As artforms, film and street art seem incompatible. Contra this incompatibility, I investigate their combination: cinematic street art. Two promising cases are the artworks MUTO and Repopulate, but I argue neither is suitable. MUTO only counts if I accept the transparency thesis, the claim that photographs allow us to literally see their depicta. Repopulate only counts if we reject Noel Carroll’s requirement that a cinematic performance token isn’t itself an artwork. However, these imperfect cases demonstrate what is required in order (...) to have cinematic street art: the artwork is a 1) aconsensual artwork that 2) does not merely use street art as imagery or 3) merely use the street as a performance space. I introduce two hypothetical artworks inspired by this approach and discuss their merits, as well as their pitfalls relevant to my own desiderata. As such, this article serves as the foment for broader discussion within the philosophy of street art. (shrink)

The Canadian Department of Citizenship and Immigration has recently proposed to make in-person citizenship ceremonies optional. These ceremonies are oaths of allegiances: naturalizing citizens swear loyalty to King Charles and obedience to the laws of Canada. The Department of Citizenship and Immigration proposes to allow naturalizing citizens to take these oaths by checking a box online rather than by taking part in an in-person ceremony. In this commentary, I argue that Canada should go much further. It should stop (...) forcing naturalizing immigrants to swear oaths of allegiance altogether. Such oaths create an unjust inequality between naturalized and natural-born citizens: they mean the former have much weightier political obligations than the latter. (shrink)

Đi ngược lại với xu hướng thời trang nhanh này chính là Canada Goose - một thương hiệu thời trang cao cấp của Canada, vốn nổi tiếng với những hoạt động bảo vệ môi trường của mình từ những ngày đầu thành lập.

Canada’s Tri-Council Policy Statement: Ethical conduct for research involving humans, first published in 1998, has recently been updated.1 The US Department of Health and Human Services has just issued an Advance Notice of Proposed Rulemaking that would substantially change the 20-year-old Common Rule governing most federally funded research involving human participants.2 A comparison of the two countries’ systems for protecting human research participants is therefore timely. This analysis situates the Canadian system in an international context, with particular attention to (...) its similarities and differences to the US system and their shared challenges going forward with their changes. (shrink)

This paper briefly highlights a small part of the work being done by Indigenous groups in Canada to integrate science into their ways of knowing and living with nature. Special attention is given to a recent attempt by Mi'kmaw educators in Unama'ki (Cape Breton, Nova Scotia) to overcome suspicion of science among their youth by establishing an 'Integrative Science' (Toqwa'tu'kl Kjijitaqnn, or 'bringing our knowledges together') degree programme at Cape Breton University. The goal was to combine Indigenous and scientific (...) knowledges in a way that protects and empowers Mi'kmaw rights and lifeways. (shrink)

By introducing the concept of “mental data,” Palermos (2023) highlights an underappreciated aspect of data ethics that policymakers would do well to heed. Sweeping artificial intelligence (AI) legi...

With twentieth- and twenty-first-century philosophy of science’s unfolding acceptance of the nature of scientific inquiry being value-laden, the persistent worry has been that there are no means for legitimate negotiation of the social or non-epistemic values that enter into science. The rejection of the value-free ideal in science has thereby been coupled with the spectres of indiscriminate relativism and bias in scientific inquiry. I challenge this view in the context of recently expressed concerns regarding Canada's death of evidence controversy. (...) The worry, raised by Stathis Psillos, is that as constructivist accounts of science demoted the previously secure status of evidence for drawing justified conclusions in science, we were left with no rational delineation between the right and wrong values for science. The implication for the death of evidence controversy is that we may have no rational grounds for claiming that the Canadian Government is wrong to interfere with scientific enterprise. But he does offer another avenue for reaching the conclusion that the wrong social values are directing the current stifling of some sectors of Canadian science. Psillos draws from standpoint epistemologies to devise a salient defence of ‘valuing evidence’ as a universalizable social value. That is, government bodies ought to enable scientific research via adequate funding as well as political non-interference. In this paper, I counter that non-epistemic values can be rationally evaluated and that standpoint epistemology’s universalizable standpoint provides an inadequate framework for negotiating social values in science. Regarding, I draw from the evidence-based medicine debate in philosophy of medicine and from feminist empiricist investigations into the science–values relationship in order to make the argument for empirically driven value arbitration. If social values can be rationally chosen in the context of justification, then we can have grounds for charging the Canadian leadership with being ‘at war with science’. I further argue that my recommended empiricist methodology is preferable to Psillos’s search for universalizable perspectives for negotiating social values in science because the latter method permits little more than the trivial conclusion that evidence is valuable to science. (shrink)

