Towards community‐based monitoring in Manitoba's hog industry

Abstract: Rapid changes in the hog industry in Manitoba have resulted in a gap in the province's resource and environmental policy regime. Concerns about potential, uncertain environmental impacts and an outdated regulatory framework led to a moratorium on new hog industry operations and a provincial hearing. Based on extensive literature, documentary and legislative reviews, this article explores the role of monitoring, and the potential for community‐based monitoring specifically, to address these policy issues. Given the non‐point nature of the pollution in question, the social and economic conditions in southern Manitoba and the strengths of community‐based monitoring initiatives, this approach is a promising solution. Furthermore, the existing legal framework provides an existing grounding through which the program could be vested with authority. Sommaire: Des changements rapides dans l'industrie porcine au Manitoba ont entraîné un fossé entre la politique des ressources et celle de l'environnement de la province. Les inquiétudes au sujet d'éventuelles conséquences environnementales et d'un cadre de réglementation dépassé ont conduit à un moratoire sur les nouvelles opérations dans l'industrie porcine et à une audience provinciale. En s'appuyant sur une importante documentation et sur des études documentaires et législatives, cet article approfondit le rôle de la surveillance, et plus particulièrement le rôle possible de la surveillance communautaire, pour s'attaquer à ces questions de politiques. Étant donné la nature non ponctuelle de la pollution en question, les conditions sociales et économiques dans le sud du Manitoba et la force des initiatives communautaires, cette approche est une solution prometteuse. En outre, le cadre juridique actuel fournit une base existante qui permettrait au programme d'être investi d'une certaine autorité.     

JUDICIAL DISPUTE RESOLUTION

Judicial Dispute Resolution or JDR is a pre-trial settlement process involving judges as settlement facilitators. In October 2000 the Family and Youth Court in Edmonton, Alberta launched a yearlong JDR pilot project to determine whether JDR would help in resolving family and child welfare matters before the court. The project was very successful and has become a permanent program in Edmonton. This article explains how the Edmonton JDR polit project was set up and evaluated as well as its success as a permanent program. The article describes the JDR process in detail and discusses the current statistics from the program. The design and development of the new JDR Centre in the Edmonton courthouse is also addressed.     

Promoting awareness and prevention of child sexual victimization using the Red Flag/Green Flag program: An evaluation with follow-up

This study describes an evaluation of a school-based sexual abuse awareness and prevention program that featured the “Red Flag/Green Flag People” coloring book and included presentation of a film (“Better Safe than Sorry II”) and discussion of hypothetical and actual experiences involving inappropriate physical touching. Children, parents, and teachers from two experimental schools participated in the program and were compared to similar groups from a control school. Outcomes were evaluated using pre-post (2-month) assessment questionnaires. Among the findings obtained, experimental group children reported learning more about the differences between good and bad touching, and being more likely to both report instances of sexual victimization and utilize program-specific preventive skills, relative to controls. Parents exposed to program materials acknowledged greater improvements in knowledge about program goals and more positive communication at home about abuse. Although no significant differences were obtained for teachers, the ratings for one experimental group were consistently higher than those of the other groups. Staff volunteers evaluated the program as overwhelmingly positive and without adverse effects. Still, some children from all groups reported being touched inappropriately. Some of these improvements were also noted for the experimental group at 6-month follow-up assessment. The findings were discussed in the context of conceptual, clinical, training, and empirical considerations.     

