L'équité procédurale

Dans l'arrêt Nicholson rendu en 1979, la Cour suprême reconnaissait sans ambages l'existence au Canada d'une obligation d'agir équitablement incombant aux organismes administratifs. Plus d'une dizaine d'années plus tard, malgré une abondante jurisprudence et littérature sur le sujet, les contours de la notion d'équité demeurent encore flous pour plus d'un juriste. Afin de mieux circonscrire la portée et définir la nature de cette obligation, les auteurs offrent une synthèse et une analyse de la jurisprudence canadienne selon les principaux domaines ou secteurs du droit où cette notion a été développée et appliquée, en particulier, les organismes publics chargés de faire enquête, ceux dont la décision affectent le droit d'une personne d'exercer sa profession et les institutions carcérales.In Nicholson (1979), the Supreme Court of Canada recognized the existence of a duty to act fairly upon administrative decision-makers. In spite of numerous judgments rendered and literature found on the subject since then, the concept of fairness remains extremely difficult to define. The authors believe that the folowing summary and analysis of Canadian case-law on procedural fairness focussed on three of its main fields of application (public inquiries, decision from public bodies affecting a person's employment and decisions within penal institutions) will allow a better understanding of the nature and scope of the duty to act fairly

Between Objectivity and Openness—The Mediality of Data for Journalism

A number of recent high profile news events have emphasised the importance of data as a journalistic resource. But with no definitive definition for what constitutes data in journalism, it is difficult to determine what the implications of collecting, analysing, and disseminating data are for journalism, particularly in terms of objectivity in journalism. Drawing selectively from theories of mediation and research in journalism studies we critically examine how data is incorporated into journalistic practice. In the first half of the paper, we argue that data\u27s value for journalism is constructed through mediatic dimensions that unevenly evoke different socio-technical contexts including scientific research and computing. We develop three key dimensions related to data\u27s mediality within journalism: the problem of scale, transparency work, and the provision of access to data as \u27openness\u27. Having developed this first approach, we turn to a journalism studies perspective of journalism\u27s longstanding "regime of objectivity", a regime that encompasses interacting news production practices, epistemological assumptions, and institutional arrangements, in order to consider how data is incorporated into journalism\u27s own established procedures for producing objectivity. At first sight, working with data promises to challenge the regime, in part by taking a more conventionalist or interpretivist epistemological position with regard to the representation of truth. However, we argue that how journalists and other actors choose to work with data may in some ways deepen the regime\u27s epistemological stance. We conclude by outlining a set of questions for future research into the relationship between data, objectivity and journalism

The International Law of Discovery, Indigenous Peoples, and Chile

law in force at the time they were asserted.11 We hope that our effort will add to the work that has already been completed, and to that which is currently under way, to erase the Doctrine from international and national laws and to help reverse some of its pernicious effects on indigenous peoples. In Part II, we describe what the Doctrine of Discovery is, how it was developed in Europe, and how it was applied by Spain in the New World. Part III examines Chilean history and law to investigate whether Spanish and Chilean governments applied the Doctrine to the indigenous peoples that inhabited that region. We conclude in Part IV that Chile, just as all colonizing settler countries, must first recognize their use of the feudal, ethnocentric, racial, and religiously inspired international law of Discovery against indigenous peoples. Any attempt to redress past wrongs, and to create a more positive and equal future for all Chileans, must begin with recognition of this truth. From there, serious efforts should be made to eradicate the vestiges of Discovery from Chilean law and culture

The International Law of Discovery, Indigenous Peoples, and Chile

law in force at the time they were asserted.11 We hope that our effort will add to the work that has already been completed, and to that which is currently under way, to erase the Doctrine from international and national laws and to help reverse some of its pernicious effects on indigenous peoples. In Part II, we describe what the Doctrine of Discovery is, how it was developed in Europe, and how it was applied by Spain in the New World. Part III examines Chilean history and law to investigate whether Spanish and Chilean governments applied the Doctrine to the indigenous peoples that inhabited that region. We conclude in Part IV that Chile, just as all colonizing settler countries, must first recognize their use of the feudal, ethnocentric, racial, and religiously inspired international law of Discovery against indigenous peoples. Any attempt to redress past wrongs, and to create a more positive and equal future for all Chileans, must begin with recognition of this truth. From there, serious efforts should be made to eradicate the vestiges of Discovery from Chilean law and culture

