the parliamentarian at that time to make his objection. Now, you do say, and you did say, if a regulation violates the mother act under which it is made there is recourse to the courts. Your objection to that, I take it, is that it takes too much time and expense and everything else, and I think that is the risk we run in connection with giving the executive a regulation making authority. Mr. Chrétien: And there is too, I would like to say there is, under statutory act procedures there is a revision of all the Orders in Council by Committees of the House and you remember that, but I do think that the principles are the same. We are giving the Canadians some rights and the limits are mentioned in Section I and the courts can intervene and if the rights of the citizens have not been respected in the piece of legislation or any regulation, they are illegal and the court will decide that they do not meet the test that they can be demonstrably justified in a free and democratic society.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 106.
-
The second part of my question, Mr. Chairman, relates to the use of te word law in Section 1. Any limitations must be as the section states prescribed “by law”. My reading of that, and I hope I am wrong, but my reading of that is a regulation of the government could limit in fact any of the rights or freedoms which are contained this proposed Charter. I believe that the word law indeed does include a regulation as it has been defined in Canadian jurisprudence and, Mr. Minister I would hope … Mr. Chrétien: When you talk about regulations … Mr. Robinson: If I can just conclude my question, Mr. Minister, my understanding is that that is the way the law is interpreted, if that is the case then what this is saying is the government, the Cabinet can take away any of these rights, although there is still the recourse to the courts, and I would hope that you would be prepared to look seriously at an amendment which would make it very clear that it is only legislatures or Parliament which could abrogate these very fundamental rights of Canadian citizens? Mr. Chrétien: Yes, but the regution that when we vote any laws in Parliament we always make provisions for regulations, and the regulations that flow from law are part of the law that has been passed, a delegation of authority to the executive to proclaim some regulation that will make possible the law that we pass the enforced, and I think that everything is part of the same law and it will be impossible to—I can look at your suggestion but the principles are the same and if any regulation passed by any government in relation to regulation based on the law, this same test will apply, and the citizens will have the same recourse and I do not see the point unless there are some regulations that could be made outside of the law, but there is not. When you pass an Order in Council, we always have to base our decision on some legal, we need a legal base. Mr. Robinson: There is no debate in Parliament. Mr. Chrétien: But there is a debate in Parliament to authorize the executive branch of the government to do this and do that, otherwise if we are not autorized by Parliament we cannot do that. Perhaps, I do not know, there might be some exception to that rule. Do you know any? Mr. Strayer: No. Mr. Chrétien: I do not. Because if we act without any authority from any law, our action is illegal. So I am not preoccupied with the problem you are raising. [Page 48] Of course, you can always argue in the House we should never give any delegated authority to any Order in Council. Mr. Robinson: No, no. Mr. Chrétien: No, but y could, and say everything has to be approved by Parliament on a daily basis. We could but it would be a hell of a mess. Mr. Robinson: Mr. Minister, I am saying that where there are to be abrogations, that Parliament should discuss that at least.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 105-106.
-
Mr. Minister, Section I as it stands now modifies everything that is contained in the Charter, and I appreciate that there can be difficulties in defining which particular rights should never be abrogated. Would you be prepared to look as a minimum at least at excluding those rights which are contained in the Covenant’? If you look at the Covenant I am sure you would agree that it is not a very comprehensive listing, but at least excluding, for example, the right to protection from cruel and unusual punishment. Would you be prepared to look at those areas which this Committee as a whole could agree upon should be protected from trampling upon at any time? Mr. Chrétien: If you ask me would I be willing to look upon, I can look into that but I do think that why we have proceeded in that way, the technical reason, I will ask my advisor to reply to aspect. Mr. Strayer: Well, any attempt to make a list is going to be arbitrary, I think, even if you look at the international covenant. It is somewhat arbitrary in the rights it says can never be derogated and those which it implies can be derogated. For example, in time of emergency or war it forbids derogation from rights such as rights against discrimination on the basis of race or colour but it allows discrimination, apparently, on the basis of national origin; and one can argue overwhat rights ought to be in theory derogable in times of emergency and ones which might not be, but the approach which we are taking here in the new Section I is to leave that as a matter of judgment in the given situation and it is very hard to imagine any situation, for example, where a court would say that it was, in the words of the section, demonstrably justified in a [Page 47] free and democratic society to use cruel or unusual punishment. Even in time of emergency. Mr. Robinson: Mr. Chairman, I understand the argument that was made, but just to conclude this question with respect to Section 1, I do hope that if the Committee can agree on certain restricted areas which, as you say, should never be, I assume you would agree, never be violated, that the government would be prepared to at least consider a possible amendment to that effect.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 104-105.
