7,242 Matching Annotations
  1. Jul 2019
    1. Maryland lawmakers are considering legislation that would fine some parents $1,000 for a misbehaving school-aged child.

      In Maryland, Lawmakers are considering on fining parents for a misbehaved school-child. This is one example of the many that the writer used. Many states are considering these legislation, but need to figure how effective it will be.

    2. Can fining parents stop their kids from bullying other students?

      A few states have resorted to fining parents of bullies in hope to encourage their kids to stop bullying. Many may agree, but it also raise the question of how effective is it?

    1. Fear of humans as apex predators has landscape-scale impactsfrom mount ain lions to mice (2019)

      Apex predators such as large carnivores can have cascading, landscape-scale impacts across wild-life communities, which could result largely from the fear they inspire, although this has yet to be experimentally demonstrated.

      Humans have supplanted large carnivores as apex predators in many systems, and similarly pervasive impacts may now result from fear of the human ‘superpredator’.

      We conducted a landscape-scale playback experiment demonstrating that the sound of humans speaking generates a landscape of fear with pervasive effects across wildlife communities.

      • Large carnivores avoided human voices and moved more cautiously when hearing humans,
      • medium-sized carnivores became more elusive and reduced foraging.
      • Small mammals evidently benefited, increasing habitat use and foraging.

      Thus, just the sound of a predator can have landscape-scale effects at multiple trophic levels.

      Our results indicate that many of the globally observed impacts on wildlife attributed to anthropogenic activity may be explained by fear of humans.

    1. If all giant viruses turn out to share translation-related genes that are unique to their group, then it would mean they had a large common ancestor, an ancient virus that diversified over time, and it would lend support to the idea that giant viruses started out big and constitute their own domain of life.
    2. That mingling has sparked contentious debate among scientists about when and how giant viruses evolved. All of viral evolution is murky: Different groups of viruses likely had very different origins. Some may have been degenerate “escapees” from cellular genomes, while others descended directly from the primordial soup. “Still others have recombined and exchanged genes so many times in the course of evolution that we will never know where they originally came from,” Fischer said.
    1. 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.

    2. 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..

    1. 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.

    2. 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.

    3. 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.

    4. 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.

    5. 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.

    6. 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.

    7. 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.

    8. 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.

    9. 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.

    1. 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.

    1. 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.

    2. 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.

    1. 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.

    2. 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.

    3. 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.

    1. 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.

    2. 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.

    3. 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.

    4. 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.

    5. 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.

    6. 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.

    1. 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.

    2. 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.

    3. 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.

    1. 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.

    2. 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.

    3. 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.

    4. 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.

    5. 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.

    6. 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.

    1. 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.

    1. 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.

    2. 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.

    3. 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.

    4. 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.

    1. 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.

    1. 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.

    1. 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.

    1. 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.

    1. Orientation Handbook

      Dear all, Please provide us with some feedback on the Orientation Session and this resource by leaving a few annotations for:

      • 1-2 things that you found interesting
      • 1-2 general remarks on any items discussed today
      • 1 question that you still need answered
      • any suggestions relating to the workshop and/ or the Handbook resource

      Thank you very much for your time! We look forward to working with you in the future! Joerdis (and the TC team)

    1. Back at Wood’s home, his granddaughter hopes to own a house someday, likely a year after her baby is born. Wood says he and his wife would help her look for places and pitch in on the down payment if needed. Such family support might be the only way out of doubling up for many in Utah

      Many are not able to afford a house without family support, that is if family support is an option.

    2. but Salt Lake City’s cost of living is 16 percent lower than in Denver, 37 percent lower than Seattle’s and 48 percent under San Francisco’s, according to PayScale. The state — often led personally by Governor Gary Herbert — pitches its advantages well to firms considering relocation, says Joe Vranich, whose consulting firm helps small businesses looking to move. “They will roll out the carpet for you and treat you like a king.” The approach is working. Utah’s “Silicon Slopes”

      Utah's low cost of living attracts tech companies to operate in Utah. This will make more outsiders to relocate to Utah for jobs which can further aggravate the burden of housing shortage and pricing.

    1. It seems to me that in considering the purpose of a subset of the entire series of transactions, Justice Paris had in mind the correct test. As this Court said in MacKay v. Canada, 2008 FCA 105 (CanLII) at paragraph 25: The existence of a bona fide non-tax purpose for a series of transactions does not exclude the possibility that the primary purpose of one or more transactions within the series is to obtain a tax benefit.

      Existence of a bona fide non-tax purpose for a series of transactions does not exclude possibility that the primary purpose of one of the transactions in the series is to obtain a tax benefit.

    1. Here we combined RNA-seq with an in vivo assay to identify the major transcriptional changes that occur in Escherichia coli when inducible synthetic constructs are expressed.
  2. Jun 2019
    1. “I felt like it wasn’t taken care of and it didn’t feel any safer to me and it didn’t feel any safer to (my son),”

      In most cases, many parents in this situation can understand all too well with the safety of their child. According to the school, the case is resolved with a slap on the wrist for the offender. Amy and her son still feels unsafe. Jacob would have to go to school everyday with fear waiting for the next bad thing to happen. Aside from that, parents must also fear the risk of suicide and the mental well being of their child? The result of a case being "resolved."

