Thin or Thick Inclusiveness? The Constitutional Duty to Consult and Accommodate First Nations in Canada

What has the addition of aboriginal rights to the Canadian constitution in 1982 meant for the place of First Nations’ interests in the Canadian constitutional order? This article considers this question in the context of natural resource exploitation – specifically, the exploitation of the oil or tar sands in Alberta. It details some of the leading jurisprudence surrounding Section 35 of the Constitution Act 1982, the section of the Constitution recognizing existing aboriginal and treaty rights. Arguably, Section 35 represented an important effort to improve the status of aboriginal peoples in Canada, to enhance the extent to which Canada included and respected the values and interests of First Nations. The article specifically considers how the judicial interpretation of the Crown’s duty to consult and accommodate aboriginal peoples is related to the theme of inclusivity. It argues that the general thrust of judicial interpretation has promoted a thin, or procedural, version of inclusiveness rather than a substantive, or thicker, one. Such a thicker version of inclusiveness would be one in which the pace of oil sands exploitation is moderated or halted in order to allow First Nations to engage in traditional activities connected intimately with aboriginal and treaty rights

Solubility behaviour, crystallisation kinetics and pour point : a comparison of linear alkane and triacyl glyceride solute/solvent mixtures

Mixtures of either a hydrocarbon wax in a hydrocarbon solvent or a long chain triacyl glyceride (TAG) in a TAG solvent show complex solubility boundary temperature hysteresis and precipitated crystal network formation leading to gelation. For these industrially-important systems, we show how the equilibrium solubility and its hysteresis, crystallisation kinetics and pour point temperature vary with solute concentration for representative examples of both hydrocarbon (n-tetracosane (C24) solute in n-heptane (C7) solvent) and TAG (tristearin (SSS) solute in tricaprylin (CCC) solvent) mixtures. The behaviour is modelled with good accuracy; thereby providing a useful aid to formulation and process optimisation

The implementation and use of Ada on distributed systems with reliability requirements

The issues involved in the use of the programming language Ada on distributed systems are discussed. The effects of Ada programs on hardware failures such as loss of a processor are emphasized. It is shown that many Ada language elements are not well suited to this environment. Processor failure can easily lead to difficulties on those processors which remain. As an example, the calling task in a rendezvous may be suspended forever if the processor executing the serving task fails. A mechanism for detecting failure is proposed and changes to the Ada run time support system are suggested which avoid most of the difficulties. Ada program structures are defined which allow programs to reconfigure and continue to provide service following processor failure

The implementation and use of Ada on distributed systems with high reliability requirements

The use and implementation of Ada in distributed environments in which reliability is the primary concern were investigated. In particular, the concept that a distributed system may be programmed entirely in Ada so that the individual tasks of the system are unconcerned with which processors they are executing on, and that failures may occur in the software or underlying hardware was examined. Progress is discussed for the following areas: continued development and testing of the fault-tolerant Ada testbed; development of suggested changes to Ada so that it might more easily cope with the failure of interest; and design of new approaches to fault-tolerant software in real-time systems, and integration of these ideas into Ada

Evaluation of outreach services for primary care and mental health; assessing the impact

Objectives: This paper reports an evaluation, carried out for London Health Libraries, of the impact of outreach services to primary care and mental health workers in thirteen different settings. The main aims of the project were to identify the impact being made by the service, and to produce best practice guidelines for outreach services in this kind of ‘difficult’ community setting. Methods: Methods used were: analysis of documents (all 13 services); analysis of any evaluation already performed by or for the service (all 13 services); interviews with outreach librarians (11 services); questionnaire survey of a representative sample of users (8 services, with 66 returned questionnaires, 35% response rate). The services evaluated were very diverse, in terms of setting, structure, functions and activities, and extent and nature of self-evaluation and reporting. The evaluation was therefore largely qualitative, in order to deal with the lack of a consistent ‘template’ for analysis. Emphasis was placed on trying to identify critical incidents , where it could be shown unambiguously that the outreach services made a difference to practice. Study limitations included the difficulty of summarising and comparing very different situations and diverse services, difficulty in identifying critical incidents, and an inability to study ‘non-users’. Findings: Service recipients felt better informed, more up- to-date, more aware of resources, more confident and supported in their work, and saved time. Services contributed to a richer information environment. Direct impacts, demonstrably improved patient care, cost savings etc., were more difficult to establish

Variability in concentrations of potentially toxic elements in urban parks from six European cities

