Queen In Right Of Canada Research Articles

Canadian Crown corporations and social procurement: Trade commitments and institutional bricolage

AbstractGlobalization has introduced insecurities to individuals and businesses. Countries are pressed to respond to these insecurities with more inclusive visions of globalization. One policy response is social procurement—public purchasing geared to create social value. Canada is embracing this response but faces barriers of its own making. Through the institutional bricolage of procurement trade rules, Canada has constrained its capacity to use social procurement. This is acutely felt by Crown corporations, which are increasingly under the scope of trade treaties. This article details this phenomenon through textual analysis of Canadian procurement trade rules and state enterprise attempts at social procurement.

The Efficient and Dignified Roles of the Crown in Canadian Foreign Policy

This article draws on Walter Bagehot's distinction between efficient and dignified institutions to examine an understudied facet of the monarchy in Canada: the Crown's role in Canadian foreign policy. The Canadian Crown acts in global affairs in two ways: through the efficient prerogative powers of the Crown exercised by Cabinet, and by means of the dignified “public diplomacy” performed by the office of the governor general. The article demonstrates that the Crown's prerogative powers remain the underlying authority that Canadian governments exercise when pursuing foreign policy objectives and acting in the world. The article then traces the growth of the vice-regal office's foreign policy functions, as well how the governor general's public diplomacy efforts contribute to Canada's global engagement. The article concludes with a brief discussion of King Charles III's place in Canadian foreign affairs as the head of state of multiple, independent realms.

Spatial and temporal structure of the Acer negundo L. cenopopulation in the forest parks of Yekaterinburg

The article is devoted to the study of the spatio-temporal structure of Acer negundo L. in the forest parks of Yekaterinburg on the basis of population and organism indicators. Eight fragments of ash-leaved maple cenopopulations in the Uktussky and Southwestern forest parks were examined. For the first time, a quantitative characteristic of the manifestation of organismal indicators in each ontogenetic state of maple was obtained. A feature of the spatial structure of the habitats of Acer negundo is its active introduction into cenoses in the forest parks of Ekaterinburg. An identical expansion of the species in the studied forest parks was established, however, there are also distinctive features of its habitat. In the course of the analysis of variance, the dependence of the dimensional parameters of the maple crown on changes in two factors (forest park, ontogenetic state) and their interaction was shown. The ability of the species to successfully adapt in fragmented and urbanized areas affected by recreational impacts and other forms of pollution and survive in a wide range of environmental conditions has been established.

Seeking Justice by Plea: The Prosecutor’s Ethical Obligations During Plea Bargaining

Canadian Crown prosecutors enjoy tremendous discretionary power. They can leverage this power during plea bargaining by structuring the terms of plea deals and by engaging in aggressive negotiation tactics, thereby exerting a disproportionate influence on plea bargaining processes and outcomes. This article considers how Crowns should wield their power to shape plea bargains in light of their ethical obligation to seek justice. In particular, it considers how Crowns should identify the just case outcomes they will pursue through plea bargaining and assesses which bargaining strategies they should employ or eschew in pursuit of those outcomes. In the process, the article addresses a few especially thorny questions, including: whether Crowns should ever strategically overcharge defendants to facilitate plea negotiations; how Crowns ought to balance the accuracy of criminal charges against the fairness of criminal sentences when the two are in tension; and how Crowns can strike an appropriate balance between plea bargaining fairness and efficient case management. The article offers several concrete policy recommendations aimed at helping Crowns satisfy their ethical obligation to seek justice in the context of plea bargaining.

Commentary on Graydon et al. (2019): Realistic simulations and nudging gambling policy.

Commentary on Graydon et al. (2019): Realistic simulations and nudging gambling policy.

The Canadian Crown's Duty to Consult Indigenous Nations' Knowledge Systems in Federal Environmental Assessments

In 2016, the Government of Canada undertook a review of regulatory processes for federal environmental assessments (EAs) in preparation for replacing the Canadian Environmental Assessment Act. An EA Expert Panel was appointed to review numerous oral and written submissions from Indigenous nations, government agencies, and the public. The Panel's final report included recommendations that were considered by Canada in the development of its currently proposed new legislation regarding federal EAs: Bill C-69. The goal of this analysis is to evaluate the extent to which Canada’s review and proposed legislation actually addressed the Crown’s duty to consult Indigenous nations' knowledge systems. Detailed examination of the Panel's review and Canada's response shows clearly that the Crown's duty has not been fulfilled by the proposed legislation, in either spirit or practice.

