Touch of Evil: Disagreements at the Heart of the Criminal Law Power

Evil has been a diffıcult presence to shake in the judicial treatment of Parliament’s criminal law power, s. 91(27). From its early treatment by the Judicial Committee of the Privy Council to the Supreme Court of Canada’s latest disagreements in Reference re Genetic Non-Discrimination Act, the necessity of suppressing evil has woven in and out of the jurisprudence of the criminal law power. Alluring for its potential to provide some integrity and definitional limits to a broad head of jurisdictional power, a judicial standard premised on evil ultimately distracts more than it assists in adjudicating the division of powers by drawing courts into unquantifiable assessments of the amount of evil required before Parliament can validly enact criminal law. Better for courts to be guided by the broader conception of criminal public purpose articulated in Justice Rand’s famous judgment in Margarine Reference as a way to enable the respect of the full scope of Parliament’s authority while also protecting the balance of federalism. The Supreme Court’s divided reasons in Reference re Genetic Non-Discrimination Act provide hope for just that approach while also suggesting that evil may continue to unhelpfully hover at the edges of a case law it has haunted for too long

Judging the Limits of Cooperative Federalism

I have often wondered whether the history of Canadian constitutional law might best be taught by traversing a footbridge of metaphors. In the “Two Row Wampum” of treaty relations, the “compact” of Confederation, the “watertight compartments” and “balance” of the division of powers, the “living tree” of the Canadian Charter of Rights and Freedoms, and the “architecture” of our parliamentary structures, Canada’s Constitution has found expression in constructs of the imagination as much as commands of the text. Discerning meaning from abstract constitutional provisions invariably requires a turn to external principles and ideas to guide interpretation and to shape a larger constitutional story of purpose. Metaphors, norms, unwritten principles and narratives will always play a crucial role in constructing meaning in Canadian constitutional law. The question is not should courts turn to constitutional metaphors to guide constitutional interpretation —they will and must as a function of the interpretive role demanded of them —but rather what is the appropriate use of such metaphors in constitutional adjudication

Recreational anglers' valuation of near-shore marine fisheries in Florida

This report describes and summarizes the results from a state-wide survey of Florida resident saltwater anglers. The survey was designed to provide estimates of the economic value anglers place on marginal changes in management of selected near-shore marine species. The Contingent valuation method was used to elicit angler willingness to pay for changes in management for redfish, seatrout , mullet, sheepshead, pompano. and king mackerel. Contingent valuation is a process in which respondents are presented with a detailed scenario that describes an opportunity to express their willingness to pay for a proposed change in current conditions. The process consists of three parts. First. the change in current conditions, or the "good" to be valued is described. Second, the payment method is described. The payment method is usually closely related to typical methods of buying goods similar to the one to be valued. Finally. the respondent is asked how much they would pay for the good described in the scenario. A special saltwater fishing license stamp that would allow the holder to take advantage of the described management change was used as a payment mechanism. (PDF contains 147 pages.

Eulerian-Lagrangian analysis of pollutant transport in shallow water

A numerical method for the solution of the two-dimensional, unsteady, transport equation is formulated, and its accuracy is tested.The method uses a Eulerian-Lagrangian approach, in which the transport equation is divided into a diffusion equation (solved by a finite element method) and a convection equation (solved by the method of characteristics). This approach leads to results that are free of spurious oscillations and excessive numerical damping, even in the case where advection strongly dominates diffusion. For pure diffusion problems, optimal accuracy is approached as the time-step, At, goes to zero; conversely, for pure-convection problems, accuracy improves with increasing At; for convection-diffusion problems the At leading to optimal accuracy depends on the characteristics of the spatial discretization and on the relative importance of convection and diffusion.The method is cost-effective in modeling pollutant transport in coastal waters, as demonstrated by two prototype applications: hypothetical sludge dumping in Massachusetts Bay and the thermal discharge from Brayton Point Generating Station in Narragansett Bay. Numerical diffusion is eliminated or greatly reduced, raising the need for realistic estimation of dispersion coefficients. Costs (based on CPU time) should not exceed those of conventional Eulerian methods and, in some cases (e.g., problems involving predictions over several tidal cycles), considerable savings may even be achieved

Age- and Lesion-Related Comorbidity Burden Among US Adults With Congenital Heart Disease: A Population-Based Study.