    1. inequality of exchange

      goods may be of equal value in the market place but are not equal in the minds of the traders.

    2. the doctrine of sunk costs

      when you choose to evaluate the value of an item based on what they can do for you in the future no matter how much value they cost originally.

    3. division of labor

      assigning different tasks to people to improve efficiency.

    1. Search does not merely present pages but structures knowledge, and the results retrieved in a commercial search engine create their own particular material reality. Ranking is itself information that also reflects the political, social, and cultural values of the society that search engine companies operate within, a notion that is often obscured in traditional information science studies. Noble said that Google representatives usually say either that it’s the computer’s fault or that it’s an anomaly they can’t control.

    2. Noble describes entering the term “beautiful,” and shows a screen of pictures of white people. She entered “ugly”, and the results were a racial mix.

    3. She search for “three black teenagers” in 2010, and getting mug shots as the result. Then searched “black girls” in that same year brought the viewer to porn sites.

    4. Noble focuses on degrading stereotypes of women of African descent as a prime example of these prejudices, which translate to overt racism.

    1. Noble describes entering the term “beautiful,” and shows a screen of pictures of white people. She entered “ugly”, and the results were a racial mix.

    2. She search for “three black teenagers” in 2010, and getting mug shots as the result. Then searched “black girls” in that same year brought the viewer to porn sites.

    3. Noble focuses on degrading stereotypes of women of African descent as a prime example of these prejudices, which translate to overt racism.

    4. Search does not merely present pages but structures knowledge, and the results retrieved in a commercial search engine create their own particular material reality. Ranking is itself information that also reflects the political, social, and cultural values of the society that search engine companies operate within, a notion that is often obscured in traditional information science studies. Noble said that Google representatives usually say either that it’s the computer’s fault or that it’s an anomaly they can’t control.

    5. Search does not merely present pages but structures knowledge, and the results retrieved in a commercial search engine create their own particular material reality. Ranking is itself information that also reflects the political, social, and cultural values of the society that search engine companies operate within, a notion that is often obscured in traditional information science studies. Noble said that Google representatives usually say either that it’s the computer’s fault or that it’s an anomaly they can’t control.

    6. Search does not merely present pages but structures knowledge, and the results retrieved in a commercial search engine create their own particular material reality. Ranking is itself information that also reflects the political, social, and cultural values of the society that search engine companies operate within, a notion that is often obscured in traditional information science studies. Noble said that Google representatives usually say either that it’s the computer’s fault or that it’s an anomaly they can’t control.

    1. Noble describes entering the term “beautiful,” and shows a screen of pictures of white people. She entered “ugly”, and the results were a racial mix.

    2. She search for “three black teenagers” in 2010, and getting mug shots as the result. Then searched “black girls” in that same year brought the viewer to porn sites.

    3. Noble focuses on degrading stereotypes of women of African descent as a prime example of these prejudices, which translate to overt racism.

    1. So many people today – and even professional scientists – seem to me like somebody who has seen thousands of trees but has never seen a forest. A knowledge of the historic and philosophical background gives that kind of independence from prejudices of his generation from which most scientists are suffering.

      a nice way to put it

    1. The decision did not favour his financial interests and has been misreported by the journalist. In fact, Mr Petch was pressuring an inexperienced General Manager to attend to an entitlement affecting multiple councillors. The entitlement - reimbursement of legal expenses incurred in legal action initiated by council - is not discretionary, but must be extended to councillors incurring costs in carrying out their civic duties in good faith. The entitlement is explicitly coded in the NSW Local Government Act and NSW Office of Local Government expenses guidelines for serving councillors and Mayor's. No evidence was submitted that the affected councillors had acted in a manner other than "good faith". Therefore the only logical conclusion that could be drawn for delaying the reimbursement

  3. May 2019
    1. this means that you are more likely to be struck by lightning in your lifetime than a Muslim is likely to commit a terrorist attack during that same timespan

      selection of detail and manipulation of data

    2. American Muslims have killed less than 0.0002 percent of those murdered in the USA during this period

      selection of detail

    3. In fact in 2013, it was actually more likely Americans would be killed by a toddler than a terrorist

      selection of detail

    4. How many people did toddlers kill in 2013? Five, all by accidentally shooting a gun

      selection of detail of outlandish statistic to emphasise main point

    5. you actually have a better chance of being killed by a refrigerator falling on you

      selection of detail of outlandish statistic to emphasise main point

    1. sociology as the scientific study of a reality sui generis

      Yeah, Durkheim just got harder on social reality!

