Review of administrative decisions under the Federal Court Act (1970)

Abstract. It does not appear, at this time, that the average citizen's position vis-á-vis federal administrative agencies has been improved under the Federal Court Act (1970). For one thing, as might be expected, the Act does not require boards, beyond the rules of natural justice, to conduct their hearings according to certain minimum standards of procedure. In addition, it attempts to prohibit a role Canaidan courts have claimed to review the decisions of boards and commissions that are administrative in nature. Of course, in non-discretionary matters the prerogative writs are still available, although original jurisdiction in their issuance has been given exclusively to the itinerant Trial Division of the Federal Court. Under the Act, the Federal Court of Appeal is given original jurisdiction to review and set aside judicial or quasi-judicial decisions on certain grounds. But two of the grounds are substantially similar to those on which the prerogative remedies are issued. The final ground must await judicial interpretation for clarification. Its loose wording permits numerous possibilities for construction. If given a broad interpretation, certain expert and impartial boards will be, in effect, superseded in much of their decision-making power by the Court of Appeal. Sommaire. A l'heure actuelle, il ne semble pas que la position du citoyen moyen face aux agences administratives fédérates ait été améliorée par la Loi sur les tribunaux fédéraux (1970). Tout d'abord, comme on pourrait s'y attendre, la Loi n'oblige pas les conseils à observer des normes minimales de procédure dans la tenue des audiences en dehors du respect des règies de la justice humaine. Par ailleurs, elle cherch à priver les tribunaux canadiens d'un rôle qu'ils avaient assumé: la révision des décisions des conseils et commissions de caractère administratif. Bien sûr, dans les questions non-discrétionnaires, les recours à l'ordonnance émise en vertu de la prérogative royale existent toujours mais c'est uniquement à la section itinérante du tribunal fédéral que revient la juridiction originale pour leur émission. En vertu de cette Loi, la Cour d'appel fédérale détient la juridiction originale pour réviser et casser les décisions judiciaires ou quasi-judiciaires pour certains motifs. Deux des motifs ressemblent beaucoup à ceux qui permettent les recours en vertu de la prérogative royale. Le motif d'appel en dernier ressort ne pourra être éclairci qu'après interprétation judiciaire. Le texte est rédigé de façon si vague qu'il se prête à de nombreuses interprétations. S'il est pris dans un sens général, certains tribunaux experts et impartiaux verront en effect leurs décisions dépendre en grande partie de la Cour d'appel.     

The talk of women friends

The talk of women friends has, for a variety of reasons, received little serious attention. We review (1) the sources of prejudice against this topic, (2) the dimensions of social context that shape women's friendships, and (3) the major differences between male friendships and female friendships. On the basis of prior research and an interview study, we propose that talk is central to close friendships between women. Our interview data reveal a broad range of conversational topics among women friends. The women we interviewed report that talk with their close friends creates a mosaic of noncritical listening, mutual support, enhancement of self-worth, relationship exclusiveness, and personal growth and self-discovery. We conclude by addressing issues pertaining to research methodology, to cross-cultural and sub-cultural differences, and to the politics of female friendship.     

La economía cubana: entre voluntarismo e intentos de planifcación (1959-2012)

Throughout more than fifty years, the Cuban Revolution has been unable to implement an Economic Management System (ems) to face and overcome the traditional problems of centrally planned economies. When Cuban leaders tried to back away from the planning methods adopted in socialist countries, the economic management suffered from “voluntarism”, with invariably negative consequences. This article proposes a categorization of the economic cycle into upward phases –in which rational economic planning and organization predominate– and downward phases with a highly centralized direction of the economy. A historic-economic analysis of each phase of the cycle is presented, revealing that upward phases were characterized by good or acceptable economic outcomes, while these were poor during downward phases with a prevalence of voluntarism, unless external factors appeared.     