Royal Succession and the Constitutional Politics of the Canadian Crown, 1936–2013

ABSTRACTCanadian governments held opposite views on how to alter the laws of royal succession for Canada in 1936 and 2013. This contrast was not the result of refined thinking about how the law of succession operates in Canada. Rather, the difference is explained by these governments’ political aims and institutional constraints. In 1936, the government of William Lyon Mackenzie King denied that Canada necessarily followed the British line of succession, and he ensured that alterations to the rules of succession that followed the abdication of King Edward VIII were extended into Canadian law. This was done gradually to advance the cause of Canadian autonomy while maintaining the unity of the Crown in the Commonwealth. In 2013, the government of Stephen Harper argued that rules of royal succession were not a matter of Canadian law or a constitutional issue in Canada. Instead, the Harper government maintained that Canada automatically accepts the British monarch as the sovereign of Canada. This approach served to avoid the complex constitutional amending formula Canada adopted in 1982. Constitutional politics, not the law of the constitution, explains how these two Canadian governments fundamentally disagreed with each other over royal succession.

The complex relationship between climate and sugar maple health: Climate change implications in Vermont for a key northern hardwood species

This study compared 141 ecologically relevant climate metrics to field assessments of sugar maple (Acer saccharum Marsh.) canopy condition across Vermont, USA from 1988 to 2012. After removing the influence of disturbance events during this time period to isolate the impact of climate, we identified five climate metrics that were significantly related to sugar maple crown condition. While three of these are monthly summary metrics commonly used in climate analyses (minimum April, August and October temperatures), two are novel metrics designed to capture extreme climate events (periods of unusual warmth in January and August). The proportion of climate-driven variability in canopy condition is comparable to the proportion accounted for by defoliating pests and other disturbance events. This indicates that climate conditions, though rarely included in sugar maple decline studies, may be of equal importance as more traditionally studied stress agents. Modeled across the state, results indicate that changes in historical climatic conditions have negatively impacted sugar maple health over the 25 year study period, and are likely to degrade further over time. Climate projections under a low emissions scenario indicated that by 2071 55% of sugar maple across the state would likely experience moderate to severe climate-driven stress relative to historic baselines, increasing to 84% under a high emissions scenario. However, geographic variability in projected climate impacts indicates that while conditions for sugar maple will likely deteriorate across the state, climate refugia should also be available to maintain sugar maple in spite of changing climatic conditions. Considering the predominant role of sugar maple in Vermont’s economy and culture, managing this resource into the future could pose a considerable challenge.

“Vocal but not particularly strong”? Air Canada’s ill-fated vacation package to Rhodesia and South Africa and the anti-apartheid movement in Canada

In mid-1971, an advertisement from Air Canada (then a Canadian Crown corporation) and South African Airways appeared in the pages of the Globe and Mail, Canada’s national newspaper. It offered prospective vacationers the chance of a lifetime: the opportunity to tour the game parks of South Africa and Rhodesia, including the famous Kruger National Park, with stays afterward in various African cities. News of Air Canada’s “opportunity” was met with a great deal of controversy. Linda Freeman has described anti-apartheid forces in the 1970s as “vocal, but not particularly strong” and other scholars argue that Canadian policy toward South Africa did not change substantially between 1961 and 1984. Still, this case study demonstrates that despite the fact that no major Canadian economic, strategic, or political interest was involved in South Africa and that while Canadian trade with South Africa during the period in question was relatively marginal, the Canadian government gave the concerns of those appalled at Air Canada’s intransigence some attention. More importantly, so did Air Canada. Where government failed to act, public pressure forced a major Canadian corporation to rethink its business practices to adhere to international human rights norms.

Canada’s Evolving Crown: From a British Crown to a “Crown of Maples”

Abstract This article examines how instruments have changed the Crown of Canada from 1867 through to the present, how this change has been effected, and the extent to which the Canadian Crown is distinct from the British Crown. The main part of this article focuses on the manner in which law, politics, and policy (both Canadian and non-Canadian) have evolved a British Imperial institution since the process by which the federal Dominion of Canada was formed nearly 150 years ago through to a nation uniquely Canadian as it exists today. The evolution of the Canadian Crown has taken place through approximately fifteen discrete events since the time of Canadian confederation on July 1, 1867. These fifteen events are loosely categorized into three discrete periods: The Imperial Crown (1867-1930), A Shared Crown (1931-1981), and The Canadian Crown (1982-present).