Cerebellar transcranial magnetic stimulation : the role of coil geometry and tissue depth

BACKGROUND: While transcranial magnetic stimulation (TMS) coil geometry has important effects on the evoked magnetic field, no study has systematically examined how different coil designs affect the effectiveness of cerebellar stimulation. HYPOTHESIS: The depth of the cerebellar targets will limit efficiency. Angled coils designed to stimulate deeper tissue are more effective in eliciting cerebellar stimulation. METHODS: Experiment 1 examined basic input–output properties of the figure-of-eight, batwing and double-cone coils, assessed with stimulation of motor cortex. Experiment 2 assessed the ability of each coil to activate cerebellum, using cerebellar-brain inhibition (CBI). Experiment 3 mapped distances from the scalp to cerebellar and motor cortical targets in a sample of 100 subjects' structural magnetic resonance images. RESULTS: Experiment 1 showed batwing and double-cone coils have significantly lower resting motor thresholds, and recruitment curves with steeper slopes than the figure-of-eight coil. Experiment 2 showed the double-cone coil was the most efficient for eliciting CBI. The batwing coil induced CBI only at higher stimulus intensities. The figure-of-eight coil did not elicit reliable CBI. Experiment 3 confirmed that cerebellar tissue is significantly deeper than primary motor cortex tissue, and we provide a map of scalp-to-target distances. CONCLUSIONS: The double-cone and batwing coils designed to stimulate deeper tissue can effectively stimulate cerebellar targets. The double-cone coil was found to be most effective. The depth map provides a guide to the accessible regions of the cerebellar volume. These results can guide coil selection and stimulation parameters when designing cerebellar TMS studies

A Rapid Scoping Review on Academic Integrity and Algorithmic Writing Technologies

This presentation provides insight into the development and findings of a rapid scoping review centred on the intersections of academic integrity and artificial intelligence, with particular attention to algorithmic writing technologies (e.g., ChatGPT) involving faculty, students, teaching assistants, academic student support staff, and educational developers in higher education contexts. This rapid scoping review was developed by a transdisciplinary team including Communication studies, Education, Engineering, and English, and followed Joanna Brigg Institute’s (JBI) updated manual for scoping reviews and the Preferred Reporting Items for Systematic reviews Meta-Analysis (PRISMA) reporting standards. JBI provides a high-quality, trusted framework for conducting these kinds of studies. This inquiry’s study design includes qualitative, quantitative, mixed methods, theoretical and opinion studies; additionally, this inquiry did not restrict studies by geographic location and focused on sources written in English. This review’s studies involved faculty, students, teaching assistants, academic support staff, and educational developers in higher education. It also included studies about artificial intelligence in the context of academic integrity, focusing on artificial intelligence tools that assist text generation and writing developed in Tertiary type A and B postsecondary education. Studies excluded from this review were related to primary and secondary education contexts, did not address the ethical implications of artificial intelligence, and focused on text plagiarism software. The protocol of this rapid review was published in the Canadian Perspectives on Academic Integrity Journal. Its implementation helped this team identify various ethical implications signalled by scholars between 2007 and 2022. Considering the expansive emergence of these technologies and the multiple positionings derived from these new and unprecedented encounters with such technology, we believe that the implications identified in this rapid scoping review are particularly relevant to inform academic staff, administration, students, and academic integrity researchers’ ethical decision-making and practices when teaching, learning, designing, and implementing assessments, and doing research. The findings of this rapid scoping review encompass nuanced perspectives concerning the ethical and unethical uses of these emerging technologies and insights into equity, diversity, and inclusion issues

Forecast-Based Interference : Modelling Multicore Interference from Observable Factors