-
I wonder if there is a difference in your view in onus between a reasonably justifiable onus on the person before the courts to show that their rights, let us say that the legislatures have not infringed upon the rights of the person, or demonstrably justifiable. To me it seems there might be a heavier onus on the legislature to show they have not. Mr. Chrétien: I have explained this morning the policy of why we have done it, and that it was to find an equilibrium between the rights of the citizens to be protected by the courts and the power of the legislature or Parliament to pass law, and perhaps you are asking me a rather technical question and would you reply to that, Mr. Strayer, please. Mr. Strayer: Mr. Chairman, it was the belief of the drafters that by going to these words demonstrably justified or can be demonstrably justified, it was making it clear that the onus would be on the government, or whoever is trying to justify the action that limited the rights set out in the charter, the onus would be on them to show that the limit which was being imposed not only was reasonable, which was in the first draft, but also that it was justifiable or justified, and in doing that they would have to show that in relation to the situation being dealt with, the limit was justifiable. So whereas before there was no indication as to who had the onus of proving that the limit was reasonable or unreasonable, or whether it was generally accepted or not generally accepted. This seems to put the onus, appears to put the onus on the government that has to try to uphold some kind of limit to the rights set out in the charter. Uphold the legislation or administrative action or whatever it is in question. I might add, Mr. Chairman, that this kind of language was recommended by the Canadian Human Rights Commission. They had two possible drafts, and one of them was very similar to the words in the present proposal, the new proposal. They used words such as prescribed by law as are reasonably justifiable in a free and democratic society. Professor Tarnopolsky, in appearing before the Committee, talked about using words such as restrictions as are prescribed by law and are -necessary for the purposes of a free and democratic society, or he said you could use terms such as demonstrably justifiable or demonstrably necessary, but he said the onus has clearly to be on the one who argues in favour of restrictions, and that apparently is what he thought such language would do, it would put the onus on the person trying to justify the limitation.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 103-104.
-
The idea is that we have to find the proper balance between the protection of individual rights and the legitimate power of any legislative body. You have to respect the fact that there are legislatures and people have been elected there and they should keep some power of legislation.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 102-103.
-
I take it that the purpose of this change was to somewhat reduce the limiting direction to the courts of Canada that this section gives when they interpret the rest of the Charter. I want to explore with you just how far it really goes in making that change in the rules; because “reasonable limits” is the same phrase we have in the previous one, and it is modified by “prescribed by law”. That is number one. That can probably be married off with “parliamentary system of government” which you have in the first effort. Then it goes on to say, as can be demonstrably justified Will, if there is a law passed by Parliament, I think the initial assumption is that it is justified or Parliament would not have done it. [Page 42] Whether the courts will take that view, I do not know. But it seems to me that there is a risk that they will. Then you go on to say: as can be demonstrably justified in a free and democratic society. Well, if a free and democratic society passes a law, what is the difference between the situation that we have here and the one you had in the formal one where you said: generally accepted in a free and democratic society with a parliamentary system of government. My fear is that you have not moved very far in removing the objections of these 19 bodies which have appeared before us, and I would like to have your rationale. Mr. Chrétien: I think we have moved quite far; and, in the case of those who were the main proponents of the change, Professor Tarnopolsky and Mr. Fairweather, it is the text which they have more or less suggested, and they have approved it and commended me on it. This is to make sure that, even if the law were passed—it was a danger before that it was almost impossible for the court to go behind a decision of a Parliament or a legislative assembly; but here, even if the law is passed, there is another test, namely that it can be demonstrably justified in relation to this Charter. So this limited clause narrows the limits of the courts. The first one—and you heard the testimony given here, where there was argument to the effect that it was so limiting in scope as to be almost useless, and we would be caught in the same position as we were in the case of the Bill of Rights of Mr. Diefenbaker which has not in fact been used in the courts. Why have we done it? It was not my initial proposition. I have done it under pressure from the provincial governments. It is a good illustration of trying to get on the right keel and you end up with a situation where it was meaningless. So we went back to the original text. This will permit the courts to appreciate whether legislation passed by the different levels of Parliament and legislative assemblies are in conformity with the Charter. The intention of a Charter is to limit the scope of the legislature and Parliament in relation to the fundamental rights of Canadian citizens.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 101-102.