Royal Succession and the Canadian Crown as a Corporation Sole: A Critique of Canada's Succession to the Throne Act, 2013

The constitutionality of Canada’s Succession tothe Th rone Act, 2013 (Succession Act) will betested in Quebec’s Superior Court in the comingmonths. In a case brought by two law professorsfrom Laval University, with the government ofQuebec as an intervener, the Quebec SuperiorCourt will consider whether the Parliament ofCanada’s assent to a British statute is sufficient tochange the rules of royal succession for Canada.

New Zealand trusts and double taxation agreements

For many years there have been a variety of views expressed as to the ability of trustees to obtain the benefits of double tax agreements. Central to most analyses is a discussion of the well known Canadian Crown Forest case. This article sets out to analyse this and other cases, rulings and commentaries, in the light of New Zealand tax legislation. The answer lies, in part, in looking to the type of trust under consideration, and it is suggested that by approaching the problem from this starting point, some clarity will be achieved.

Reviews/Critiques d’ouvrages

Richard M. Bird, Enid Slack, and Almos Tassonyi, A Tale of Two Taxes: Property Tax Reform in Ontario, reviewed by Andrew Sancton Stephen Duckett, Where to from Here: Keeping Medicare Sustainable, reviewed by John Church Jeffrey Simpson, Chronic Condition: Why Canada’s Health-Care System Needs to Be Dragged into the 21st Century, reviewed by David Verbeeten Jennifer Smith and D. Michael Jackson (eds.), The Evolving Canadian Crown, reviewed by Barbara J. Messamore

On the reliability of spatially disaggregated global ensemble rainfall forecasts

AbstractEnsemble rainfall forecasts are of high interest for decision making, as they provide an explicit and dynamic assessment of the uncertainty in the forecast. However, for hydrological forecasting, their low resolution currently limits their use to large watersheds. To bridge this gap, various implementations of a spatial statistical downscaling method were compared, bringing Environment Canada's global ensemble rainfall forecasts from a 100 × 70‐km resolution down to 6 × 4‐km while increasing each pixel's rainfall variance and preserving its original mean. This was applied for nine consecutive days of summer 2009 with strong rain events over Quebec City, Canada. For comparison purposes, simpler methods were also implemented such as the bilinear interpolation, which disaggregates global forecasts without modifying their variance.The meteorological products were evaluated, using different scores and diagrams, against observed values taken from Quebec City rain gauge network. The most important conclusions of this work are that the overall quality of the forecasts was preserved during the disaggregation procedure and that the disaggregated products using the variance‐enhancing method were of similar quality than bilinear interpolation products. However, variance and dispersion of the different members were, of course, much improved for the variance‐enhanced products, compared with the bilinear interpolation, which is a decisive advantage. Therefore, there is an interest in implementing variance‐enhancing methods to disaggregate global ensemble rainfall forecasts. Copyright © 2012 Her Majesty the Queen in right of Canada. Published by John Wiley & Sons, Ltd.

Policies for sustainably managing Canada's forests: tenure, stumpage fees, and forest practices

Introduction 1 The Rise of Sustainable Forest Management and Trends in Forest Sector Governance 2 A General Framework for a Comparative Analysis of Canadian Crown Forest Tenures 3 Crown Forest Tenures in Canada 4 Regulating for Sustainable Forest Management: Interprovincial Comparison of Forest Planning and Practice Requirements 5 Interprovincial Comparison of Crown Stumpage Fee Systems 6 In Search of Forest Tenures for Sustainable Forest Management Appendix: References for Details on Canadian Crown Forest Tenure Characteristics, Forest Practices Regulations, and Stumpage Systems by Province Notes References Index

Ice jam modelling and field data collection for flood forecasting in the Saint John River, Canada

AbstractIce jams cause major flooding and severe damages to communities and infrastructure along the Saint John River. There is a growing need to develop capability in forecasting and analysing ice‐jam‐related flood events. This capability is also essential in anticipating the potential for increased ice jam damages as a result of a changing climate. The well‐known and user‐friendly Hydrologic Engineering Centre's River Analysis System (HEC‐RAS) model, which can simulate ice jam configuration under steady‐state conditions, has been calibrated for operational application along the international Saint John River from Dickey, Maine, USA, to Grand Falls, New Brunswick. Examples of model results are presented, and the modelling experience gained to date is outlined. Surprisingly, model output begins to deteriorate when the spacing of cross sections is less than a site‐specific threshold. Once calibrated, the model generates good results, but model parameters change from site to site. Inconsistencies relative to current ice jam understanding and potential improvements are identified. A dangerous consequence of jamming is the sharp wave (jave for short) that is generated upon ice jam release. At present, dynamic aspects of breakup can best be assessed by measurement. Specially designed portable loggers were deployed in 2009 to capture various javes as well as the spring flood that typically arrives after ice clearance. The results enabled a comprehensive comparison between the characteristics of javes and runoff waves, whereas the runoff data were also used to test the unsteady flow routine of HEC‐RAS, which can be used to develop forecasts for runoff floods. Copyright © 2012 Her Majesty the Queen in right of Canada. Published by John Wiley & Sons, Ltd.

