Criminal Law and the Counter-Hegemonic Potential of Harm Reduction

Harm reduction approaches to drug use have been lauded for saving lives, being cost-effective, elevating pragmatism over prohibitionist ideology, being flexible in tailoring responses to the problem, and for their counter-hegemonic potential to empower people who use drugs. This article examines the legal systems engagement with harm reduction, and, in particular,recent cases that incorporate harm reduction s focus on empirical evidence in policy making into Canadian constitutional rights jurisprudence. It argues that harm reduction approaches in this venue may hold promise as a bulwark against some of the marginalizing features of traditional criminaljustice approaches. However, the article also warns of a risk of inadvertently reinforcing the dominant discourse of criminalization and stigmatization as harm reduction s features are embodied within the institutional frameworks of the state

The Arbitrariness in “Arbitrariness” (And Overbreadth and Gross Disproportionality): Principle and Democracy in Section 7 of the Charter

This paper examines the rise to prominence of proportionality analysis in section 7 of the Canadian Charter of Rights and Freedoms. In recent years, the Supreme Court of Canada has affirmed that any law affecting life, liberty and security of the person must not be arbitrary, overbroad or grossly disproportionate. The expansion of section 7’s substantive scope to include means-testing government action re-engages concerns about judicial capriciousness that have troubled section 7 since its early days. This paper examines this concern in light of section 7’s history. It suggests that the prominence of proportionality analysis in section 7 may be understood as, in part, an effort to avoid the difficult task of setting normative boundaries on the scope of the provision. This paper argues that substantive values are inescapable as courts identify and frame these goals and scrutinize proportionality with close attention to real-world impacts of government action. Drawing on comparisons with the role played by proportionality analysis in section 1 of the Charter, the paper suggests that means-testing government policy should be guided by the Court’s institutional role, but with careful attention to the substantive purpose of section 7 of the Charter as a right, a purpose that includes protection against overweening majoritarianism. Such a purposive interpretation may permit proportionality analysis to be informed by democratic deficits and political powerlessness in government law and policy-making processes

The Arbitrariness in “Arbitrariness” (And Overbreadth and Gross Disproportionality): Principle and Democracy in Section 7 of the Charter

This paper examines the rise to prominence of proportionality analysis in section 7 of the Canadian Charter of Rights and Freedoms. In recent years, the Supreme Court of Canada has affirmed that any law affecting life, liberty and security of the person must not be arbitrary, overbroad or grossly disproportionate. The expansion of section 7’s substantive scope to include means-testing government action re-engages concerns about judicial capriciousness that have troubled section 7 since its early days. This paper examines this concern in light of section 7’s history. It suggests that the prominence of proportionality analysis in section 7 may be understood as, in part, an effort to avoid the difficult task of setting normative boundaries on the scope of the provision. This paper argues that substantive values are inescapable as courts identify and frame these goals and scrutinize proportionality with close attention to real-world impacts of government action. Drawing on comparisons with the role played by proportionality analysis in section 1 of the Charter, the paper suggests that means-testing government policy should be guided by the Court’s institutional role, but with careful attention to the substantive purpose of section 7 of the Charter as a right, a purpose that includes protection against overweening majoritarianism. Such a purposive interpretation may permit proportionality analysis to be informed by democratic deficits and political powerlessness in government law and policy-making processes

Section 7 of the Charter and the Principled Assignment of Legislative Jurisdiction

This paper argues that in deciding whether state action is arbitrary, overbroad or disproportionate, contrary to section 7 of the Canadian Charter of Rights and Freedoms, courts should look beyond the relationship between the means and ends of state action and toward broader considerations about the democratic context in which such action occurs. The case of Canada (Attorney General) v. PHS Community Services Society is taken as the paper’s starting point. The re, the Supreme Court of Canada overturned the federal Minister of Health’s decision to deny Insite — a provincially supported safe injection site — an exemption from drug laws. The Court, in finding the denial arbitrary and overbroad, relied heavily on the factual record of Insite’s effectiveness vis-à-vis health and safety: Vancouver’s Downtown Eastside was facing a public health crisis related to drug use; the criminal law was not succeeding in addressing the problem; and Insite, which had benefitted from six previous years of ministerial exemption, had proven itself through multiple scientific studies to be capable of saving lives without threatening public safety. This paper advances the oretical and doctrinal arguments that the Court could have considered Insite’s heightened democratic legitimacy in determining whether the ministerial decision was arbitrary and disproportionate. If one purpose of constitutional rights is to protect those marginalized from democratic processes from an overweening state, the n arbitrariness and disproportionality should be more broadly understood. The analysis should consider, in addition to evidence about a law’s effectiveness in achieving its ends, the relative democratic legitimacy with which decisions are made. Insite, unlike the criminal law and ministerial decisions to deny any exemption, was created through the grassroots efforts of groups and individuals whose interests are least likely to be represented in traditional elected government, and was ultimately endorsed by provincial and municipal government. This pathway from the grassroots to provincial health policy was made possible by a provincial transfer of responsibility for drug services to regional health authorities precisely for the purpose of ensuring locally tailored, evidence-based health policies. The proposed interpretation of section 7 would allow the Charter to effectively play a jurisdiction-assigning function in areas of constitutional overlap between provincial health and federal criminal jurisdiction