Background As patients with congenital heart disease (CHD) are living longer, understanding the comorbidities they develop as they age is increasingly important. However, there are no published population-based estimates of the comorbidity burden among the US adult patients with CHD. Methods and Results Using the IBM MarketScan commercial claims database from 2010 to 2016, we identified adults aged ≥18 years with CHD and 2 full years of continuous enrollment. These were frequency matched with adults without CHD within categories jointly defined by age, sex, and dates of enrollment in the database. A total of 40 127 patients with CHD met the inclusion criteria (mean [SD] age, 36.8 [14.6] years; and 48.2% were women). Adults with CHD were nearly twice as likely to have any comorbidity than those without CHD (P<0.001). After adjusting for covariates, patients with CHD had a higher prevalence risk ratio for "previously recognized to be common in CHD" (risk ratio, 9.41; 95% CI, 7.99-11.1), "other cardiovascular" (risk ratio, 1.73; 95% CI, 1.66-1.80), and "noncardiovascular" (risk ratio, 1.47; 95% CI, 1.41-1.52) comorbidities. After adjusting for covariates and considering interaction with age, patients with severe CHD had higher risks of previously recognized to be common in CHD and lower risks of other cardiovascular comorbidities than age-stratified patients with nonsevere CHD. For noncardiovascular comorbidities, the risk was higher among patients with severe than nonsevere CHD before, but not after, the age of 40 years. Conclusions Our data underscore the unique clinical needs of adults with CHD compared with their peers. Clinicians caring for CHD may want to use a multidisciplinary approach, including building close collaborations with internists and specialists, to help provide appropriate care for the highly prevalent noncardiovascular comorbidities

Promises of Law: The Unlawful Dispossession of Japanese Canadians

This article is about the origins, betrayal, and litigation of a promise of law. In 1942, while it ordered the internment of over twenty-one thousand Canadians of Japanese descent, the Canadian government enacted orders in council authorizing the Custodian of Enemy Property to seize all real and personal property owned by Japanese Canadians living within coastal British Columbia. Demands from the Japanese-Canadian community and concern from within the corridors of government resulted in amendments to those orders stipulating that the Custodian held that property as a “protective” trust and would return it to Japanese Canadians at the conclusion of the war. That is not what happened. In January 1943, a new order in council authorized the sale of all property seized from Japanese Canadians. The trust abandoned, a promise broken, the Custodian sold everything. This article traces the promise to protect property from its origins in the federal bureaucracy and demands on the streets to its demise in Nakashima v Canada, the Exchequer Court decision that held that the legal promise carried no legal consequence. We argue that the failure of the promise should not obscure its history as a product of multi-vocal processes, community activism, conflicting wartime pressures, and competing conceptions of citizenship, legality, and justice. Drawing from a rich array of archival sources, our article places the legacy of the property loss of Japanese Canadians at the disjuncture between law as a blunt instrument capable of gross injustice and its role as a social institution of good faith

Physical Function in Young and Older Adult Active Pickleball Players

Limited information exists on pickleball’s impact on physical function in adults, especially older adults (65+ years), despite reported health benefits. PURPOSE: This study evaluated the physical function of active older adult (OA) female and male recreational pickleball players via handgrip strength and fatigue, 6-minute walk distance (6MWD) test, as well as the short physical performance battery (SPPB) compared to sex-matched young adult (YA) controls. METHODS: Thirty YA (18-26 years; n=15 female/male) participants and 27 OA (65-89 years; n=13 female, n=15 male) participants who played pickleball at least three times per week were assessed for physical function outcomes of handgrip strength (HGS) and fatigue (HGF), 6-minute walk distance (6MWD), and the short physical performance battery (SPPB). A two-way ANOVA (age x sex) with repeated measures and Sidak post-hoc test were used (pRESULTS: Compared to sex-matched YA, OA women and men had significantly (p2). Absolute HGF followed the absolute HGS results. In contrast, compared to sex-matched YA, no significant differences (p\u3e0.05) were observed in OA women and men for 6MWD percent predicted (which factored in anthropometrics, age, gender, and activity levels; range: 104.6-115.4%) and the overall SPPB (range: 11.3-12.0) as well as each portion of the SPPB (balance, gait speed, and lower limb strength). CONCLUSION: In OA female and male recreational pickleballers, lower body physical function (e.g., walking speed/distance, balance, lower body strength) is largely maintained compared to sex-matched YA pickleballers, but upper body strength/fatigue were not. Pickleball should be combined with meeting resistance training guidelines to maintain whole body physical function with aging

Mouse cytomegalovirus-experienced ILC1s acquire a memory response dependent on the viral glycoprotein m12.

