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Has the application of section 217.1 of the Criminal Code succeeded in remedying the deficiencies in Canadian criminal law at the time of the Westray disaster?
No full textBill C-45 became Canadian law in 2004. It created new criminal law duties for workplace health and safety (Bill C-45, 2004). This Bill implemented, in part, section 217.1 of the Criminal Code which established a new
criminal law duty, applicable to everyone who has the authority to direct how another person does their work, to take reasonable steps to ensure their safety (Criminal Code, SC 2003, c. 21, s. 3). Sixteen years have passed since this Bill became law, providing ample time to analyze the success or failure of section 217.1 in remedying the issues in Canadian law present at the time of the Westray disaster (Criminal Code, SC 003, c. 21, s. 3). This paper evaluates, based on available evidence and primarily Canadian Court decisions which have considered this "new" section of the Criminal Code, whether Bill C-45has been successful and achieved its stated purpose (Criminal Code, 1985) (Bill C-45,2004). In that regard I will consider the following more specific, and in some cases counterfactual questions: (1) whether sections 217.1 and 22.1 of Bill C-45 would have resulted in a successful criminal prosecution in the Westray case (2)the judicial consideration of section 217.1 since 2004 (3) and cases where there has been a successful prosecution with respect to section 217.1, the impact that sentencing decisions have had on possible deterrence and workplace safety in Canada (Criminal Code, SC 2003, c. 21, s. 3). I conclude that (1) sections 217.1 and 22.1 would not have resulted in a successful criminal prosecution of any managers or officers of Curragh Inc., the owners of the Westray mine, (2) since 2004 there have been very few successful prosecutions using section 217.1, and the narrow judicial interpretation of section 217.1, and the fact that it does not create a separate criminal offence but merely a criminal law duty, has limited the effectiveness of Bill C-45 (Bill C-45, 2004). Moreover, where there have been successful prosecutions the sentences have been relatively lenient, (3) the relevant statistics and caselaw since 2004 illustrate limited deterrence or at least no positive trend in workplace injuries and deaths in Canada (Criminal Code, SC 2003, c. 21, s. 3). Given this analysis, section 217.1 and Bill C-45 generally have not succeeded in remedying the deficiencies in Canadian criminal law
since (Bill C-45, 2004, "Section 217.1"). One of the main reasons for this is that this section does not create a criminal offence per se but rather a criminal law duty. For the "Westray Bill," and in particular section 217.1, to fulfill its intended purpose, it must be revised
Assessing the effects of progressive muscular relaxation on pre-competitive anxiety levels in competitive cheerleaders
No full textResearch in the field of pre-competitive anxiety shows almost no research within the sport of competitive cheerleading. This high intensity, year-round sport has a highly competitive environment which can create pre-competitive anxiety that can be debilitative or facilitative depending on the coping mechanisms used. This study examined the relationship between the use of progressive muscular relaxation (PMR) and pre-competitive anxiety levels between two female only competitive cheerleading teams. A total of 23 female 4.2 level cheerleaders were divided into intervention or control group by team. The intervention group received
PMR training. All participants completed a variety of questionnaires including the Sport Competition Anxiety Test (SCAT) and a 5-item athlete satisfaction scale as pre-and post-test, as well as the Competitive State Anxiety Inventory-2 Directional (CSAI-2D) prior to two in-season competitions. Competitive anxiety and satisfaction within the intervention group was unaffected from pre-test to post-test. Pre-competitive anxiety results showed that PMR had no significant effect on the intervention group across competitions. Limitations in the current study include unregulated PMR practice within the intervention group which may have undermined the effectiveness of the intervention, and the duration of the study. Although the current study did not find that PMR affected pre-competitive anxiety, the need for research on anxiety levels and environmental stressors in the sport of competitive cheerleading remains
Confidence lower bounds for comparing several treatments with a control in monotone dose-response studies
No full textDunnett's procedure (1955) is the most commonly used method to construct simultaneous confidence lower bounds to compare several treatment means with a control mean. It is common to assume that the treatment means are monotone in many dose-response studies. In this thesis, we propose a new but simple procedure based on Dunnett's procedure to take into account the monotone assumption. We study the expected gains of the new procedure over Dunnett's procedure. We illustrate our new procedure with numerical examples</p