-
Now, the point is that we heard testimony from some 19 different organizations, I will not name them all but some of their presentations stick in my memory, the Canadian Civil Rights Association, the Canadian Jewish Congress, the Canadian Human Rights Commission, the Canadian Advisory Council on the Status of Women, the National Association of Japanese Canadians, and a good many others, who were concerned about Section 1. While I cannot attempt to summarize with any accuracy what each one said, some of them, at least—and some of the important ones left me with the impression—that this Section 1, as it stood, was so limiting in its impact and force as to destroy—in fact some of them went so far as to say they would just as soon not have the whole thing if Section l was in there: that the limiting character of Section l was so severe as to destroy the effectiveness of the other guarantees in the Charter.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 101.
-
-
primarydocuments.ca primarydocuments.ca
-
Section 1: many witnesses and most members of the Committee have expressed concerns about Section 1 of the Charter of Rights and Freedoms. These concerns basically have to do with the argument that the clause as drafted leaves open the possibility that a great number of limits could be placed upon rights and freedoms in the Charter by the actions of Parliament or a legislature. The purpose of the original draft was to ensure that the people, the legislatures and the courts would not look upon rights as absolute, but would recognize them as subject reasonable limitations. While some believed no limitation clause was necessary, many witnesses agreed such a clause is desirable but argued that a more stringent formulation is necessary. You have received a number of constructive suggestions. I am prepared on behalf of the government to accept an amendment similar to that suggested by Mr. Gordon Fairweather, Chief Commissioner of the Canadian Human Rights Commission and by Professor Walter Tanopolsky, President of the Canadian Civil Liberties Association. The wording I am proposing is designed to make the limitation clause even more stringent than that recommended by Mr. Fairweather and Professor Tarnopolsky. I am proposing that Section I read as follows: The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society, This will ensure that any limit on a right must be not only reasonable and prescribed by law, but must also be shown to be demonstrably justified.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 100-101.
-
-
primarydocuments.ca primarydocuments.ca
-
The second point I wish to make is the very serious reservations we have with the manner in which Section 1 is presently framed. More specifically the phrase: . . . only so such reasonable limits as are generally accepted in a free and democratic society with a parliamentary system of government. Its broadness and vagueness can be interpreted to give the government the licence to invoke, for instance, the War Measures Act or any future emergency powers act. It is our view that rather than limiting the rights of individuals and groups on certain occasions, there should be limits put on the definition of what constitutes an emergency. This principle should in some fashion find expression in the constitution. Also, unless the constitution guarantees that the Bill of Rights is to supersede all past, present and future legislation, then ladies and gentlemen, we believe that you are not only condoning the past, you are preparing the way for history to repeat itself.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 99.
-
Mr. Chairman, I would hope in light of the grave concerns that our witnesses have today about Section 1, that the minister be requested to come back to this committee before December 8, preferably the fifth or sixth or so, earlier in any event, so that we can find out in an objective and non-partisan way what he intends to do about Section 1, whether it is to be left in its present form. The present form reflects not communication and dialogue with groups such as your own; it reflects the views of the provincial premiers of this country. It reflects the findings of the minister in his deliberations across Canada this summer as well as the selfishness of many provincial premiers. I think Section 1 is defective and has to be improved. I cannot presume to be talking for my party, but certainly I am speaking for myself. So, I am very pleased with the forcefulness with which you have made your points.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 92.
-
-
primarydocuments.ca primarydocuments.ca
-
Ms. L. McDonald: I think for reasons similar to what Mr. Fairweather and other witnesses have raised regarding the treatment of Japanese Canadians. It was within my lifetime that married women were thrown out of the Public Service on marriage. The Stella Bliss case shows how unacceptable women in the labour force are if they are pregnant or if they have very young children. We cannot take as generally accepted all of the rights and freedoms that we would want to have. There are still people that would argue that women do not have a right to jobs on the same basis that men have that right. So we would certainly want that to be in there very strongly.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 99.