Decision-making in the federal cabinet

Abstract. The growing interest in federal government decision-making likely flows from increasing scepticism about decisions reached in secret. Decision-making under Mackenzie King largely followed the oral tradition. Proposals went first to full cabinet; only if disagreement resulted were they referred to the usually ad hoc committees. Interdepartmental committees of officials were prevalent. These features persisted under St-Laurent and Diefenbaker, although under them decision-making centred more in the prime minister than before. Under Pearson, efforts were made to develop the cabinet committee system and to require advance notice and documentation before items appeared on the agenda. The Trudeau cabinet has been characterized by the application of the principle of collegiality. Detailed scrutiny of proposals is the rule. Documentation includes full discussion of alternatives, of financial and federal-provincial implications, and of caucus consultations. Generally, proposals go first to committee. Where there is consensus, the prime minister ascertains at a subsequent cabinet meeting whether there is any disagreement. An important innovation is the priorities exercise, which, contrary to the usual process, establishes a general course to be implemented subsequently by particular proposals. The Trudeau approach requires ministers as never before to become knowledgeable about their own and other departments. The result is less dependence on civil servants for policy guidance. It is erroneous to view this reinforcement of collective responsibility as centralization of power in the prime minister's hands. The systemization of government decision-making, in which caucus consultation is more important than before, requires a parallel systemization of the procedure of the final decision-making body, Parliament. Sommaire. L'intérêt grandissant à l'égard du processus de décision du gouvernement fédéral tient sans doute à la montée du scepticisme qu'inspirent les décisions prises à huis clos. Sous Mackenzie King, les décisions, le plus souvent verbales, n'étaient pour ainsi dire consignées nulle part. Les propositions, d'abord présentées au cabinet, étaient renvoyées à des comités spéciaux qu'en cas de désaccord. Or, à l'époque, les comités interministériels de fonctionnaires dominaient la scène politique. Les gouvernements St-Laurent et Diefenbaker conservèrent les mêmes pratiques, mais en renforçant le rôle du Premier ministre. C'est sous l'administration Pearson que furent jetées les bases du système des comités du cabinet et que l'on commença à exiger préavis et documentation avant de porter une question à l'ordre du jour.     

Extending the Reach of Human Rights to Encompass Victims of Rape: M.C. V. Bulgaria

This note analyses a recent case of the European Court of Justice in which the applicant, a 14-year old rape victim, alleged that Bulgarian criminal law violated her rights under Articles 3 and 8 of the European Convention of Human Rights in pursuing a practice of only prosecuting rape where there was evidence of the use of physical force and active resistance. In upholding the applicant’s claims, the Court re-affirmed the positive obligation on states to adopt measures to ensure that fundamental rights under the Convention were secured. In particular, in the case of rape, this required the enactment and application of criminal laws effectively prescribing all acts of non-consensual sex and not just those involving physical violence. In this way the Court affirmed not only that rape was, in essence, a violation of personal sexual autonomy but also that legal systems which failed adequately to protect against all forms of rape risked operating in breach of Convention obligations.Application no. 39272/98, 4 December 2003.     

"It's Darwinism – Survival of the Fittest:" How Markets and Reputations Shape the Ways in Which Plaintiffs' Lawyers Obtain Clients

The survival of a plaintiffs' lawyer's practice depends upon the generation of an ongoing flow of clients with injuries that the civil justice system will compensate adequately. If this requirement is not met, lawyers will leave this aspect of the legal market for more promising ones. If they do, legal services for injured people will be diminished as a result. In order to find out how this personal services legal market is defined and developed, we interviewed ninety‐five plaintiffs' lawyers in Texas. These lawyers use four major strategies to get clients: client referrals, lawyer referrals, direct marketing, and other referrals. What any particular lawyer does is shaped by the geographic market from which clients are drawn, and by the lawyer's reputation. Our findings provide fresh insights for the empirical literature on plaintiffs' lawyers, and they provide an empirical context for assessing the potential impact of changes in the civil justice system, like tort reform, on the ability of plaintiffs' lawyers to obtain clients.     

Behavior Problems in Children Exposed to Wife Abuse: Gender Differences

Family aggression patterns and behavior problems of children, aged 6-12, recruited from shelters for battered women (shelter group) were contrasted with three comparison groups of currently nonviolent families: two-parent, single-mother, and homeless. Girls who had been exposed to recent interparental wife abuse were predicted to show more internalizing and externalizing behavior problems than similarly exposed boys, based on recent literature. Homeless and shelter mothers reported the highest rates of parent-child aggression. Shelter girls obtained significantly higher total, internalizing and externalizing behavior problem ratings than shelter boys, and than two-parent and single-mother girls. Shelter boys obtained significantly higher internalizing ratings than two-parent boys. Shelter and homeless children were rated as having equivalent levels of behaviour problems. Across all groups, mothers' psychological adjustment was a better predictor of daughters' adjustment than that of sons. The study concluded that the assumption that preadolescent girls have greater immunity to psychosocial risk is unfounded.