Rethinking Canadian Crown Copyright

Crown copyright in Canada covers most works produced by public servants, including software, research reports, and regulations. The overall legal regime for Crown copyright functions similarly to copyright in the private context; however, a critical look at the theoretical justifications reveals fundamental differences and substantially weaker foundations. As particularly noticeable in the context of government involvement in open source software, the practical application of Crown copyright also differs considerably from the private context.Already resting on fragile theoretical grounds, the present federal administrative regime further creates a problematic fragmentation of rights that hinders the effective public use and re-use of Crown works. While many other state governments and private-sector actors are currently striving to realize further benefits from collaborative initiatives that aim to share open data and open source software, the statutory and administrative copyright regimes in Canada remain incompatible with these growing movements.

The Turmoil Surrounding the Prorogation of Canada’s 40th Parliament & the Crown

The prorogation of the first session of Can- ada’s fortieth Parliament awakened Canadians to the intricacies of their political system and it brought the Canadian Crown to the fore of our history once more. Acceding to her Prime Min- ister’s advice on that cold, dreary, snow-covered morning of 4 December 2008, the Governor General, Michaëlle Jean, sparked the interest of Canadians in their monarchical institutions. A docile and politically bored population refused in large numbers to cast their ballots in a general election in October. Less than two months later, the prorogation of the first session of their new Parliament sparked a new-fired enthusiasm for politics, and throughout the country Canadians became constitutional experts overnight. They voiced their opinions on talk shows, at work and at leisure, in bars and over formal dinners, sud- denly manifesting astonishing skill at discuss- ing the strengths and weaknesses of their sys- tem of government with particular emphasis on the Maple Crown. Many based their opinions about the Crown on whether or not they liked the Prime Minister. Only a handful focused on the essential issue of the prorogation: was Prime Minister Stephen Harper abusing the preroga- tive and reserve powers of the Crown for parti- san political advantage? This issue was raised by David Smith over a decade ago in his book The Invisible Crown1 and it remains an unresolved question for constitutional observers today.

The Constitution Act, 1982 and the Crown: Twenty-Five Years Later

In a splendid ceremony on Parliament Hill on 17 April 1982, Her Majesty proclaimed the Constitution Act, 1982.1 When the Prime Min- ister and premiers had met in November 1981 to develop procedures for patriating and amend- ing our Constitution, they failed to propose any revisions with respect to the monarchy, except for section 41(a) of the Constitution Act, 1982. Under this section, the unanimous agreement of the Governor General, Senate, House of Commons, and the legislative assembly of each province is required to amend the Constitution in relation to “the office of the Queen, the Gov- ernor General and the Lieutenant Governor of a province.”2 In effect, by entrenching the monar- chy in the Constitution, our leaders determined that Canada would remain a constitutional monarchy in perpetuity. The twenty-fifth anni- versary of the proclamation of the Constitution Act, 1982 provides an appropriate occasion to remind ourselves of the nature of our Canadian Crown and to ask whether this institution can evolve, or has evolved, to meet the needs of Ca- nadians.

Strategy evaluation: Experience at the International Development Research Centre

AbstractThis chapter examines how the International Development Research Centre (IDRC) has framed and used strategic evaluations. Drawing from IDRC's experience, the authors look at Henry Mintzberg's ideas on strategy formation, and explore potential implications for evaluation in an organization that resembles what Mintzberg calls an “adhocracy.” The International Development Research Centre is a Canadian Crown Corporation that supports research in developing countries and undertakes evaluative work at different levels: strategic evaluations, program and project evaluation, and ongoing learning. “Strategic” evaluations examine issues that cut across the Centre's 18 programs. They have focused on programming modalities and broad corporate result areas like capacity building and policy influence. In a decentralized, utilization‐focused approach to evaluation, IDRC has taken the view that strategic‐level evaluation requires separate studies, as opposed to rolling up data from program or project evaluations. © Wiley Periodicals, Inc., and the American Evaluation Association.