Investigation of spider mite olfaction and behavior: electrophysiology reveals host plant-produced odours can be detected by Tetranychus urticae Koch
No full textThe two-spotted spider mite (Tetranychus urticae Koch) is a polyphagous pest of many important plant species including kidney bean, tomato, and cannabis. An infestation by spider mites often results in the complete defoliation of a plant which makes T.urticae an economically important pest. To elucidate the mechanism by which T. urticae detects and selects a host plant, electrophysiological assays such as electrotarsogram (ETG) were developed to screen compounds of interest from a volatile blend. Volatile organic compounds (VOCs) were collected from kidney bean and tomato plants and were used to test for differential biological/behavioral sensitivity against T. urticae. Putative chemosensory responsesinduced by kidney bean plant volatiles in T. urticae were identified as 2-ethyl-1-hexanol, acetophenone, cis-3-hexenyl 3-methylbutanoate, and 1-(4-ethylphenyl)-ethanone. Putative chemosensory responses induced by tomato plant volatiles in T. urticae were identified as α-phellandrene, 2-ethyl-1-hexanol, acetophenone, β-phellandrene, and 1-(4-ethylphenyl)-ethanone. The identification of these compounds enhances our understanding of which chemical cues T. urticae perceives during host selection. To investigate host selection, behavioral assays were performed to determine spider mite preference between different host plants. We found that T. urticae significantly preferred kidney bean over tomato as a host plant in choice assays(P= 0.0009) and that they responded most strongly to kidney bean leaf in the no-choice assay (P=0.0002). The data collected from spider mite electrophysiology and behavioral studies will aid in the development of potential mite attractants/repellants and in the development pest management techniques for T. urticae
Local recruitment and movement in Corophium volutator: an intertidal tug of war
No full textCoastal ecosystems are sustained by recruitment of individuals into existing communities. Corophium volutator, a keystone species in the Bay of Fundy, is an essential food source for migratory birds and fishery species. We hypothesized that recruitment of juvenile C. volutator is influenced by the presence of individuals of the same species. We examined recruitment into established communities under tidal conditions simulated in the mesocosms at the K.C. Irving Environmental Science Centre. Juveniles recruited to areas with adults of the same species, with low recruitment if only sediment was available. Larger juveniles appeared to displace smaller juveniles. Males were highly motile and moved to areas with higher densities of females. Contrary to the literature, we found interactions among females is key, as large females easily displaced smaller females from their tubes (video analysis). Thus, recruitment of C. volutator is strongly influenced by intraspecific interactions, which was not previously known
Examining and improving the timekeeping accuracy of Android
No full textThis thesis investigates timekeeping on Android phones, including how well or poorly Android does on timekeeping, and whether there is any method to improve Android's timekeeping. The Android system primarily uses two approaches, NITZ and SNTP, to synchronize its system clock to UTC. This thesis explains how these two approaches work, and (by analyzing the Android source code) how Android uses them
to synchronize its time with UTC. In order to find out the level of accuracy that NITZ and SNTP can deliver on Android phones, experiments were done on several Android phones to examine how the estimated clock difference between the phone and a laptop running ntpd changes over time. This thesis also discusses three possible methods to achieve better timekeeping on Android: installing clock synchronization application, modifying the Android source code, and installing custom ROMs
The barriers immigrants face when searching for employment in Halifax, Nova Scotia
No full textThe objective of this research was to take an extensive look into the barriers that immigrants face when searching for employment in Halifax, Nova Scotia. A qualitative study was done to assess the barriers that occur when immigrants are searching for employment. Seven newcomers partook in interviews, lasting between 60 and 90 minutes, conducted by the lead investigator, Shae McKenzie. Their perspectives provided information about what they experienced when searching for employment in the defined region of Halifax, Nova Scotia. The experiences of the participants had many similarities and themes emerged. It is anticipated that this information, coupled with pre-existing research, can provide a framework for the development of policies and programs to ensure a smoother transition for immigrants upon arrival
It's getting hot in here: does being social affect the thermal tolerance of an amphibious mangrove fish, Kryptolebias marmoratus