-
Ms. L. McDonald: The opening section under guarantee of rights and freedoms falls short of the statement of principle we would expect. imprecise wording in the limitations clause could open the way to a variety of interpretations of permitted exceptions. Indeed, the potential for driving a truck through the clause led our participants at the conference to dub it the “Mack truck clause”. Failure to clarify the guaranteed rights and freedoms by removing the limiting clause would render useless subsequent sections. Therefore, NAC proposes that the general limiting clause be deleted. If there have to be restrictions on rights and freedoms in time of war these should be specified as well as those rights and freedoms not to be abridged under any circumstances. NAC recommends that the rights and freedoms not to be abridged under any cirumstances should include at least the right not to be subjected to any cruel and unusual treatment or punishment and the human right to equality in the law.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 98.
-
We surmise that Section 1, at least in part, was included to give Parliament the chance to limit our civil liberties when it is necessary in times of war. apprehended insurrection or other civil emergencies and we suggest that it is in keeping with the democratic traditions of the western world if the limitations that can be placed on our liberties are explicitly spelled out in the charter of rights and not left to something like Section 1. We suggest that Section 1 be reduced to a simple preamble explaining what the charter of rights is intended to accomplish and that Section 29 include a limitation that will come into effect only in times of war or other times of public emergency and that this section ensure a number of aspects. In time of public emergency which threatens the life of the nation so that it is a serious emergency and the existence of which is officially proclaimed, Parliament may authorize that temporary restriction of certain rights and freedoms to the extent strictly required by the exigencies of the situation but in a manner that the other rights and freedoms set out in this charter will be preserved. We also stipulate that there are some freedoms and rights set out in the charter that need never be interfered with no matter how grave the emergency. We recommend that the non-discrimination rights never be tampered with and that there never be any derogation from freedom of conscience and religion, the right to vote and hold office, because there are already protections allowing for the suspension of elections which are found in Section 4. The right to life, liberty and security of the person except when denied by a law duly enacted; the right to being safe from cruel and unusual treatment and punishment; the right to a translator in judicial proceedings should in our view never be suspended because of war or apprehended insurrection, and all the language rights in Sections 16 to 23 need in our view never be suspended because of any kind of civil or martial disability.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 86.
-
-
primarydocuments.ca primarydocuments.ca
-
I wonder if you could confirm that unless this Section is indeed amended that we would in fact be in violation of our requirements under the International Covenant on Civil and Political Rights and indeed, because we have signed the optional protocol, that another state could indeed take us before a tribunal of the United Nations to complain of that violation. Mr. Fairweather: Section 1, indeed that would be my opinion. You put it very well.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 98.
-
We are troubled by the language of Clause 1 which, in its present form, raises fundamental doubts about just how serious the committment is to reform. Those are strong words but you will hear them, I am sure, again and again from witnesses who come before this Committee. The language used departs from that to be found in domestic constitutions of many modern states but what is even more significant is it departs from the European Charter and the international Bill of Rights ratified by Canada, because the language in Clause 1 is unique, it has never been tested. On the other hand, jurisprudence is building up which explains the language of other domestic and international charters. It is in our opinion foolish to turn our backs on a useful body of jurisprudence. As well, the language seems to us to be dangerously broad. We know you will seriously consider recommendations for a more careful wording of Clause 1.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 98.
-
Mr. Fairweather: It is seriously flawed, and I just cannot believe it is going to be the final enunciation of the principle.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 90.
-
My second question relates to Section 1, which I understood at the outset from your remarks to be of considerable concern to you, and I have forgotten your words, but I think you regard the Charter of Rights as seriously flawed, those are the words I recall, in relation to Section 1.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 90.
-
Mr. Robinson: I would also like to ask you with respect to the question that was touched upon by Mr. Epp and also initially raised by yourself, and that is the actions that were taken during and immediately after World War II with respect to Canadians of Japanese origin. Would you indeed confirm that it is at least very possible that under the charter as it is presently worded in view of the fact that it could be argued that that action was “generally accepted” at that time, that that kind of action would indeed be permitted under Section I as it is now worded. Mr. Fairweather: Section I raises that danger.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 90.