Innate lymphoid cells (ILCs) are tissue-resident sentinels that are essential for early host protection from pathogens at initial sites of infection. However, whether pathogen-derived antigens directly modulate the responses of tissue-resident ILCs has remained unclear. In the present study, it was found that liver-resident type 1 ILCs (ILC1s) expanded locally and persisted after the resolution of infection with mouse cytomegalovirus (MCMV). ILC1s acquired stable transcriptional, epigenetic and phenotypic changes a month after the resolution of MCMV infection, and showed an enhanced protective effector response to secondary challenge with MCMV consistent with a memory lymphocyte response. Memory ILC1 responses were dependent on the MCMV-encoded glycoprotein m12, and were independent of bystander activation by proinflammatory cytokines after heterologous infection. Thus, liver ILC1s acquire adaptive features in an MCMV-specific manner

CellLab-CTS 2015: continuous-time stochastic cellular automaton modeling using Landlab

CellLab-CTS 2015 is a Python-language software library for creating two-dimensional, continuous-time stochastic (CTS) cellular automaton models. The model domain consists of a set of grid nodes, with each node assigned an integer state code that represents its condition or composition. Adjacent pairs of nodes may undergo transitions to different states, according to a user-defined average transition rate. A model is created by writing a Python code that defines the possible states, the transitions, and the rates of those transitions. The code instantiates, initializes, and runs one of four object classes that represent different types of CTS models. CellLab-CTS provides the option of using either square or hexagonal grid cells. The software provides the ability to treat particular grid-node states as moving particles, and to track their position over time. Grid nodes may also be assigned user-defined properties, which the user can update after each transition through the use of a callback function. As a component of the Landlab modeling framework, CellLab-CTS models take advantage of a suite of Landlab's tools and capabilities, such as support for standardized input and output

The Landlab v1.0 OverlandFlow component: a Python tool for computing shallow-water flow across watersheds

Representation of flowing water in landscape evolution models (LEMs) is often simplified compared to hydrodynamic models, as LEMs make assumptions reducing physical complexity in favor of computational efficiency. The Landlab modeling framework can be used to bridge the divide between complex runoff models and more traditional LEMs, creating a new type of framework not commonly used in the geomorphology or hydrology communities. Landlab is a Python-language library that includes tools and process components that can be used to create models of Earth-surface dynamics over a range of temporal and spatial scales. The Landlab OverlandFlow component is based on a simplified inertial approximation of the shallow water equations, following the solution of de Almeida et al. (2012). This explicit two-dimensional hydrodynamic algorithm simulates a flood wave across a model domain, where water discharge and flow depth are calculated at all locations within a structured (raster) grid. Here we illustrate how the OverlandFlow component contained within Landlab can be applied as a simplified event-based runoff model and how to couple the runoff model with an incision model operating on decadal timescales. Examples of flow routing on both real and synthetic landscapes are shown. Hydrographs from a single storm at multiple locations in the Spring Creek watershed, Colorado, USA, are illustrated, along with a map of shear stress applied on the land surface by flowing water. The OverlandFlow component can also be coupled with the Landlab DetachmentLtdErosion component to illustrate how the nonsteady flow routing regime impacts incision across a watershed. The hydrograph and incision results are compared to simulations driven by steady-state runoff. Results from the coupled runoff and incision model indicate that runoff dynamics can impact landscape relief and channel concavity, suggesting that on landscape evolution timescales, the OverlandFlow model may lead to differences in simulated topography in comparison with traditional methods. The exploratory test cases described within demonstrate how the OverlandFlow component can be used in both hydrologic and geomorphic applications