Effectiveness of Single‐Nucleotide Polymorphisms to Investigate Cattle Rustling

Short tandem repeats (STR)s have been the eligible markers for forensic animal genetics, despite single‐nucleotide polymorphisms (SNP)s became acceptable. The technology, the type, and amount of markers could limit the investigation in degraded forensic samples. The performance of a 32‐SNP panel genotyped through OpenArrays^TM (real‐time PCR based) was evaluated to resolve cattle‐specific forensic cases. DNA from different biological sources was used, including samples from an alleged instance of cattle rustling. SNPs and STRs performance and repeatability were compared. SNP call rate was variable among sample type (average = 80.18%), while forensic samples showed the lowest value (70.94%). The repeatability obtained (98.7%) supports the used technology. SNPs had better call rates than STRs in 12 of 20 casework samples, while forensic index values were similar for both panels. In conclusion, the 32‐SNPs used are as informative as the standard bovine STR battery and hence are suitable to resolve cattle rustling investigations.     

Male batterers with and without psychopathy: an exploratory study in Spanish prisons

The aim of this study was to analyze the differential profile of male batterers in prison with and without psychopathy. The sample consisted of 162 perpetrators sentenced for a serious offence against their intimate partner. The prevalence of psychopathy or psychopathic traits, established according to the Psychopathy Checklist-Revised, was about 12%. The psychopathic batterers were younger, more impulsive, more suspicious, and less empathetic and had lower self-esteem than nonpsychopathic batterers. However, the psychopathic batterers were not engaged in intimate femicide more often than were the nonpsychopathic batterers. The severity of the crime was similar in both groups, so it may be attributed to other variables (e.g., substance abuse, intoxication at the time of the offence, violence history, jealousy, etc.). Implications of these results for further research and clinical practice are discussed.     

Adult Fanniidae associated to pig carcasses during the winter season in a semiarid environment: initial examination of their potential as complementary PMI indicators

Besides the dominant necrophagous dipteran of the families Sarcophagidae and Calliphoridae usually used for post mortem interval (PMI) estimations, species of other families such as Fanniidae have frequently been reported in forensic studies. Though less abundant, these species are prevalent in decomposing carcasses with most reports being anecdotal. In this study we identified adults of the fly family Fanniidae associated to pig carcasses located under different local environmental conditions (sun and shade) in a semiarid area at Mendoza, Argentina during the winter season. We examined the potential of species of this family as indicators of PMI by measuring abundance, time of occurrence and residency time at the carcasses. We identified six species of Fanniidae: Euryomma peregrinum Meigen, Fannia albitarsis Stein, Fannia femoralis Stein, Fannia fusconotata Rondani, Fannia heydenii Wiedemann and Fannia sanihue Domínguez and Aballay. Overall, fly abundance was higher at the sunlit than at the shaded carcass. The most abundant species at the sun was F. fusconotata while at the shaded carcass F. femoralis was the most abundant species. Based on their residency time, however, species with higher potential as PMI indicators seem to be F. heydenii and F. sanihue as their residency time at the carcass was restricted to a short period of the decomposition process. Other species were present throughout most of the decomposition process or in such a low abundance (E. peregrinum) that they were not useful as indicators. These preliminary results indicate that adults of some species of Fanniidae could act as a good complementary indicator species during the winter season. In particular, F. heydenii and F. sanihue should be the focus of further studies which should also expand to other seasons.     

Violent behaviors in drug addiction: differential profiles of drug-addicted patients with and without violence problems

This study explored the prevalence of violent behaviors in patients who are addicted to drugs. A sample of 252 addicted patients (203 male and 49 female) who sought outpatient treatment was assessed. Information on violent behaviors, sociodemographic factors, consumption factors (assessed by the European version of the Addiction Severity Index [EuropASI]), psychopathological factors (assessed by Symptom Checklist-90-Revised [SCL-90-R]), and personality variables (assessed by Millon Clinical Multiaxial Inventory [MCMI-II]) was collected. Drug-addicted patients who were associated with violent behaviors were compared on all variables with patients who were not associated with violent behaviors. The rate of drug-addicted patients with violent behaviors in this sample was 39.68% (n = 100). There were significant differences between the numbers of patients who did and did not demonstrate violence on some variables. Patients with violence problems were younger than those without violence problems and were more likely to report having been a victim of abuse. Moreover, they were significantly more likely to have experienced an overdose and showed a significantly higher score on several EuropASI, SCL-90-R and MCMI-II variables. According to these results, patients with violence control problems present with both a more severe addiction and several comorbid problems. The implications of these results for further research and clinical practice are discussed.