University of Victoria Journals
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Petrowest, Paramountcy, and the Single Proceeding Model
No full textThe single proceeding model (“SPM”) in insolvency law seeks to make insolvency proceedings faster and more efficient by concentrating claims related to one insolvency into one single legal proceeding. The SPM is not explicitly included in Canada’s two federal insolvency statutes, the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act, but is instead a principle that courts have developed through case law and justified through provisions that give judges discretionary power in insolvency proceedings. However, the SPM occasionally conflicts with provincial legislation. This notably occurred in the Supreme Court of Canada case Peace River Hydro Partners v Petrowest Corp where British Columbia’s Arbitration Act collided with the single proceeding model. Instead of applying paramountcy to have the federal insolvency statute prevail over the Arbitration Act, the Supreme Court of Canada sidestepped the issue by interpreting the Arbitration Act in a manner that avoided any conflict between the Arbitration Act and the SPM, but also allowed them to follow the SPM. This is not an isolated incident as other courts have also avoided applying paramountcy when using the SPM as a justification for overriding provincial legislation. This paper argues that this approach is unsustainable in the long term and eventually the courts will have to rely on paramountcy to implement the SPM in a scenario where the SPM conflicts with provincial legislation. In the context of the Bankruptcy and Insolvency Act, the SPM would likely not prevail as the two provisions used to implement it, sections 183(1) and 243, have been interpreted in a manner that make their success in a paramountcy analysis questionable. The paper concludes by arguing that codification of the SPM would be desirable to ensure that the single proceeding model would prevail in a paramountcy analysis
Chinese Canadian Masculinity During the Exclusion Era
No full textThis paper examines how Chinese Canadian men reconstructed ideas and expressions of masculinity in response to the unique pressures of the Chinese exclusion era, defined by the Chinese Headtax and Chinese Exclusion Act. The consequences of anti-Chinese legislation, discourse, and beliefs created a unique environment for Chinese communities in Canada, with few women, limited access to jobs, and oppressive stereotypes. During this time, dominant Canadian culture attempted to isolate Chinese Canadian men from the ideals of hegemonic masculinity. However, these men transformed cultural and social practices to create a distinct Chinese Canadian masculinity and assert manhood within their communities and the larger nation. These assertions included the embodiment of both Western and Chinese ideals of masculine appearance, which allowed men of Chinese heritage to project manhood within society. They also reorganized gendered roles, finding economic success and social respectability through domestic and traditionally feminine labour as exemplified by the prominence of Chinese owned laundries and restaurants during this time. Furthermore, these communities reassigned meaning to interpersonal relationships by placing new significance on homosocial bonds and redefining heterosexual relationship dynamics. The evidence presented argues that Chinese Canadian men resisted Canada’s attempts to emasculate them by reimagining community structures and creating new gender ideals that suited Chinese Canadian life
Crises, Scapegoating, and Anti-Chinese Racism
No full textThis article takes a historicizing and structural approach to anti-Chinese racism, a stream of anti-Asian racism, understood as a system of meaning making for power advantages in changing contexts (Hall 2021[1997]). Based on textual data, observations, and interviews and drawing on literature on scapegoat racism and the sacrificial politics of threat and security (Girard 2021[1977]), it advances the following arguments: first, current discussions about anti-Asian racism are often narrowly focused on individual acts of hateful attacks, overlooking the anti- Chinese scapegoating discourse that is at the root of discriminatory and hostile treatment of the Chinese, particularly those with Mainland Chinese background. Second, the anti-Chinese scapegoating discourse has revived the anti-Communist Sinophobia during the Cold War with exaggerated claims about the threat of China and perceives the “Bad Chinese” in the Chinese diaspora as threats to Canada. Third, the anti-Chinese scapegoating discourse not only fuels racist and discriminatory treatment of the Chinese, it also diverts our attention away from serious issues in Canada that do not have much to do with China or the Chinese diaspora
Responding to Anti-Asian Racism through community organizing - ACT2EndRacism National Network