Use of a harmonised sampling regime has allowed comparison of concentrations of copper, chromium, nickel, lead and zinc in six urban parks located in different European cities differing markedly in their climate and industrial history. Wide concentrations ranges were found for copper, lead and zinc at most sites, but for chromium and nickel a wide range was only seen in the Italian park, where levels were also considerably greater than in other soils. As might be expected, the soils from older cities with a legacy of heavy manufacturing industry (Glasgow, Torino) were richest in potentially toxic elements (PTEs); soils from Ljubljana, Sevilla and Uppsala had intermediate metal contents, and soils from the most recently established park, in the least industrialised city (Aveiro), displayed lowest concentrations. When principal component analysis was applied to the data, associations were revealed between pH and organic carbon content; and between all five PTEs. When pH and organic carbon content were excluded from the PCA, a distinction became clear between copper, lead and zinc (the "urban" metals) on the one hand, and chromium and nickel on the other. Similar results were obtained for the surface (0-10 cm depth) and sub-surface (10-20 cm depth) samples. Comparisons with target or limit concentrations were limited by the existence of different legislation in different countries and the fact that few guidelines deal specifically with public-access urban soils intended for recreational use

Molecular Line Emission Towards High-Mass Clumps: The MALT90 Catalogue

The Millimetre Astronomy Legacy Team 90 GHz (MALT90) survey aims to characterise the physical and chemical evolution of high-mass clumps. Recently completed, it mapped 90 GHz line emission toward 3246 high-mass clumps identified from the ATLASGAL 870 �m Galactic plane survey. By utilising the broad frequency coverage of the Mopra telescope's spectrometer, maps in 16 different emission lines were simultaneously obtained. Here we describe the �first line catalog of the detected emission, generated by Gaussian profile �fitting to spectra extracted toward each clumps' dust peak. Synthetic spectra show that the catalog has a completeness of >95%, a probability of a false-positive detection of <0.3%, and a relative uncertainty in the measured quantities of <20% over the range of detection criteria. We find that the detection rates are highest for the (1{0) molecular transitions of HCO+, HNC, N2H+, and HCN (72{88%). The majority of clumps (~� 95%) are detected in at least one of the molecular transitions, just under half of the clumps (�~48%) are detected in 4 or more of the transitions, while only 2 clumps are detected in 13 or more transitions. We find several striking trends in the ensemble of properties for the different molecular transitions when plotted as a function of the clumps' evolutionary state. In particular, the optically thickest HCO+ emission shows a `blue-red asymmetry' that indicates overall collapse that monotonically decreases as the clumps evolve. This catalog represents the largest compiled database of molecular line emission toward high-mass clumps and is a valuable data set for detailed studies of these objects

Ionisation-induced star formation III: Effects of external triggering on the IMF in clusters

We report on Smoothed Particle Hydrodynamics (SPH) simulations of the impact on a turbulent $\sim2\times10^{3}$ M$_{\odot}$ star--forming molecular cloud of irradiation by an external source of ionizing photons. We find that the ionizing radiation has a significant effect on the gas morphology, but a less important role in triggering stars. The rate and morphology of star formation are largely governed by the structure in the gas generated by the turbulent velocity field, and feedback has no discernible effect on the stellar initial mass function. Although many young stars are to be found in dense gas located near an ionization front, most of these objects also form when feedback is absent. Ionization has a stronger effect in diffuse regions of the cloud by sweeping up low--density gas that would not otherwise form stars into gravitationally--unstable clumps. However, even in these regions, dynamical interactions between the stars rapidly erase the correlations between their positions and velocities and that of the ionization front.Comment: 12 pages, 16 figures (some downgraded to fit on astro-ph), accepted for publication in MNRA

X-ray and radio observations of central black holes in nearby low-mass early-type galaxies: Preliminary evidence for low Eddington fractions

We present new radio and X-ray observations of two nearby ($< 4$ Mpc) low-mass early-type galaxies with dynamically-confirmed central black holes: NGC 5102 and NGC 205. NGC 5102 shows a weak nuclear X-ray source and has no core radio emission. However, for the first time we demonstrate that it shows luminous extended radio continuum emission in low-resolution, low-frequency ($< 3$ GHz) data, consistent with jet lobes on scales $\gtrsim 100$ pc formed from past accretion and jet activity. By contrast, in new, extremely deep, strictly-simultaneous Very Large Array and Chandra observations, no radio or X-ray emission is detected from the black hole in NGC 205. We consider these measurements and upper limits in the context of the few other low-mass early-type galaxies with dynamically-confirmed black holes, and show that the mean ratio of bolometric to Eddington luminosity in this sample is only $\textrm{log} \, (L_{\rm bol}/L_{\rm Edd}) = -6.57\pm0.50$. These Eddington ratios are lower than typical in a comparison sample of more massive early-type galaxies, though this conclusion is quite tentative due to our small sample of low-mass galaxies and potential biases in the comparison sample. This preliminary result is in mild tension with previous work using less sensitive observations of more distant galaxies, which predict higher X-ray luminosities than we observe for low-mass galaxies. If it is confirmed that central black holes in low-mass galaxies typically have low Eddington ratios, this presents a challenge to measuring the occupation fraction of central black holes with standard optical emission line, X-ray, or radio surveys.Comment: 13 pages, 4 figures, 3 tables. Accepted for publication in Ap