A Educação Ambiental por meio da ludicidade: uma proposta didática

The current text describe a study developed in a didactic interventation way, carried out in a primary grade fifth class on Science discipline within the Educational Environmental thematic. The central issue was to verify what extend a didactic intervention, shaped through ludic activities, can encourage the students to reflect upon the causes, consequences and possible solutions to environmental problems of their community. The data to elaborate the didactic sequence were obtained through a initial questionnaire which aimed to identify the main environmental problems faced by students in their community. The relevance of this pedagogical intervention was evaluated through teacher-researcher logbook. The results achieved allowed to identify that environment projects implementation is a suitable experience to make the Science teaching more attractive, providing students extend their knowledge and become more reflective about their role in society and community in which they live.O presente texto refere-se a um estudo desenvolvido na forma de intervenção didática realizada na disciplina de Ciências, especificamente sobre a temática Educação Ambiental, com uma turma de quinto ano do ensino fundamental. A questão central do estudo foi verificar em que medida uma intervenção didática estruturada por meio de atividades lúdicas pode estimular os educandos a refletir sobre as causas, consequências e possíveis soluções para os problemas ambientais de sua comunidade. Os dados para elaboração da sequência didática – estruturada a partir de atividade lúdicas – foram obtidos por meio de um questionário inicial que visou a identificar os principais problemas ambientais enfrentados pelos alunos. A pertinência de tal intervenção didática foi avaliada mediante o diário de bordo da professora pesquisadora. Os resultados obtidos permitiram constatar que a realização de projetos ambientais é uma prática indicada para tornar o ensino de Ciências mais atrativo, fazendo com que os alunos ampliem seus conhecimentos e se tornem mais reflexivos sobre seu papel na sociedade e comunidade em que vivem

The BLAST View of the Star Forming Region in Aquila (ell=45deg,b=0deg)

We have carried out the first general submillimeter analysis of the field towards GRSMC 45.46+0.05, a massive star forming region in Aquila. The deconvolved 6 deg^2 (3\degree X 2\degree) maps provided by BLAST in 2005 at 250, 350, and 500 micron were used to perform a preliminary characterization of the clump population previously investigated in the infrared, radio, and molecular maps. Interferometric CORNISH data at 4.8 GHz have also been used to characterize the Ultracompact HII regions (UCHIIRs) within the main clumps. By means of the BLAST maps we have produced an initial census of the submillimeter structures that will be observed by Herschel, several of which are known Infrared Dark Clouds (IRDCs). Our spectral energy distributions of the main clumps in the field, located at ~7 kpc, reveal an active population with temperatures of T~35-40 K and masses of ~10^3 Msun for a dust emissivity index beta=1.5. The clump evolutionary stages range from evolved sources, with extended HII regions and prominent IR stellar population, to massive young stellar objects, prior to the formation of an UCHIIR.The CORNISH data have revealed the details of the stellar content and structure of the UCHIIRs. In most cases, the ionizing stars corresponding to the brightest radio detections are capable of accounting for the clump bolometric luminosity, in most cases powered by embedded OB stellar clusters

Early-Warning Signals of Individual Tree Mortality Based on Annual Radial Growth

Tree mortality is a key driver of forest dynamics and its occurrence is projected to increase in the future due to climate change. Despite recent advances in our understanding of the physiological mechanisms leading to death, we still lack robust indicators of mortality risk that could be applied at the individual tree scale. Here, we build on a previous contribution exploring the differences in growth level between trees that died and survived a given mortality event to assess whether changes in temporal autocorrelation, variance, and synchrony in time-series of annual radial growth data can be used as early warning signals of mortality risk. Taking advantage of a unique global ring-width database of 3065 dead trees and 4389 living trees growing together at 198 sites (belonging to 36 gymnosperm and angiosperm species), we analyzed temporal changes in autocorrelation, variance, and synchrony before tree death (diachronic analysis), and also compared these metrics between trees that died and trees that survived a given mortality event (synchronic analysis). Changes in autocorrelation were a poor indicator of mortality risk. However, we found a gradual increase in inter- annual growth variability and a decrease in growth synchrony in the last similar to 20 years before mortality of gymnosperms, irrespective of the cause of mortality. These changes could be associated with drought-induced alterations in carbon economy and allocation patterns. In angiosperms, we did not find any consistent changes in any metric. Such lack of any signal might be explained by the relatively high capacity of angiosperms to recover after a stress-induced growth decline. Our analysis provides a robust method for estimating early-warning signals of tree mortality based on annual growth data. In addition to the frequently reported decrease in growth rates, an increase in inter-annual growth variability and a decrease in growth synchrony may be powerful predictors of gymnosperm mortality risk, but not necessarily so for angiosperms.Peer reviewe

