72 research outputs found
Faith and/in Medicine: Religious and Conscientious Objections to MAiD
Across Canada, health care institutions that operate under the umbrella of religious traditions refuse to offer medical assistance in dying (MAiD) on the grounds that it violates their Charter-protected rights to freedom of religion and conscience. This article analyses the Supreme Court jurisprudence on section 2(a) and concludes that it should not extend to the protection of institutional rights. While the Court has not definitively pronounced a view on this matter, its jurisprudence suggests that any institutional right to freedom of religion would not extend to decisions on publicly-funded and legal health care. MAiD is a constitutionally-protected option for individuals and both courts and governments should prioritize an individualās right to access health care over any institutional considerations. Health care regulatory bodies already offer individual health care practitioners the compromise of making an effective referral to a non-objecting colleague in matters that implicate conscientious or religious objections. Institutions may be filled with people, but they are built of bricks and mortar. The institutions themselves should not take a moral stance on this complex social issue. They most certainly should not take an oppositional position to the Charter-protected rights of patients. The author concludes that provincial governments across this country must appreciate their duty to be neutral on matters of conscience and religion and take strong leadership roles in making clear to publicly-funded institutions that they must not deny medical services solely on religious or conscientious grounds.
Dans tout le Canada, des eĢtablissements de soins de santeĢ qui fonctionnent sous lāeĢgide de traditions religieuses refusent dāoffrir lāassistance meĢdicale aĢ mourir au motif que cela viole leur droit aĢ la liberteĢ de religion et de conscience proteĢgeĢ par la Charte. Dans le preĢsent article, nous analysons la jurisprudence de la Cour supreĢme relative aĢ lāalineĢa 2a) et concluons quāelle ne devrait pas sāeĢtendre aĢ la protection des droits des eĢtablissements. Bien que la Cour ne se soit pas deĢfinitivement prononceĢe sur cette question, sa jurisprudence indique que le droit aĢ la liberteĢ de religion dāun eĢtablissement ne saurait sāeĢtendre aux deĢcisions relatives aux soins de santeĢ leĢgaux et financeĢs par lāEĢtat. Lāassistance meĢdicale aĢ mourir est une option proteĢgeĢe par la Constitution et les tribunaux comme les gouvernements devraient donner la prioriteĢ au droit dāune personne dāy acceĢder. Les organismes de reĢglementation des soins de santeĢ offrent deĢjaĢ aux praticiens le compromis de reĢfeĢrer un patient aĢ un colleĢgue non objecteur dans les cas dāobjections de conscience ou religieuses. Les eĢtablissements peuvent eĢtre remplis de personnes, mais ils sont construits de briques et de mortier. Les eĢtablissements eux-meĢmes ne devraient pas adopter une position morale sur cette question sociale complexe. Ils ne devraient certainement pas sāopposer au respect des droits des patients proteĢgeĢs par la Charte. Lāauteur conclut que les gouvernements provinciaux de tout le pays doivent tenir compte de leur devoir de neutraliteĢ sur les questions de conscience et de religion et assumer un roĢle de leadership fort en indiquant clairement aux eĢtablissements financeĢs par lāEĢtat quāils ne doivent pas refuser des services meĢdicaux uniquement pour des raisons religieuses ou de conscience
The Silence of Section 15: Searching for Equality at the Supreme Court of Canada in 2007
This paper considers the Supreme Court of Canadaās 2007 section 15 jurisprudence, and analyzes the āyear that wasnātā. The Equality Rights provision was only referred to in four cases, and in each instance the Courtās reasoning was very brief, amounting at best to a handful of paragraphs. While the Supreme Court may have been subdued in its equality rights jurisprudence in 2007, equality-seekers should not ignore what did (or did not) happen in the past year. The author reviews Charkaoui v. Canada (Citizenship and Immigration), Canada (Attorney General) v. Hislop, Health Services and Support-Facilities Subsector Bargaining Assn. v. British Columbia (B.C. Health Services) and Baier v. Alberta, and considers what the Court said about section 15 in each decision, as well as what might have been said. The author concludes that we should be particularly concerned about the decision in B.C. Health Services, for its failure to consider the intersecting oppressions of gender and occupational status results in serious limitations to understanding intersecting grounds of disadvantage. The 2007 cases might have offered a chance to acknowledge unfortunate developments in section 15 methodology and offer some guidance in restoring a vision of section 15 that focuses on substantive equality. Instead, the Court seriously curtailed the potential of equality litigation and further closed the door to advocates and intervenors interested in progressive equality interpretations