-
Mr. Fairweather, what I would like to do from looking at materials that you have provided earlier, is take you to your concern of Section I of the proposed resolution. At the bottom of your presentation as well as in the accompanying documents you stress your concern about Section l. I would like to ask you from your perspective if the clause remains essentially in the form it now appears what are the technical consequences of that clause in relation to the protection of rights and freedoms? Mr. Fairweather: They are so serious that I could not imagine this Committee letting Section l go unamended, That section as drafted would challenge, in my opinion, the rest of the charter, and I suspect somebody is going to be getting an amendment. It is, as I said, turning our backs on the international and national jurisprudence, and it is very broadly drafted. Why we do not use the language that is well accepted now and has been ratified by Canada, for the life of me I have no idea. This is a strong statement but I have strong feelings. I am absolutely committed to the entrenchment and the patriation and the goals. They are wonderful goals for this country at last but why not go for something better. Mr. Epp: From your experience as a Commissioner of the Human Rights Commission, could you give us examples of if this proposed resolution had in fact been in effect with the prohibitions in Section 1, can you give us some specific examples of the restrictions it would have given or caused both to rights and freedoms and also to the Commission? Mr. Fairweather: Yes. One was given last night, if I know correctly, by the Minister of Justice for Canada. It might be that generally accepted standards in this country for mandatory retirement, the anti-discrimination part having to do with age, could be challenged and rendered meaningless as a reform mechanism, because the generally accepted standards now are quite illiberal, if I may use that word in this place. [Page 12] The generally accepted standards for Canada are to push people out at certain ages, I greeted this charter with excitement when I saw that the Government of Canada had included age, but when I see the language of Section 1, I wonder. Another message that surely cannot be forgotten is that the generally accepted standards in Canada in 1940 and 1941 were to take Canadians whose offence was that they were of Japanese origin. In the Wellington Street Archives last night while you were doing something else I went to the festival of the 100th anniversary of the Chinese in Canada. They came to build the railway and I am as shocked as I know senators and members are to remember that people who are enshrined and rightly, in our history were perpetrators of the Chinese Exclusion Act, the Chinese $50 a head tax act. The Chinese people in this country were not allowed to vote in a province I think until after the Second World War. It was Mr. Diefenbaker who gave the Native peoples the right to vote in the late 1950s. I am not saying that a government that follows this one would, but it could, because those were I guess until reform came the accepted standards. This document is to be entrenched, enshrined, as a statement to the people who have their loyalty to Canada. Mr. Epp: Do I understand you correctly, sir, that if the document before us were to be enshrined, entrenched, that an incident like Canadians of Japanese origin and the removal of these people from various parts of Canada, their prohibition of freedoms at that time, that in fact that kind of action would still be possible under the charter in its present form. Mr. Fairweather: I think, Mr. Epp, my duty is to warn you, and I have given some examples, age and these other offensive matters could be put in jeopardy. I am not saying they will but they could. I think most of this charter is really a superb piece of work, but I cannot see why Canada wants to turn its back on accepted international standards and language that has been adjudicated. That is why I am being a bit fussy. It clouds the rest of a noble document.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 89-90.
-
-
primarydocuments.ca primarydocuments.ca
-
Section 1 of the Charter is a very strange article. You have had a lot of comment on it. I do not wish to burden you with repetition. We made two points about it, looking at the first page of our brief, We say that Section I tends to guarantee charter rights, and freedoms, and at the same time provides justification for the suspension of charter rights during an emergency. I have a feeling that the draftsmen, when they drafted Section 1, were torn between two conflicting pressures on them intellectually and practically. The pressures were, how to maintain the theory of parliamentary supremacy when introducing a theory of a charter regime. It was an attempt to find some kind of practical, legal, political equilibrium between a charter regime system, on the one side, and a parliamentary supremacy regime on the other, that Section I represents. But then, when you look at it, it is so great an invitation in language such as, “subject only to such reasonable limits as are generally accepted in a free and democratic society with a Parliamentary system of government”, that any agressively minded lawyer with an aggressively minded government could ride through that series of gates with very little difficulty and find the charter heavily wrecked en route. [Page 86] We feel that is not the way to begin a regime of a charter; it is not the way to start a new system of rights. We solemnly recommend the total elimination of Section 1, because when you go into Section 2 and the rest of the charter you are very specific there. You do not need Section 1. To the extent that you need emergency powers, you will have them. We recommend that in a new article, Article 28(a) at the end of the brief. To the extent that you want to have an equilibrium between a charter regime and parliamentary supremacy, you must accept the fact that, once you introduce a charter regime, parliamentary supremacy is modified for ever to that extent. That is a plain legal and political fact, and you cannot have the best of both worlds, except in an emergency and we provide for an emergency.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 97.