Risk spillovers between cryptocurrencies and traditional currencies and gold under different global economic conditions

[[abstract]]This paper applies a Diagonal BEKK model to investigate the risk spillovers of three major cryptocurrencies to ten leading traditional currencies and two gold prices (Spot Gold and Gold Futures). The daily data used are from 7 August 2015 to 15 June 2020. The dataset is analyzed in its entirety and is also subdivided into four distinct subsets in order to study and compare the patterns of spillover effects during economic turmoil, such as the 2018 cryptocurrency crash and the COVID-19 pandemic. The results reveal significant co-volatility spillover effects between cryptocurrency and traditional currency or gold markets, especially during the whole sample period and amid the uncertainty raised by COVID-19. The capabilities of cryptocurrency are time-varying and related to economic uncertainty or shocks. There are significant differences between normal and extreme markets with regard to the capabilities of cryptocurrency as a diversifier, a hedge or a safe haven. We find the significant co-volatility spillover effects are asymmetric in most cases especially during the COVID-19 pandemic period, which means the negative return shocks have larger impacts on co-volatility than positive return shocks of the same magnitude. Evidently, cryptocurrencies and traditional currencies or gold can be incorporated into financial portfolios for financial market participants who seek effective risk management and also for optimal dynamic hedging purposes against economic turmoil and downward movements.[[notice]]補正完

TRY plant trait database – enhanced coverage and open access

Plant traits - the morphological, anatomical, physiological, biochemical and phenological characteristics of plants - determine how plants respond to environmental factors, affect other trophic levels, and influence ecosystem properties and their benefits and detriments to people. Plant trait data thus represent the basis for a vast area of research spanning from evolutionary biology, community and functional ecology, to biodiversity conservation, ecosystem and landscape management, restoration, biogeography and earth system modelling. Since its foundation in 2007, the TRY database of plant traits has grown continuously. It now provides unprecedented data coverage under an open access data policy and is the main plant trait database used by the research community worldwide. Increasingly, the TRY database also supports new frontiers of trait‐based plant research, including the identification of data gaps and the subsequent mobilization or measurement of new data. To support this development, in this article we evaluate the extent of the trait data compiled in TRY and analyse emerging patterns of data coverage and representativeness. Best species coverage is achieved for categorical traits - almost complete coverage for ‘plant growth form’. However, most traits relevant for ecology and vegetation modelling are characterized by continuous intraspecific variation and trait–environmental relationships. These traits have to be measured on individual plants in their respective environment. Despite unprecedented data coverage, we observe a humbling lack of completeness and representativeness of these continuous traits in many aspects. We, therefore, conclude that reducing data gaps and biases in the TRY database remains a key challenge and requires a coordinated approach to data mobilization and trait measurements. This can only be achieved in collaboration with other initiatives

Section 7 of the Charter and the Principled Assignment of Legislative Jurisdiction

This paper argues that in deciding whether state action is arbitrary, overbroad or disproportionate, contrary to section 7 of the Canadian Charter of Rights and Freedoms, courts should look beyond the relationship between the means and ends of state action and toward broader considerations about the democratic context in which such action occurs. The case of Canada (Attorney General) v. PHS Community Services Society is taken as the paper’s starting point. The re, the Supreme Court of Canada overturned the federal Minister of Health’s decision to deny Insite — a provincially supported safe injection site — an exemption from drug laws. The Court, in finding the denial arbitrary and overbroad, relied heavily on the factual record of Insite’s effectiveness vis-à-vis health and safety: Vancouver’s Downtown Eastside was facing a public health crisis related to drug use; the criminal law was not succeeding in addressing the problem; and Insite, which had benefitted from six previous years of ministerial exemption, had proven itself through multiple scientific studies to be capable of saving lives without threatening public safety. This paper advances the oretical and doctrinal arguments that the Court could have considered Insite’s heightened democratic legitimacy in determining whether the ministerial decision was arbitrary and disproportionate. If one purpose of constitutional rights is to protect those marginalized from democratic processes from an overweening state, the n arbitrariness and disproportionality should be more broadly understood. The analysis should consider, in addition to evidence about a law’s effectiveness in achieving its ends, the relative democratic legitimacy with which decisions are made. Insite, unlike the criminal law and ministerial decisions to deny any exemption, was created through the grassroots efforts of groups and individuals whose interests are least likely to be represented in traditional elected government, and was ultimately endorsed by provincial and municipal government. This pathway from the grassroots to provincial health policy was made possible by a provincial transfer of responsibility for drug services to regional health authorities precisely for the purpose of ensuring locally tailored, evidence-based health policies. The proposed interpretation of section 7 would allow the Charter to effectively play a jurisdiction-assigning function in areas of constitutional overlap between provincial health and federal criminal jurisdiction