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No full textAdverse effects discrimination arises when a law that appears to be neutral on its face has a disproportionate and negative impact on members of a group identified by a protected ground.1 The discrimination is usually not as easy to see as it is in cases of direct discrimination, where distinctions are drawn by a law, program, or policy. This may be why Fraser v Canada (Attorney General)2 is only the third adverse effects claim under section 15(1) of the Canadian Charter of Rights and Freedoms3 to succeed since section 15 came into force in 1985.4 Fraser is notable simply because it is the first successful adverse effects claim in twenty-two years.5
1 Jonnette Watson Hamilton & Jennifer Koshan. “Adverse Impact: The Supreme Court’s Approach to Adverse Effects Discrimination under Section 15 of the Charter” (2015) 19:2 Rev Const Stud Studies 191 at 196 [“Adverse Impact”]. 2 2020 SCC 28 [Fraser]. 3 Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 [Charter]. 4 The other two cases in which adverse effects claims were successful were Eldridge v British Columbia, [1997] 3 SCR 624, 151 DLR (4th) 577 [Eldridge cited to SCR] and Vriend v Alberta, [1998] 1 SCR 493, 156 DLR (4th) 385 [Vriend cited to SCR]. 5 At least five adverse effects claims made under section 15 of the Charter failed in the intervening twentytwo years: Health Services and Support — Facilities Subsector Bargaining Assn v British Columbia, 2007 SC
Metaphors of Lawyers\u27 Professionalism
No full textThis article examines three common metaphors in several professional codes of legal conduct and supporting documents. The metaphors are the "metaphoric networks" based on the military, gentility and Christianity. Numerous examples of all three metaphoric networks are given.
Metaphors are non-arbitrary. The three metaphoric networks examined here are consistent with one of the most common orientation metaphors in the English language, the metaphor expressing relationships in bodily terms of "up" and "down." These metaphoric networks evoke a hierarchy of society based on a strictly male, ethnocentric British-Canadian world. The lawyer reading the codes of conduct that contain these metaphors would see the image of the lawyer created according to the lawyer\u27s own inclusion within or exclusion from that ideal. Also, this social elitism may contribute to the public\u27s lack of respect for the legal profession
Equality Rights and Pay Equity: Déjá Vu in the Supreme Court of Canada
No full textThis comment analyzes the Supreme Court of Canada’s most recent decisions under the equality guarantee in the Canadian Charter of Rights and Freedoms. Quebec (Attorney General) v. Alliance du personnel professionnel et technique de la santé et des services sociaux and Centrale des syndicats du Québec v. Quebec (Attorney General) are companion pay equity decisions examining claims of sex discrimination under section 15(1) of the Charter and the Quebec government’s attempt to defend those claims under section 15(2) and section 1. The Court is badly split in its analysis and the authors discuss the major points of disagreement, as well as the majority’s clarification of the proper approach to sections 15(1) and (2). They also explore the implications of the cases for pay equity laws in Canada and for the future of equality rights claims
Kahkewistahaw First Nation v. Taypotat: An Arbitrary Approach to Discrimination
Full text linkThe Royal Commission on Aboriginal Peoples (“RCAP”) acknowledged education as essential to both enhancing the lives of Aboriginal individuals and achieving their collective goals. Education can improve the capacities and talents of Aboriginal citizens to assume the responsibilities of operating self-governing and community structures. In Kahkewistahaw First Nation v. Taypotat, these 20-year-old conclusions were the focus of the first paragraphs of both the factum of the Chief and Council of the Kahkewistahaw First Nation and the unanimous judgment of the Supreme Court of Canada.
Education was also a key component of a more recent commission, the Truth and Reconciliation Commission of Canada (“TRC”). Its inquiry into Canada’s residential schools confirmed that “the residential school system was an education system for Aboriginal children in name only for much of its existence.” Indeed, in their 2012 Interim Report, the TRC concluded that “[r]esidential schools constituted an assault on self-governing and self-sustaining Aboriginal nations,” because “one of the most far-reaching and devastating legacies of residential schools has been their impact on the educational and economic success of Aboriginal people”. The TRC’s finding that “the lowest levels of educational success are in those communities with the highest percentages of descendants of residential school Survivors: First Nations people living on reserves, and Inuit” is significant for the issues in Taypotat. These findings also illustrate that, for Aboriginal people, education cannot be understood simply or necessarily as positive
Courting Confusion? Three Recent Alberta Cases on Equality Rights Post-Kapp
Full text linkThis article examines current confusion surrounding how courts are to analyze challenges brought under s. 15 of the Canadian Charter of Rights and Freedoms. The authors begin with a review of the 2008 Supreme Court of Canada decision in R. v. Kapp, which gave s. 15(2) independent status to shield ameliorative laws, programs, and activities from the finding of discrimination, but left the application of s. 15(1) unclear. The authors then articulate how three recent Alberta cases on equality post-Kapp illustrate the new uncertainty surrounding how courts are to address equality rights. Through an analysis of the Supreme Court’s 2009 decision in Ermineskin Band and Nation v. Canada, and subsequent decisions of the Alberta Court of Appeal in Morrow v. Zhang and Cunningham v. Alberta (Aboriginal Affairs and Northern Development), this article explores the Supreme Court’s failure to adequately guide lower courts and tribunals on how to apply s. 15 post-Kapp. For example, a framework for reconciling the new role of s. 15(2) and claims of under-inclusive ameliorative programs has yet to be developed. Further, the authors argue that the guidance that has been delivered has improperly narrowed the definition of discrimination to stereotyping and prejudice
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Full text linkWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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