    1. Missandei, too, was failed. As one of the only two central people of colour in the entire series, her exit – her fridging, frankly – at the hands of a white woman was nothing short of woeful. She deserved so much more.
    2. And that's not all. In 'The Last of the Starks' alone, the writers stuck two fingers up at Brienne after using her to service Jaime's internal struggle regarding his twisted devotion to Cersei. Then there was Sansa Stark's conversation with The Hound about the abuse she suffered at the hands of Ramsay Bolton, Littlefinger, and Joffrey, and the way in her suffering was, in the words of actor Jessica Chastain, used as "a tool to make a character stronger".
    3. Following Rhaegal's death at the hands of Euron, Dany abandoned all reason to charge at him head on, endangering both herself and her last remaining dragon. Rather than attack from behind at speed, showering the fleet and their men in flames, she acted on impulse. Reason abandoned her.
    4. That also does Jaime a disservice, implying that his love cannot possibly be as great and all-encompassing as Cersei's because she is their mother, and he is merely their father. He remains pragmatic, Cersei is deranged.
    5. there has been one constant throughout: when women experience loss, they lose their minds.
    1. The writing staff on Game of Thrones has always been male-dominated, with only four episodes in the show’s history being credited to female writers. Season eight is written and directed entirely by men (only one woman, Michelle MacLaren, has ever directed Thrones), although there has been at least one woman in the writer’s room, Gursimran Sandhu, this time around.

      These statistics are saddening. Fess up, HBO!

    2. I forgave the show for its cruel treatment of Sansa a season ago, when it became clear that her story was one of survival rather than victimhood. But Thrones rarely passes up an opportunity to remind us of her rapes. It undermines a character who has refused to be beaten or defined by her suffering, especially when, in the latest episode, she credits her abuse for transforming her from a ‘little bird’ into what she is now. As Jessica Chastain pointed out on Twitter, it was Sansa and Sansa alone who transformed herself into the strong and savvy leader she is – not the men who abused and manipulated her. If the writers don’t understand that, how can we trust them to tell Sansa’s story properly?

      Why did people let this go live?

      Because sexism is rampant, and more "allowed" than nazism, I reckon.

    3. To hear Tyrion and Varys – characters who have always been portrayed as egalitarian – say that Jon’s gender would make him a better leader than Daenerys is just depressing.

      This grated on me in S08E04. In a huge way.

    4. In its early years it might have lured in the typical male fantasy crowd with sex, violence and alpha-male characters like Ned and Robb Stark, Robert Baratheon and Jaime Lannister, but before you knew it a woman was on the Iron Throne, her main challenger was also a woman, and Westeros was stuffed full of female assassins, knights, wily politicos and Dame Diana Rigg.
  4. Apr 2019
    1. Marx’s research for Capital included careful study of Justus von Liebig’s work on agricultural chemistry, which he described as “more important for this matter than all the economists put together.”

      Marx was reading Liebig and conceived a "matabolic rift" between capitalist society and nature.

    1. It hardly needs to be added that these new conditions also established the foundation for new and more effective forms of colonial expansion and imperialism, as well as new needs for such expansion, in search of new markets and resources.

      Again, connection between emerging capitalism and imperialism.

    2. This pattern signifies more than is apparent at first glance. It testifies, among other things, to the transformation of social property relations in the heartland of agrarian capitalism, the south and southeast, and the dispossession of small producers, a displaced and migrant population whose destination would typically be London. The growth of London also represents the growing unification not only of the English state but of a national market. That huge city was the hub of English commerce—not only as a major transit point for national and international trade but as a huge consumer of English products, not least its agricultural produce. The growth of London, in other words, in all kinds of ways stands for England’s emerging capitalism, its integrated market—increasingly, a single, unified, and competitive market; its productive agriculture; and its dispossessed population.

      We see this repeated in 18th c. Scotland, but with the dual poles of Edinburgh for finance and Glasgow for trade.

    3. And market dependence was a cause, not a result, of mass proletarianization.

      Strong claim

    4. Unimproved land, land not rendered productive and profitable (such as the lands of indigenous peoples in the Americas), is “waste,” and it is the right, even the duty, of improvers to appropriate it.

      Again the tie in with colonialism / imperialism

    5. the productive and profitable utilization of property, its improvement.

      This also ties into the Georgic ethic. The good landlord is he who has his feet in the soil and is improving it.

    6. New conceptions of property were also being theorized more systematically, most famously in John Locke’s Second Treatise of Government. Chapter 5 of that work is the classic statement of a theory of property based on the principles of improvement.

      This ties into both Malthus and Kames.

    7. It meant, even more fundamentally, new forms and conceptions of property. “Improved” farming, for the enterprising landlord and his prosperous capitalist tenant, ideally required enlarged and concentrated landholdings. It also—and perhaps even more—demanded the elimination of old customs and practices that interfered with the most productive use of land.

      changes in tenancy

    8. Improvement was also a major preoccupation of the Royal Society, which brought together some of England’s most prominent scientists (Isaac Newton and Robert Boyle were both members of the Society) with some of the more forward-looking members of England’s ruling classes—like the philosopher John Locke and his mentor, the first Earl of Shaftesbury, both of whom were keenly interested in agricultural improvement.

      Science and agricultural improvement

    9. so that, for example, some radical thinkers in the nineteenth century might embrace “improvement” in the sense of scientific farming, without its connotation of commercial profit

      I wouldn't be so sure about this separation of science from profit motive.

    10. The word “improve” itself, in its original meaning, did not mean just “making better” in a general sense but literally (based on the old French for “into,” en, and “profit,” pros, or its oblique case, preu) doing something for monetary profit, and especially cultivating land for profit. By the seventeenth century, the word “improver” was firmly fixed in the language to refer to someone who rendered land productive and profitable, especially by enclosing or reclaiming waste. Agricultural “improvement” was by then a well established practice, and in the eighteenth century, in the golden age of agrarian capitalism, “improvement,” in word and deed, came truly into its own.