-
Mr. Irwin: Now, you have serious difficulty and a great deal of criticism with Section 1, which says 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits as are generally accepted in a free and democratic society with a Parliamentary system of government. I suggest that if an abuse occurs, then the person who is abused could apply to the courts to see if Parliament has abused that person by legislation and if the courts decide that such abuse has occurred in legislation, and it does not fit in within reasonable limits as are generally accepted in a free and democratic society, then that legislation will be struck down. Mr. Borovoy: The answer to that is yes but the difficulty is the test. If you are talking about that which is generally [Page 26] accepted in a free and democratic society with a parliamentary form of government, you may well be talking about everything that Parliament or the legislatures have said is acceptable and to the extent that you are doing that, then it renders the entire charter a verbal illusion.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 91.
-
In that particular section, you seem to be recommending to the Committee that unless we change Section 1, then in a sense the game was not worth the candle, that the rights that are promised are not delivered. I want to make sure that that is clear to the Committee. Are you suggesting that unless we change Section l, then the resolution with respect to civil rights that is before us is either useless or dangerous or both? The Joint Chairman (Mr. Joyal): Mr. Midanik? Mr. J. S. Midanik (Q.C., Canadian Civil Liberties Association): Yes, that is our position. Not only that you change Section l, but that the rest of the charter be changed along the lines we have indicated because we feel that the rest of the charter itself is also defective in many respects. But the major problem deals with Section I and if any form of Section 1 is kept so that there be some limitation at all, our position is that it should apply only to Section 2 and not to the rest of the charter. In other words, that the specific rights in the Charter not be limited at all by any Section 1, but if there be any specific limitations, they apply to Section 2 and any such limitations might well be delineated more clearly, as contained in a number of the international covenants. So, what we are saying again is that if what you are going to give us is what we have now, what is before us, our position is thanks, but no thanks, we would rather take our chances with what we have.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 90-91.
-
-
primarydocuments.ca primarydocuments.ca
-
Mr. Chairman, the serious structural limitations which occur repeatedly through this bill find first expression in Section 1 of the Charter. The limiting provision of this section is so general as to permit, if not cause, the certain failure of everything which the Charter sets out to achieve. If this is poor [Page 7] drafting, then it must be improved. If, however, it is the clear expression of the will of its creators, then they have a view of entrenchment which we will submit does not find reflection in the popular will of Canadians. If the rights set out in the Charter are subject to the limits stipulated in Section I then Parliament acting alone will always have supremacy over the Charter, effectively denying what the Charter proposes to create—entrenchment.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 93.
-
-
primarydocuments.ca primarydocuments.ca
-
are the limits mentioned in Section 1 whatever may be the individual linguistic rights mentioned elsewhere in the Charter, embarrassing for you as Commissioner of Official Languages. Mr. Yalden: Mr. Chairman, broadly speaking this part of the first section embarrasses me a little, not necessarily as Commissioner of Languages, but as a citizen reading the text, I do not understand it very well. I find it so broad that whatever it says does not represent in my view a requirement for a legislature who should guide the courts very clearly, very explicitly. If it is the case, it seems to me that this section should be more specific, not stricter than it is. I have followed the discussion here in the Committee, and I said several times tonight I am not a lawyer, consequently, I cannot really express a categorical opinion. It is embarrassing for me for very broad reasons. As for the linguistic aspect, would the linguistic rights mentioned in Sections 16 to 23 be affected by this short paragraph? I really could not give you an answer, precisely, because I find these words: subject only to such reasonable limits as are generally accepted in a free democratic society with a parliamentary system of government so vague that I do not know what they mean. If I knew, I would answer you.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 88.