The Silence of Section 15: Searching for Equality at the Supreme Court of Canada in 2007
This paper considers the Supreme Court of Canadaās 2007 section 15 jurisprudence, and analyzes the āyear that wasnātā. The Equality Rights provision was only referred to in four cases, and in each instance the Courtās reasoning was very brief, amounting at best to a handful of paragraphs. While the Supreme Court may have been subdued in its equality rights jurisprudence in 2007, equality-seekers should not ignore what did (or did not) happen in the past year. The author reviews Charkaoui v. Canada (Citizenship and Immigration), Canada (Attorney General) v. Hislop, Health Services and Support-Facilities Subsector Bargaining Assn. v. British Columbia (B.C. Health Services) and Baier v. Alberta, and considers what the Court said about section 15 in each decision, as well as what might have been said. The author concludes that we should be particularly concerned about the decision in B.C. Health Services, for its failure to consider the intersecting oppressions of gender and occupational status results in serious limitations to understanding intersecting grounds of disadvantage. The 2007 cases might have offered a chance to acknowledge unfortunate developments in section 15 methodology and offer some guidance in restoring a vision of section 15 that focuses on substantive equality. Instead, the Court seriously curtailed the potential of equality litigation and further closed the door to advocates and intervenors interested in progressive equality interpretations
Asymptotic methods in the spectral analysis of Sturm-Liouville operators
Gilbert, D.: Asymptotic Methods in the Spectral Analysis of Sturm-Lioville Operators.Sturm-Liouville theory : Past and Present, 2005, pp 121-136
Bounds for the points of spectral concentration of sturm-liouville problems
Ā§1. Introduction. We consider the spectral function ĻĪ±(Ī») associated with the SturmāLiouville equation
with the boundary conditio
Higher derivatives of spectral functions associated with one-dimensional schrodinger operators
We investigate the existence and asymptotic behaviour of higher derivatives of the spectral function in the context of one-dimensional SchrĀØodinger operators on the half-line with integrable potentials. In particular, we identify sufficient conditions on the potential for the existence and continuity of the n-th derivative, and outline a systematic procedure for estimating numerical upper bounds for the turning points of such derivatives. Explicit worked examples illustrate the development and application of the theory
The spectral function for Sturm-Liouville problems where the potential is of Wigner-von Neumann type or slowly decaying
We consider the linear, second-order, differential equation (ā) with the boundary condition (āā)
We suppose that q(x) is real-valued, continuously differentiable and that q(x)ā0 as xāā with qāL1[0,ā). Our main object of study is the spectral function ĻĪ±(Ī») associated with () and (). We derive a series expansion for this function, valid for Ī»ā©¾Ī0 where Ī0 is computable and establish a Ī1, also computable, such that () and () with Ī±=0, have no points of spectral concentration for Ī»ā©¾Ī1. We illustrate our results with examples. In particular we consider the case of the Wignerāvon Neumann potential
Reading Interest and Behavior in Middle School Students in Innercity and Rural Settings
We examined the reading interest and behavior of students in one rural (n = 664) and one inner-city (n = 510) middle school. Responses to the questionnaire indicated that in general, middle school students are not interested in reading and spend very little time engaged in various reading activities. Further analysis of the data showed differences among school, gender, and grade in responses to the questionnaire. Therefore, although one can make broad claims about middle school students, we propose that it may be useful to look also at different groups of middle school students when trying to make decisions concerning this population
The evolution of mammalian brain size
Relative brain size has long been considered a reflection of cognitive capacities and has played a fundamental role in developing core theories in the life sciences. Yet, the notion that relative brain size validly represents selection on brain size relies on the untested assumptions that brain-body allometry is restrained to a stable scaling relationship across species and that any deviation from this slope is due to selection on brain size. Using the largest fossil and extant dataset yet assembled, we find that shifts in allometric slope underpin major transitions in mammalian evolution and are often primarily characterized by marked changes in body size. Our results reveal that the largest-brained mammals achieved large relative brain sizes by highly divergent paths. These findings prompt a reevaluation of the traditional paradigm of relative brain size and open new opportunities to improve our understanding of the genetic and developmental mechanisms that influence brain size
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