      Improving for profit

    11. The result was an agrarian sector more productive than any other in history. Landlords and tenants alike became preoccupied with what they called “improvement,” the enhancement of the land’s productivity for profit.

      Again, Scots in the 18th. century were explicitly adopting this language.

    12. This pattern would be reproduced in the colonies, and indeed in post-Independence America, where the independent small farmers who were supposed to be the backbone of a free republic faced, from the beginning, the stark choice of agrarian capitalism: at best, intense self-exploitation, and at worst, dispossession and displacement by larger, more productive enterprises.

      This goes to the question of the relationship between the rise of agrarian capitalism and imperialism.

    13. To meet economic rents in a situation where other potential tenants were competing for the same leases, tenants were compelled to produce cost-effectively, on penalty of dispossession.

      For 18th c. Scots, rather than simply being a member of the same clan and being able to rely on those bonds, tenants now had to be outbid even the members of other clans in order to maintain their access to the land.

    14. The effect of the system of property relations was that many agricultural producers (including prosperous “yeomen”) were market-dependent, not just in the sense that they were obliged to sell produce on the market but in the more fundamental sense that their access to land itself, to the means of production, was mediated by the market.
    15. Landlords had a strong incentive, then, to encourage—and, wherever possible, to compel—their tenants to find ways of increasing their output. In this respect, they were fundamentally different from rentier aristocrats who throughout history have depended for their wealth on squeezing surpluses out of peasants by means of simple coercion, enhancing their powers of surplus extraction not by increasing the productivity of the direct producers but rather by improving their own coercive powers—military, judicial, and political.

      I think we see the same thing in 18th c. Scotland. Landlords are trying to encourage their tenants to maximize yields in order to justify increasing rents. The landlords look to chemists and agriculturalists to help in this effort.

    1. From an economic point of view, this must be one of the oddest projects in the world.. No net gain in floor space for a billion dollar plus privately funded project. This projects exists in one of the most individual economic circumstances in the world. That the CIty of Sydney was unwilling to bend their ridiculous morning Solar Access Plane into Macquarie Park and allow a new tower on Loftus St, leading to this ridiculous FSR swap and wasteful construction... Madness. City of Sydney is the *definition* of champagne socialists. They are too rich, and have too much control over *our* CBD, for a Sydney of 5 million people, not their 250,000 inner city residents.

      Naughty naughty.

    1. Incredibly complicated and expensive build, fitting within severe planning controls. It's too restrictive, the economics of the Sydney CBD must surely be singularly unique.

    1. Being a teenager is hard; there are constant social and emotional pressures that have just been introduced into the life of a middle or high schooler, which combines with puberty to create a ticking time bomb. By looking at the constant exposure to unreasonable expectations smartphones and social media create, we can see that smartphones are leading to an increased level of depression and anxiety in teenagers, an important issue because we need to find a safe way to use smartphones for the furture generations that are growing up with them. Social media is a large part of a majority of young adults life, whether it includes Instagram, Facebook, Snapchat, Twitter, or some combination of these platforms, most kids have some sort of presence online. Sites like Facebook and Instagram provide friends with a snapshot of an event that happened in your life, and people tend to share the positive events online, but this creates a dangerous impact on the person scrolling.​ When teens spend hours scrolling through excluisvely happy posts, it creates an unrealistic expectation for how real life should be. Without context, teenagers often feel as if their own life is not measuring up to all of their happy friends, but real-life will never measure up to the perfect ones expressed online. Picture Picture Furthermore, social media sites create a way for teenagers to seek external validation from likes and comments, but when the reactions online are not perceived as enough it dramatically alters a young adults self-confidence. This leads to the issue of cyberbullying. There are no restrictions on what you can say online, sometimes even annonimously, so often people choose to send negative messages online. Bullying is not a new concept, but with online bullying, there is little to no escape as a smartphone can be with a teenager everywhere, and wherever the smartphone goes the bullying follows.This makes cyberbullying a very effective way to decrease a youth's mental health, in fact, cyberbullying triples the risk of suicide in adolescents, which is already the third leading cause of death for this age group.

  5. Mar 2019
    1. When we burn these fossil fuels, the carbon combines with oxygen to make carbon dioxide. This extra carbon dioxide (and other GHGs like methane) traps more and more heat in our atmosphere.

      How we end up making carbon dioxide

    1. Perhaps, he realized, these viruses don’t actually need to unite their segments in the same host cell. “If theory was saying that this is impossible, maybe the viruses just don’t do it,” he says. “And once we had this stupid idea, testing it was very easy.”

      This is different from the theory of evolution or the theory of electromagnetism. It's a smaller things, like an assumption. Evolution, also in biology, is a more encompassing set of ideas. So the theoretical framework has a hierarchy. Perhaps at the top is a Kuhnian paradigm or a Lakatosian research program.

      Does this hierarchy different between sciences, though? Like, how hard is it to take a new assumption and grow it into a fully-fledged theory? Biology is more complex than physics, with more "facts" and forms to understand. Evolution is different from electromagnetism because it doesn't limit as much. EM clearly prescribes what's possible and what isn't, whereas evolution doesn't make the distinction so clearly.