-
-
-
Statewide home values climbed 14 percent over the past year, nearly double the growth rate of U.S. home rates at 8 percent, according to real estate website Zillow. Utah’s household income is rising at 0.4 percent annually, while housing prices are increasing much faster at 3.3 percent, according to the University of Utah’s Kem C. Gardner Policy Institute
Surge in demand leads to competition. Prices remain soaring high while income growth falls far behind.
-
-
www.canlii.org www.canlii.org
-
[21] The Tax Court found that the object, spirit and purpose of section 84.1 was correctly identified in Descarries v. Canada, 2014 TCC 75 (CanLII), [2014] D.T.C. 1081: an anti-avoidance rule “to prevent taxpayers from performing transactions whose goal is to strip a corporation of its surpluses tax-free through the use of a tax-exempt margin or a capital gain exemption.” (reasons, paragraph 67).
-
-
-
Noam Chomsky: One of the most appropriate comments I’ve seen on Trump’s foreign policy appeared in an article in The New Republic written by David Roth, the editor of a sports blog: “The spectacle of expert analysts and thought leaders parsing the actions of a man with no expertise or capacity for analysis is the purest acid satire — but less because of how badly that expert analysis has failed than because of how sincerely misplaced it is … there is nothing here to parse, no hidden meanings or tactical elisions or slow-rolled strategic campaign.” That seems generally accurate. This is a man, after all, who dismisses the information and analyses of his massive intelligence system in favor of what was said this morning on “Fox and Friends,” where everyone tells him how much they love him. With all due skepticism about the quality of intelligence, this is sheer madness considering the stakes.
-
-
en.wikipedia.org en.wikipedia.org
-
ports many programming languages and markup languages, and functions can be added by users with plugins, typically community-built a
test annot
-
- Jun 2019
-
mises-media.s3.amazonaws.com mises-media.s3.amazonaws.com
-
Federal Reserve System
The Federal Reserve System is the central bank of the United States. It was founded by Congress in 1913 to provide the nation with a safer, more flexible, and more stable monetary and financial system.
-
-
hypothes.is hypothes.is
-
In the play Much Ado About Nothing, the concepts of love and romance are concretized in two different forms, represented by the relationship between Claudio and Hero, and the relationship between Beatrice and Benedick. These two couples express their love in contrasting ways, with Claudio and Hero’s relationship representing the more traditional lust filled romance, and that of Beatrice and Benedick representing a much more unconventional relationship. At first, this unconventional romance seems to lack love but in the end, it endures longer than Claudio and Hero’s does. The issue with the latter relationship is that it seems to be forced by tradition and even though there is much love or. lust at the surface of the relationship, it’s substance proves to be quite shallow. This is why trust quickly becomes a major issue. In Beatrice and Benedick’s lackluster relationship, the key factor is that although there seems to be less love in the romantic sense, there is much more thinking which overpowers the emotional aspect. This is why the shallow issues which usually befall a conventional couple are not a problem for Beatrice and Benedick. In a sense, Shakespeare is using irony to make the statement that conventional love, filled only with emotion is what leads to a faulty relationship.
-
- May 2019
-
engl201.opened.ca engl201.opened.ca
-
enginethatistheproblembut,rather,theusersofsearchengineswhoare.Itsuggeststhatwhatismostpopularissimplywhatrisestothetopofthesearchpile
- I wanted to highlight the previous sentence as well, but for some reason it wouldn't let me*
I understand why the author is troubled by the campaign's opinion of "It's not the search engines fault". It makes it seem as if there was nothing that could be done to stop promoting those ideas, and that if something is popular it will just have to be the result at the top.
This can be problematic, as people who were not initially searching that specific phrase may click through to read racist, sexist, homophobic, or biased information (to just name a few) that perpetuates inaccuracies and negative stereotypes. It provides easier access into dangerous thinking built on the foundations of racism, sexism, etc.
If the algorithms are changed or monitored to remove those negative searches, the people exposed to those ideas would decrease, which could help tear down the extreme communities that can build up from them.
While I do understand this view, I also think that system can be helpful too. All the search engine does is reflect the most popular searches, and if negative ideals are what people are searching, then we can become aware and direct their paths to more educational and unbiased sources. It could be interesting to see what would happen if someone clicked on a link that said "Women belong in the kitchen", that led them to results that spoke about equality and feminism.
-