加拿大社区矫正介评

为了减少迅速增长的监狱人口数量,加拿大在刑事司法程序的不同阶段,广泛实施各种切实可行的拘禁替代性措施,处于社区矫正的罪犯人数明显超过监禁人数,其社区矫正工作已取得法律、经济、社会三重实效。在中国社区矫正的发展过程中,有必要结合中国自身国情与加拿大的经验,坚定不移地将这一既有益于犯罪人重返社会、树立生活信心,又有利于社会和谐的社区矫正工作做好。     

浅析加拿大多元文化政策的发展

民族的多样,文化的多元是加拿大区别于其他国家的重要特点。1971年加拿大政府宣布实行多元文化政策,这使加拿大成为西方第一个将推进多元文化发展作为国策的国家。1988年加拿大政府颁布《加拿大多元文化法》,用法律的形式肯定了这一国策。多元文化政策的推行为加拿大处理历史上遗留下的民族问题提供了一个行之有效的方法,同时对其他国家认识和处理本国的民族问题也起到了一定的借鉴作用。     

Intergovernmental relations on immigrant integration in Canada: Insights from Quebec,Manitoba, and Ontario

ABSTRACT

The pattern of intergovernmental relations (IGR) on immigrant integration in Canada runs counter to core arguments in the extant literature. In particular, Canada's federal structures have not produced multilateral, institutionalized, and conflictual IGR; IGR in Canada has been predominantly bilateral and only moderately institutionalized. Moreover, IGR has been conflictual at times, while collaborative at others. Several factors explain this unexpected pattern. In an attempt to ward off separatism, the central government devolved authority over immigrant selection and settlement programmes to Quebec, creating a deep asymmetry between Quebec and the Anglophone provinces (and territories) in these areas. Interprovincial competition drove other provinces to seek powers over immigration and integration. The central government – driven by fiscal pressures and a philosophical commitment to symmetry – struck bilateral agreements with Anglophone provinces to fund and devolve settlement programming and some control over the selection of economic immigrants.     

COLLABORATIVE PRACTICE IN THE CANADIAN LANDSCAPE

This article looks at the growth of collaborative practice in Canada in the last decade and the legal and Canadian cultural underpinnings influencing this growth. Government recognition of and support for collaborative process has come from both the federal and provincial governments. Statutory support in family law statutes and in ethical standards for lawyers encourage alternate dispute resolution and have helped normalize consensual dispute resolution options. The article also looks at decisions from Canadian courts relating to the practice of collaborative law, including the confidentiality of collaborative process negotiations as set out in the participation agreement and the standard of care necessary for collaborative lawyers.     

Fight,Flee or Fulminate: Prime Ministerial Challengers,Strategic Choices and the Rites of Succession

Prime ministers often have to work with prime ministerial aspirants, senior ministers who regard themselves as possible successors. But can these challengers seize the job when the prime ministers are reluctant to stand down? Using evidence from Canada, Britain and Australia, the article explores the conditions in which successions have taken place and the capacity of the prime ministerial aspirants to expedite the process. It identifies three alternative strategies that are shaped by the party rules in the different countries. The aspirants may flee, fight or fulminate. Which strategy will best improve their chances of winning the top job depends on the traditional or developing modes of leadership election that their parties have adopted. Some processes provide the means to assassinate the leader. Others have no opportunity to act; rivals can do nothing but wait, either in or outside parliament. The article finds that the broader the constituency that elects the leaders, the more secure those leaders are when their reputation declines.     

开展多元文化教育 促进各民族团结——以辽宁警官高等专科学校新疆少数民族学生宏观管理与微观教学为例

随着美国民权运动的兴起,多元文化教育运动应运而生。多元文化教育是一种教育思想,更是一种循序渐进的文化浸染过程,它强调既培养自我意识,又要增强对"他文化"的敏感和深刻认知,形成多元文化综合分析的决策能力和行动能力。在多元文化教育的课堂,要尊重和弘扬各民族学生的语言和文化,营造相互配合、协作学习的友好氛围,完善教师的多元文化知识和教育策略,这是增进民族团结,提高我国少数民族大学生教育质量的有效途径。     

Antisemitic and anti-Israel actions and attitudes in Canada and internationally: a research agenda

ABSTRACT

Brym’s article critically reviews data and the small body of published research on the relationship between antisemitic and anti-Israel attitudes in Canada and internationally with the aim of identifying key questions that Canadian and non-Canadian researchers who are interested in this contentious issue might profitably address. It derives a series of hypotheses from the literature review and discusses methodological approaches to testing them.     

Comparative Climate Change Policy and Federalism: An Overview

This commentary provides an overview of the four papers in this issue of Review of Policy Research on the politics of climate change. The papers all address in one way or another aspects of how federal‐type systems are dealing with the collective action and multilevel governance issues of climate change policy. The comparative study of federal systems provides insight into how domestic authority is so often overlapping and divided when dealing with greenhouse gas emissions and climate change. Federal arrangements offer a rich array of norms, institutions, and practices for tackling these problems. Federal systems grapple continuously with the kinds of issues that are the most intractable in the climate change case, such as overcoming interregional differences of interests and values. A common federal feature is competition among subnational governments and between them and national or federated governments over climate change policy, which has been especially significant in the United States and in Canada in the relative absence of national action––although soberingly, the whole is as yet nowhere near as great as the sum of the parts. More significant, but rarer is the achievement of tighter coordination in federal systems achieved through intergovernmental co‐decision, as seen in the European Community and Australia. This has been accomplished in large part due to a consensus among all intergovernmental parties on the nature of the problem and congruence with the existing international regime, characteristics missing in the North American context.     

Public Attitudes toward Climate Science and Climate Policy in Federal Systems: Canada and the United States Compared1

Multilevel governance poses several challenges for the politics of climate change. On the one hand, the unequal distribution of power and interests can serve as a barrier to implementing coherent policy at a federal level. On the other, these features also enable policy leadership among sub‐federal units. In the context of wide variation in climate policy at both national and sub‐federal levels in Canada and in the United States, this paper utilizes an original data set to examine public attitudes and perceptions toward climate science and climate change policy in two federal systems. Drawing on national and provincial/state level data from telephone surveys administered in the United States and in Canada, the paper provides insight into where the public stands on the climate change issue in two of the most carbon‐intensive federal systems in the world. The paper includes the first directly comparable public opinion data on how Canadians and Americans form their opinions regarding climate matters and provides insight into the preferences of these two populations regarding climate policies at both the national and sub‐federal levels. Key findings are examined in the context of growing policy experiments at the sub‐federal level in both countries and limited national level progress in the adoption of climate change legislation.     

Specialised domestic violence courts in Canada and the United States: Key factors in prioritising safety for women and children

ABSTRACT

This paper reviews the response of specialised domestic violence courts in Canada and the United States to contact disputes where there are allegations of domestic violence. It begins with a discussion of legal reforms responding to domestic violence in Canada and the United States, including the different types of DV courts and their rationales, key features, merits and drawbacks. Evaluations of Integrated DV courts in the United States and Canada are then reviewed. The research shows that although IDV courts hold more promise to deal with contact disputes given their inclusion of family law matters, there are few studies analysing the impact of IDV courts on these disputes, and some suggest these courts may actually increase contact and hence the potential for safety issues to arise. The final section discusses the strengths and weaknesses of IDV courts in relation to contact disputes, identifying the factors that make these specialised courts more or less successful in prioritising safety and minimising harm for women and children.