    1. The cutting edge of informal learning: makers, mobile, and more. This article discusses the features of informal learning and also discuss how it can be 'meaningful' and engaging. Constructivism and constructionism are mentioned though not at length. This may be useful given the limited resources I have but it is not one of the more impressive journal articles I have seen. rating 3/3

    1. I am not familiar with the sponsor, Capterra. This page describes what they consider the best e-learning apps for business. The article seems to have credible citations (such as Gartner). I notice that some of the apps may be limited to individuals whose organizations use a particular LMS. rating 3/5

    1. train and develop your staff with mobile apps I am not sure why the first two components of this page are included, but there is a bulleted list of contexts or applications of mobile apps for e-learning, such as leadership training, onboarding, and integrating interns who are part of the organization. This is interesting but I do not yet know how essential it is.

    1. Gagne's nine events of instruction I am including this page for myself because it is a nice reference back to Gagne's nine events and it gives both an example of each of the events as well as a list of four essential principles. It also includes some of his book titles. rating 4/5

    1. 'You can always tell a person by their shopping,' was one of her mother's favourite maxims. She looked into her shopping basket: individual fruit pies, small salad cream, yoghurt, tomatoes, cat food and a chicken quarter.The cashier suddenly said, 'Make it out to J. Sainsbury PLC.' She was addressing a man who had been poised and waiting to write out a cheque for a few moments. His wife was loading what looked like a gross offish fingers into a cardboard box marked "Whiskas". It was called a division of labour.Jean looked again at her basket and began to feel the familiar feeling of regret that visited her from time to time. Hemmed in be­tween family-size cartons of cornflakes and giant packets of wash­ing-powder, her individual yoghurt seemed to say it all. She looked up towards a plastic bookstand which stood beside the till. A slim glossy hardback caught her eye. The words Cooking for One screamed out from the front cover. Think of all the oriental foods you can get into, her friend had said. He was so traditional after all. Nodding in agreement with her thoughts Jean found herself eye to eye with the blonde woman, who gave her a blank, hard look and handed her what looked like a black plastic ruler with the words "Next customer please" printed on it in bold letters. She turned back to her friend. Jean put the ruler down on the conveyor belt.
    1. Edward Thorndike's three laws of learning. The page does not explain this, but his theories came out in about 1900. His three laws of learning appear to be relevant to our course work. This simple page features black text on a white page. It is brief and it simply describes the three laws of learning. rating 5/5

    1. This page enables one to download the book "How People Learn" for free and allows one to link to related content. This book was not originally written for adult learning but is included here because it is a valuable resource, an entire book provided for free, with immediate relevance to adult learning even if every example, etc. is not based on adult learning. Rating 4/5

    1. This is Bloom's taxonomy of cognitive objectives. I selected this page because it explains both the old and new versions of the taxonomy. When writing instructional objectives for adult learning and training, one should identify the level of learning in Blooms that is needed. This is not the most attractive presentation but it is one of the more thorough ones. rating 4/5

    1. This link is to a three-page PDF that describes Gagne's nine events of instruction, largely in in the form of a graphic. Text is minimized and descriptive text is color coded so it is easy to find underneath the graphic at the top. The layout is simple and easy to follow. A general description of Gagne's work is not part of this page. While this particular presentation does not have personal appeal to me, it is included here due to the quality of the page and because the presentation is more user friendly than most. Rating 4/5

    1. This page is a simply presented list of many learning theories, both popular and less well known. The layout is clean. The pages to which the listed items link are somewhat minimal in nature so this would give a basic tour or overview of the models and would allow viewers to review the names of some of the learning theories. This page does not prioritize learning theories or identify and establish those theories that are the most prominent.

    1. This is one of many pages that lists verbs at various levels of Bloom's old taxonomy (verb lists for the new version are easy to find as well). This one has green bars across the page so may not be best for those who are trying to preserve ink though it is easy and attractive to use if referring to it on the screen. Rating 4/5

    1. such as scope, simplicity, fruitfulness, accuracy

      Theories can be measured according to multiple metrics. The current default appears to be predictive accuracy, but this lists others, such as scope. If theory A predicts better but narrower and theory B predicts worse (in A's domain) but much more broadly, which is a better theory?

      Others might be related to simplicity and whatnot. For example, if a theory is numerical but not explanatory (such as scaling laws or the results of statistical fitting) this theory might be useful but not satisfying.

    2. Like in evolution, the process does not change toward some fixed goal according to some fixed rules, methods or standards, but rather it changes away from the pressures exerted by anomalies on the reigning theory (Kuhn 1962, 170–173). The process of scientific change is eliminative and permissive rather than instructive.

      This is similar to evolution: not guided, but not random. Does this view contradict the idea of progression?

      It also suggests a complex dynamic system that possess path dependence and environmental interaction.

    1. Crucial to understanding the workings of power is an understandingof the nature of power in the fullness of its materiality. To restrict power’sproductivity to the limited domain of the “social,” for example, or tofigure matter as merely an end product rather than an active factor infurther materializations, is to cheat matter out of the fullness of its capacity.

      The nature of power is material as well as social.

  6. Feb 2019
    1. Any local, state or national government, or any political machine, in order to live, must give the people assurance that they can express their will freely and that their votes will be counted. The most powerful machine cannot exist without the support of the people. Political bosses and political machinery can be good, but the minute they cease to express the will of the people, their days are numbered.