No full text2020-2021 was an unprecedented time from multiple dimensions. Unprecedented due to a major global pandemic, shifting political landscapes, and also to the marked convergence of all forms of racial discrimination and injustices in Canada. We saw the rise of anti-Asian racism in blatant, deliberate and hateful ways impacting both the physical safety as well as the social and mental well-beings of Canadians of Asian descent
An Intersectional and Transnational Feminist Perspective: Reflections on Loving Sister’s Coverage of anti-Asian Racism and Thoughts on How to Address it
No full textSince the COVID-19 pandemic started, the persisting but usually inconspicuous anti-Asian racism has become salient and Asians in North America have been subjected to aggressions from racial slurs to violent physical attacks, some of which were fatal. Loving Sister (www.lovingsister.com), a mission-driven, independent, not-for-profit news and commentary website, which aims to help build an equitable and inclusive world since its foundation in 2012, has paid close attention to this troubling social phenomenon and its root cause. Loving Sister’s coverage draws upon an intersectional and transnational feminist perspective. Particularly, Loving Sister’s editorial interest and content have been shaped by the lived experiences of women of color, especially those who are members of the Chinese diaspora
Clues About Conducting Research With Children: Microethical Moments in an Interviewing Experience
No full textThis article reflects on the process of constructing and conducting interviews with children, emphasizing the microethical moments that arise, explored through two theoretical-methodological “clues.” It examines the ethical challenges and tensions inherent in research shaped by adult-centric and developmentalist logics. We present strategies to address these limitations, including recognizing children as active subjects, using a registry of informed agreement in video format, engaging in joint negotiation, employing chat-interviews, and encouraging the use of drawing. Through an “epistemological vigilance,” the study advocates for a balance between protecting children and ensuring their meaningful participation, contributing to ethical practices in research involving children
Exploration of Nereocystis luetkeana restoration in the Salish Sea: analysis of spore and gametophyte settled substrates to inform best techniques
No full textCanopy-forming kelp forests are vital to the marine environment, providing habitat and essential ecosystem services. However, Nereocystis luetkeana (bull kelp), the primary canopy kelp in the Salish Sea, has experienced significant declines in recent decades. Restoration efforts are urgently needed, but in this developing field, best practices are still being refined. In collaboration with Vital Kelp, a restoration company on the Sunshine Coast, this project evaluated and compared cultivation and out planting techniques. Two seeding methods (spore-settled and fragmented gametophyte sprayed) were applied to four substrate types: twine, clay tiles, green gravel, and polypropylene grid mesh. Successful settlement did not occur on the green gravel or clay tiles for either method. Kelp successfully settled on polypropylene twine and grid mesh, which were subsequently out planted at Ole’s Cove for further monitoring. Sporophyte recruitment was observed on the twine substrate for both seeding methods, but only the spore-settled grid mesh. This suggests that twine may be the most versatile and best substrate to work with. Additionally, performance of the seeding method may be influenced by the substrate type, with the gametophyte twine having a higher density and only the spore mesh exhibiting recruitment. However, none of these suggestions could be statistically concluded due to the limited dataset. Future kelp restoration efforts should prioritize exploring gametophyte-based approaches, as their potential for genetic preservation, selective breeding, and large-scale restoration, outweighs the benefits of traditional spore seeding methods
Rippon Creek Restoration Initiative
No full textThe Maxwell Creek Watershed on Salt Spring Island has experienced significant anthropogenic pressures including logging, wetland drainage for agriculture and road construction. Rippon Creek is one of the three main streams in the watershed. Restoration of ecological functions in Rippon Creek is important to improve water quality in Maxwell Lake, which is a major source of drinking water on Salt Spring Island. The goals of restoration include reducing water velocity in Rippon Creek, the associated erosion and sediment loading, increasing soil moisture and improving habitat conditions. To achieve these outcomes, it requires building relationships and getting buy-in from local organizations, landowners and government agencies. A primary focus of this process was applying for a Section 11 Permit to be granted permission from the Province of BC to do works in Rippon Creek. Unfortunately, due to permitting delays and evolving priorities of partner organizations, this project was not carried out as originally planned. Due to the complexity of coordinating with several stakeholders, a longterm, adaptive management approach is needed to achieve project goals and carry out restoration in this watershed