No full textAs climate warming progresses, aquatic species are at risk if they cannot adapt to their new, warmer reality. We know tropical species are more vulnerable to climate warming than their temperate counterparts because their physiological thermal limits are perilously close to their environmental temperature. Living this close to one's thermal limits results in a narrower thermal safety margin (TSM), which can impact species fitness. Notably, a fish's social environment may influence how it responds to high temperature. Using an amphibious tropical fish, the mangrove rivulus, I hypothesized that sociability would negatively affect physiological and behavioural responses to increasing water temperatures. I used four distinct social situations: (1) a fish in isolation (control), (2) pairs, (3) groups of three, and (4) an isolated fish with a mirror. I measured the temperature at which fish emerged from heated water and their thermal tolerance (critical thermal maximum). I predicted that fish in social environments (i.e. mirror, pairs and threes) would emerge from water at a higher temperature, closer to their thermal limits, compared to isolated fish. My results showed that fish socially stimulated with their mirror reflection, had the highest emersion temperature compared to
all groups, but that fish in pairs, had the widest TSM. This finding suggests that paired fish may be at a thermal advantage compared to other groups. Furthermore, I discovered a correlation between higher emersion
temperature and an increase of approaches, as well as a correlation between a lower TSM and increase of approaches. Overall, my findings suggest there may be a relationship between bolder fish engaging in more social stimulation, resulting in a narrower TSM for these fish, but further examination is needed to confirm this relationship. This study gives some insight into how social stimulation can affect a rivulus' response to ecologically relevant warming temperatures. This information is crucial for the conservation of species living close to their thermal optimum
Survey of culturable fungal endosymbionts in Nova Scotia intertidal and subtidal macroalgae
No full textMarine macroalgae are a polyphyletic group of photosynthetic eukaryotes which play critical roles in oxygen production, as primary producers, and in providing physical habitat structure. They harbor diverse microbial communities, including mutualistic, commensalistic, and parasitic fungi. These fungi may be obligately or facultatively marine and symbiotic. They are being investigated as a promising new resource for bioactive compounds, a wide variety of which likely remain undiscovered. In this investigation algicolous fungi were isolated from marine macroalgal samples collected from five intertidal ecosystems in Nova Scotia and
identified using ITS rDNA Barcoding. From 11 species of marine macroalgae, 125 fungal isolates were identified to genus and 89 were identified species, representing 21 genera and 23 species One potentially previously-undescribed fungus was also identified, and multilocus sequencing was undertaken to aid in its confirmationas a novel species
Mercury and other metals in sediment, cattails, and invertebrates from Hyla Park and the surrounding wetland, in Fredericton, New Brunswick
No full textMercury (Hg) is a trace element that can be distributed by both anthropogenic and natural sources into ecosystems worldwide. Hg can bioaccumulate and biomagnify in aquatic food webs leading to toxic effects in ecosystems at high concentrations. Hyla Park (Fredericton, NB) and the surrounding wetlands may have mercury and other metals entering the wetland from an adjacent metal recycling facility. This research examines the distribution and concentration of mercury (Hg) and several metals in surface sediment, macrophytes, and aquatic invertebrates. Aquatic macroinvertebrates, sediment, and cattail roots were collected from eight sites within Hyla Park and the surrounding wetland. The samples were dried, homogenized and analyzed for total mercury (THg) and other metals with thermal degradation –atomic absorbance and X-Ray
fluorescence. Twenty-two aquatic invertebrate families were identified and organized by functional feeding group. THg concentration in predatory invertebrates (n=65; mean=78.72 ng/g dw) was significantly (p<0.01)
higher than the herbivorous invertebrates (n=34; mean=28.12 ng/g dw), and THg in piercing predators (n=18; mean=134.45 ng/g dw) was significantly (p<0.01) higher than in swallowing predators (n=46; mean=57.68 ng/g dw). Within the sediment there was a positive linear correlation between percent loss on ignition and THg concentrations in the sediment, and a significant positive rise to a maximum relationship between THg and iron concentrations in the sediment. The THg in the sediment had no significant relationship to the THg in associated invertebrates within Hyla Park and the surrounding wetland. Lead, copper, zinc, and Hg concentrations in sediment were above the Canadian sediment quality guidelines at some sample locations. The metals found to be above guidelines, and the potential for Hg bioaccumulation in aquatic invertebrates within Hyla Park and the surrounding wetland, may pose a risk to higher trophic level organisms