      A very powerful sentiment aligned with the US Declaration of Independence.

    1. Writers who continue to support an outmoded concept of the lone writer dissociated from the various niche communities at their disposal will eventually lose touch with the nanosecond speed at which the movement-chemistry wanders and will find their own work and its individually-isolated movement decelerating into turtle-like oblivion
    2. Soon the Data Superhighway will finally once and for all do away with the high-priced middlemen, and artists will reap the benefits of their own hard-earned labor. The distribution formula will radically change from Author - Agent - Publisher - Printer - Distributor - Retailer - Consumer to a more simplified and direct Author (Sender) - Interactive Participant (Receiver)
    1. We refer to a way of life

      I view that through the lens of mindsets; I get there by learning that, when confronted with a life-threatening diagnosis, taking full ownership of the dx can save lives. I map that to strategies for preventing life-threatening diagnoses (think: all the complex, urgent issues about which Douglas Engelbart spoke).

    1. supported the aristocracy, from whom she benefited

      This bothers our modern sensibilities, yet the hirearchy of needs dictates that we don't dismantle social structures that help us survive. Ironically, it's the people who can survive without regard for those structures (i.e., the wealthy and powerful) who often do the dismantling. Or, as my father would say, "don't sh*t where you eat." Unless, of course, you can eat somewhere else...

    2. Most of Astell's discussion of rhetoric is devoted to style,

      Therefore, could we infer that Astell valued "style" as the most important of the five canons of rhetoric?

    3. ou please your selves.

      A phrase that echoes Cavendish, who ponders her inability "Please All" (1), the desire for which kmurphy1 pointed out "hinders the progression of knowledge. Making this realization in the first sentence is remarkably important, for it immediately opens the door to discovery." For Astell and Astell's reader, the focus isn't on pleasing others but the self, and in doing so a woman can see ingeniousness not as an anomaly but as something within her grasp, if she takes the step toward discovery.

    4. communicating

      See Locke's second function of language: "for the communicating of our thoughts to others" (817). Although Locke is skeptical as to language's ability to accurately communicate these thoughts, apart from civic discourse. But Astell is referring here to meaning related to "those Truths."

    1. “In spite of the high cost of rescuing the banks and the rising inequality across society revealed by the recession, the shrinking of the state has continued, led by the vain hope that markets will find a way of bringing a miraculous revival if left to themselves. History has shown that this is the wrong moment for that. Yet the current economic orthodoxy, incapable of explaining the crashes, holds on to an interpretation of how the economy functions that ignores the role of technology and the accumulated learning of the other social sciences. It has taken refuge in increasingly complex mathematical models, as if economics were more closely akin to physics. Worse still, these economists and many of their critics are still waging the ideological battles of the 1960s and 1980s, without realising that we are now in a completely different context—one that has more in common with the 1930s … If the advanced world governments stay on the current austerity path, they will wait forever for the market to do the right thing for growth and social well-being …

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    1. Structural adjustment and its results as another source of wealth transfers to US capitalists in the 1980s

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    Annotators

    1. he same in all nations, and consequently can e

      So while words vary widely and have no direct relation to the ideas they represent, tone is universal. Here we have another claim about the human: it is one who uses tone in a certain way.

    2. ing from what

      This seems like a break from Locke, and possibly even from Hume.

      A hu(man) has things other than ideas running through its mind.

    1. Ecoaxis introduced industrial IoT solution for plastic processing machines which help to improve efficiency, productivity and quality. Our IoT (Internet of Things) gateway helps connect your various plastic processing machines and utilities to capture and securely transfer accurate data to the cloud for advanced analytics.

    1. of nonverbal communication.

      Watzlawick, Bavelas, and Jackson in "The pragmatics of Human communication lists five axioms. The first axiom is "one cannot not communicate" or that every human behavior is a form of communication. Nonverbal communication is its own discipline in communication studies.

    2. the delivery or a speech

      As opposed to Astell's focus on style, could it be argued that Austin most values delivery (performance) of the five canons of rhetoric?