While there is significant interest in the use of COTS multicore platforms for Real-time Systems, there has been very little in terms of practical methods to calculate the interference multiplier (i.e. the increase in execution time due to interference) between tasks on such systems. COTS multicore platforms present two distinct challenges: firstly, the variable interference between tasks competing for shared resources such as cache, and secondly the complexity of the hardware mechanisms and policies used, which may result in a system which is very difficult if not impossible to analyse; assuming that the exact details of the hardware are even disclosed! This paper proposes a new technique, Forecast-Based Interference analysis, which mitigates both of these issues by combining measurement-based techniques with statistical techniques and forecast modelling to enable the prediction of an interference multiplier for a given set of tasks, in an automated and reliable manner. The combination of execution times and interference multipliers can be used both in the design, e.g. for specifying timing watchdogs, and analysis, e.g. verifying schedulability

On the analysis of random replacement caches using static probabilistic timing methods for multi-path programs

Probabilistic hard real-time systems, based on hardware architectures that use a random replacement cache, provide a potential means of reducing the hardware over-provision required to accommodate pathological scenarios and the associated extremely rare, but excessively long, worst-case execution times that can occur in deterministic systems. Timing analysis for probabilistic hard real-time systems requires the provision of probabilistic worst-case execution time (pWCET) estimates. The pWCET distribution can be described as an exceedance function which gives an upper bound on the probability that the execution time of a task will exceed any given execution time budget on any particular run. This paper introduces a more effective static probabilistic timing analysis (SPTA) for multi-path programs. The analysis estimates the temporal contribution of an evict-on-miss, random replacement cache to the pWCET distribution of multi-path programs. The analysis uses a conservative join function that provides a proper over-approximation of the possible cache contents and the pWCET distribution on path convergence, irrespective of the actual path followed during execution. Simple program transformations are introduced that reduce the impact of path indeterminism while ensuring sound pWCET estimates. Evaluation shows that the proposed method is efficient at capturing locality in the cache, and substantially outperforms the only prior approach to SPTA for multi-path programs based on path merging. The evaluation results show incomparability with analysis for an equivalent deterministic system using an LRU cache. For some benchmarks the performance of LRU is better, while for others, the new analysis techniques show that random replacement has provably better performance

Individual and population dietary specialization decline in fin whales during a period of ecosystem shift

Abstract This study sought to estimate the effect of an anthropogenic and climate-driven change in prey availability on the degree of individual and population specialization of a large marine predator, the fin whale (Balaenoptera physalus). We examined skin biopsies from 99 fin whales sampled in the St. Lawrence Estuary (Canada) over a nine year period (1998–2006) during which environmental change was documented. We analyzed stable isotope ratios in skin and fatty acid signatures in blubber samples of whales, as well as in seven potential prey species, and diet was quantitatively assessed using Bayesian isotopic models. An abrupt change in fin whale dietary niche coincided with a decrease in biomass of their predominant prey, Arctic krill (Thysanoessa spp.). This dietary niche widening toward generalist diets occurred in nearly 60% of sampled individuals. The fin whale population, typically composed of specialists of either krill or lipid-rich pelagic fishes, shifted toward one composed either of krill specialists or true generalists feeding on various zooplankton and fish prey. This change likely reduced intraspecific competition. In the context of the current “Atlantification” of northern water masses, our findings emphasize the importance of considering individual-specific foraging tactics and not only population or group average responses when assessing population resilience or when implementing conservation measures

Academic Integrity and Artificial Intelligence in Higher Education Contexts: A Rapid Scoping Review Protocol

This paper presents a protocol with methodological considerations for a rapid scoping review on academic integrity and artificial intelligence in higher education. This protocol follows Joanna Brigg Institute’s (JBI) updated manual for scoping reviews and the Preferred Reporting Items for Systematic reviews Meta-Analysis (PRISMA) reporting standards. This rapid scoping review aims to identify the breadth of the literature reflecting the intersection of academic integrity and artificial intelligence in higher education institutions. The included studies in the review will be analyzed for insight concerning this emerging area, particularly its ethical implications. Our findings will be relevant for academic staff, administration, and leadership in higher education and academic integrity researchers