    1. ಅನಾದಿಯಾಗಿ ಪಶು ಪಾಶ ಮಲ ಮಯಾಕರ್ಮಗಳುಂಟಾದರೆ,ಈ ಜಗವನೊಬ್ಬರೂ ಸೃಷ್ಟಿಮಾಡಿದ ಕರ್ತುವಲ್ಲ.ಎಂದೆಂದೂ ಜಗವಿದ್ದಿತ್ತು ನಿತ್ಯವೆನ್ನು.ಎಂದೆಂದೂ ಜಗವಿದ್ದಿತ್ತೆಂಬೆಯಾದರೆ,ಶಿವನ ಸೃಷ್ಟಿ, ಸ್ಥಿತಿ, ಸಂಹಾರ, ಸ್ಥಿರೋಭಾವ, ಅನುಗ್ರಹವೆಂಬಪಂಚಕೃತ್ಯಗಳು ಹುಸಿಯೆಂದೆನ್ನು.ಶಿವನಿಗೆ ಸೃಷ್ಟಿ ಸ್ಥಿತಿ ಸಂಹಾರಾರ್ಥವುಂಟಾದರೆ,ಈ ಜಗತ್ತೆಲ್ಲವೂ ಶಿವನ ನೆನಹು ಮಾತ್ರದಿಂದ ಹುಟ್ಟಿತ್ತಲ್ಲದೆ,ಎಂದೆಂದೂ ಉಂಟೆಂಬುದು ಶೈವ ಪಶುಮತವಲ್ಲದೆ,ವೀರಶೈವರ ಮತವಲ್ಲ.ವೀರಶೈವರ ಮತವೆಂತೆಂದಡೆ:ಘನ ಗಂಬ್ಥೀರ ವಾರಿದ್ಥಿಯೊಳಗೆ ಫೇನತರಂಗಬುದ್ಬುದ ಶೀಕರಾದಿಗಳು ತೋರಿದಡೆ,ಆ ಸಾಗರ ಹೊರಗಾಗಿ ತೋರಬಲ್ಲವೇ?ಆ ಪರಶಿವಸಾಗರದಲ್ಲಿ ತೃಣಾದಿ ಬ್ರಹ್ಮಾಂತವಾದ ದೇಹಿಗಳುಉತ್ಪತ್ತಿಯಾಗಿ ಮತ್ತಲ್ಲಿಯೇ ಅಡಗುತ್ತಿಪ್ಪರು ನೋಡಾ.ಇದು ಕಾರಣ, ಲಿಂಗನಿರ್ಮಿತದಿಂದ ಜಗತ್ತಾಯಿತೆಂದೆ ಕಾಣಾ,ಮಹಾಲಿಂಗಗುರು ಶಿವಸಿದ್ಧೇಶ್ವರ ಪ್ರಭುವೇ.
    1. ಆವ ಜಾತಿಯಲ್ಲಿ ಹುಟ್ಟಿದವನಾದಡಾಗಲಿ,ಶ್ರೀಮಹಾದೇವನ ನೆನೆವಾತನದ್ಥಿಕ ನೋಡಾ.ಆತನಿಂದದ್ಥಿಕ ಕಂಗಳು ತುಂಬಿ ನೋಡುವಾತ.ಆತನಿಂದದ್ಥಿಕ ಕೈಮುಟ್ಟಿ ಪೂಜಿಸುವಾತ.ಅದೆಂತೆಂದಡೆ, ಶಿವಧರ್ಮೇ-``ಲಿಂಗಸ್ಯ ದರ್ಶನಂ ಪುಣ್ಯಂ ದರ್ಶನಾತ್ ಸ್ಪರ್ಶನಂ ಶುಭಂ |ಶಿವಲಿಂಗಂ ಮಹಾಪುಣ್ಯಂ ಸರ್ವದೇವ ನಮಸ್ಕøತಂ |ಯಃ ಸ್ಪøಶೇದಪಿ ಪಾಣಿಭ್ಯಾಂ ನ ಸ ಪಾಪೈಃ ಪರಿಲಿಪ್ಯತೇ ||''ಎಂದುದಾಗಿ,ಅಂತಪ್ಪ ಶಿವಲಿಂಗವನು ಹೆರೆಹಿಂಗದೆ ಅಂಗದ ಮೇಲೆನಿರಂತರ ಧರಿಸಿಕೊಂಡಿಪ್ಪಾತನೆ ಎಲ್ಲರಿಂದದ್ಥಿಕ ನೋಡಾಅಖಂಡೇಶ್ವರಾ.
    1. t must be allowed, that there are certain qualities in objects, which arc fitted by nature to produce those particular feelings.

      The companion piece to the idea that beauty is in the mind of the observer (above): "Beauty is no quality in things themselves: It exists merely in the mind which contemplates them; and each mind perceives a different beauty" (832). Beauty has roots in the object that then evokes the feeling of beauty in the mind.

    2. By this means, his sentiments are perverted; nor have the same beauties and blemishes the same influence upon him, as if he had imposed a proper violence on his imagination, and had for­gotten himself for a moment. So far his taste evi­dently departs from the true standard; and of con­sequence loses all credit and authority

      This is stuffed to the gills with assumptions. And while there is a good deal of boilerplate Enlightenment business going on, Hume also seems to be planting the seeds later authors will reap.

      Hume is requiring of the listener/taster/receiver, which is not new. "You think rap is good because you don't understand 'art' " is a common refrain. The elites have always used exposure to canonical works and forms as a method of discrediting those outside the circle, and have dismissed emerging works and forms as "lowbrow."

      What strikes me about Hume, and perhaps posthumanism (along with Foucault) would find this noteworthy, is that this "violence on" a person is not done by the community, but by the person themself.

    3. pardons twenty absurdities and defects for one elevated or pathetic stroke.

      I feel like this is where I live -- thank you for noticing me Hume

    4. each mind perceives a differentbeauty.

    1. Speech and thought arc inseparable, in Vico'., view: They evolve together.

      True and not true. I cannot speak a thought to someone else unless I have a word for it. However, I do have thoughts that as yet do not have words. Do we get stuck on thoughts, however, unable to progress onto a successive thought, if the current thought has no name? I don't know, but I think it's an interesting concept to mull over. And, once again, calls to mind the movie Arrival.

    2. \·e11.m.\· c·o1111111111i

      Oxford reference: "Not common sense in its ordinary meaning, but in Aristotle (De Anima, II, 1–2) and following him Aquinas and others, a central cognitive function that integrates and monitors the delivery of the other distinct senses, as when a shape is both seen and felt."

      Kant discusses this concept extensively, but his definition is closer to "common sense" than Aristotle's.

    1. I Know not how to Please All, t

      The innate desire to please everyone hinders the progression of knowledge. Making this realization in the first sentence is remarkably important, for it immediately opens the door to discovery.

    2. there being a Large Market-place, you may stand or sit with Ease and hear the Orations that are there Spoken

      The marketplace of ideas! This free flow of ideas nurtured democracy in ancient Greece, specifically in the "Agora," the center of the city-state of Athens.

    1. He that has complex ideas, without particular names for them, would be in no better case than a bookseller, who had in his warehouse volumes that lay there unbound, and without titles, which he could therefore make known to others only by showing the loose sheets, and communicate them only by tale.

      Part of demonstrating knowledge has to do with the organization of thoughts. What good does it do if one's thoughts remain undeveloped and in disarray? The goal should be to not only generate knowledge, but to translate this knowledge in an organized and accessible form.

    2. Without this, men fill one another's heads with noise and sounds;

      Alluding to the Transactional Model of Communication, noise can external (e.g. words, sounds) or internal (e.g. anxiety, distraction). Noise is a barrier to clear communication, which in this sense, inhibits the progression of knowledge.

    3. Vico, Sheridan, and Campbell, as well as a number of philosophers, pursued Locke's suggestive but incomplete account of the relation-ship of language and knowledge, though never far enough to link rhetoric explicitly with the process of creating "true" knowledge. T

      We stand on the shoulders of academics who have come before us. Although Locke's work may have been "incomplete" or a starting point, his work initiated this pursuit and paved the way for future scholars.

    1. three days

      I read that the average number of days in a cold snap has declined from 6 to 2 over the past 100 years (National Climate Assessment).

  7. Jan 2019
    1. My argument is that today the critical posthumanities are emergingas post-disciplinary discursive fronts not only around the edges ofthe classical disciplines but also as o

      What if we view the posthumanities as it's own evolutionary process? Much like the "Dawn of Humanity" film explained with human evolution, the posthumanities could be seen as evolving as a braided stream alongside the classical disciplines.

  8. www.at-the-intersection.com www.at-the-intersection.com
    1. no, you know, that is kind of the holy grail for every retail trader.

      trading algorithms

    2. no, and I was talking to her at the meetup and find it very useful to see all my accounts on these three exchanges on one screen. I don't want to have to log in to each one separately and keep track of how much coins I have on each. I would rather see this on one screen every morning. I pull up the screen easy to see. I don't necessarily need to trade from that screen, but I can just an idea of what holdings I have because I'm constantly rebalancing.
    3. o I can't be pulling up my internet browser on my phone and loading the desktop version and some of these charts or some of these apps I need the mobile.
    4. An example would be three commas, my main use case for it has been the market orders
    1. Beware lest ye contend with anyone, nay, strive to make him aware of the truth with kindly manner and most convincing exhortation. If your hearer respond, he will have responded to his own behoof, and if not, turn ye away from him, and set your faces towards God’s sacred Court, the seat of resplendent holiness.
    1. We must have an agency of the federal government to pMtett it.

      Is a federal government, and a federal government alone, enough to do such a thing? I mean, look at what happened to the Library of Alexandria. I still get pissed off thinking about that. And is it even a good idea in the first place to let them have that responsibility? I can't help but think of all of the instances in which governments have been directly responsible for mass destructions of literature. There's an entire Wikipedia page dedicated to historical book burning events, https://en.wikipedia.org/wiki/List_of_book-burning_incidents, and a large majority of these noteworthy burnings were done at the will of the government. What would happen if we were to give them too much agency in this matter? Is it a good idea for governments to have the final say in the well-being of our literature? How can we trust them to decide what is and isn't worth protecting?

    2. o one, or almost no one, fads to beheve 1n climate chan~Je out of sincere ignorance. Ttiey •choose-to d1sbeheve either for material gain or 1ust to be dicks.

      "If people were more aware of x, then they would realize they're wrong about y, and they would do z" is a line that is constantly repeated in my WGST classes, and I always look like an asshole when I argue that that's not how things work.

    3. To doubt Blum was to doubt the traditional edu-cational system and therefore the entire society. Nobody wanted to do it.

      This is the politics of ignorance at play. If you acknowledge that there is a problem, you must then address that problem. You must do something about that problem. If you don't want to do something, then you will choose not to acknowledge that there is a problem.

    1. It is the story that hid my humanity from me

      i.e. one story's version of being human compared to another.Similar to what I was saying in the prior paragraph.

    2. f to do thatis human, if that's what it tak§, tnen I am a human being after all. 'Fully, freely, gladly, for tneficst time.

      This brings us back to the point that the definition of human is similar to the definition of rhetoric. The more you try to define either, the more confusing and exclusionary each can get. Just like rhetoric, there is no one way to define human, but instead you stack all definitions on top of each other, without one superseding the others. The definitions are also situational, like Le Guin being human by this definition, but not by the previous one about killing.