This 4000 word entry to Routledge’s Handbook of Development Ethics (Jay Drydyk & Lori Keleher, eds., 2018) considers development within United States of America and Canada. Indigenous peoples and their nations are also featured. Canada and USA are both characterized by the UN Development Program as maintaining very high human development. Addressable weaknesses are nevertheless evident when performance is compared, for example, with OECD member nations. This entry focuses upon such comparison, noting characteristic political institutions and attendant social (...) inequality in the areas of social welfare, education and health. The histories of both nations over the past half-century suggest that cultural shifts within USA have displaced the ethos of social responsibility that the country had previously shared with Canada, replacing it with an ideal of self-reliance. The turn may be a factor in the USA’s increasing inequality and general weakness in social welfare programs since the 1980s. Events since 2016 especially also display a turn towards another ideal of self-reliance: isolationism. USA’s reduction in global commitments – to open trade, to limits on environmental impact, and especially, to immigration – contrast greatly with Canada’s evolving commitment to a global society and to a cultural ideal of multiple non-assimilated cultures within its borders, including cultures of new immigrant populations. Canada is by many measures a more equal society, but it shares with USA continued failings in development for aboriginal groups and vulnerability for that group and others. (shrink)

This letter was submitted to the Senate Standing Committee on Legal and Constitutional Affairs, Government of Canada, on 29th January, 2021, as final debate over Bill C-7 was being undertaken in the Senate regarding MAiD and the strong opposition to the legislation expressed across the Canadian disability community. It draws on our individual and joint work on eugenics, well-being, and disability.

This is the table of contents of and introduction to a textbook entitled Bioethics in Canada. It is designed mainly for use in Canada. Of the 51 articles that it contains, 26 are written by Canadians.

This is the second edition of the textbook Bioethics in Canada. It is the most up to date bioethics textbook on the Canadian market. Twenty-nine of its 54 contributions are by Canadians. All the chapters carried over from the first edition are revised in full (especially the chapters on obligations to the global poor, on medical assistance in dying, and on public health). It comprises *new* chapters on emerging genetic technologies and on indigenous peoples' health. It contains *new* case (...) studies focusing on ethical issues and problems of relevance to Canadians. From the Preface: This anthology is designed for those teaching bioethics in colleges and universities in Canada. It comprises articles from researchers exploring the main problems of bioethics from a diversity of perspectives and ethical traditions. It includes in particular articles by Canadian researchers who appear in anthologies less often than they should. The hope is that the reader will, as a result, better appreciate the rich reservoir of talent present among those working in bioethics in Canada and Canadian bioethicists working abroad. In addition, this volume intentionally aims to educate the reader about the policies and laws regulating the most important and pressing bioethical problems facing Canadians. The hope is that the reader will develop a nuanced view of the nature, importance, and impact of bioethics in Canada. (shrink)

The volume includes topics from political philosophy and normative ethics on the one hand to philosophy of science and the philosophical underpinnings of water management policy on the other. It contains reflections on ecological nationalism, the legacy of Grey Owl, the meaning of ‘outside’ to Canadians, the paradigm shift from mechanism to ecology in our understanding of nature, the meaning of the concept of the Anthropocene, the importance of humans self-identifying as ‘earthlings’, the challenges of biodiversity protection and the status (...) of cross-bred species, how to ground the moral considerability of ecosystems, the collapse of the Newfoundland and Labrador cod fishery, and much more. It covers metaphysics, ontology, ethics, political philosophy, critical history, and environmental policy. The range of topics and frames is as diverse and challenging as the land itself. (shrink)

ABSTRACT In this article, I indicate how the naturalized and individualized conception of disability that prevails in philosophy informs the indifference of philosophers to the predictable COVID-19 tragedy that has unfolded in nursing homes, supported living centers, psychiatric institutions, and other institutions in which elders and younger disabled people are placed. I maintain that, insofar as feminist and other discourses represent these institutions as sites of care and love, they enact structural gaslighting. I argue, therefore, that philosophers must engage in (...) conceptual engineering with respect to how disability and these institutions are understood and represented. To substantiate my argument, I trace the sequence of catastrophic events that have occurred in nursing homes in Canada and in the Canadian province of Ontario in particular during the pandemic, tying these events to other past and current eugenic practices produced in the Canadian context. The crux of the article is that the COVID-19 pandemic has thrown into vivid relief the carceral character of nursing homes and other congregate settings in which elders and younger disabled people are confined. -/- KEYWORDS carceral, conceptual engineering, nursing home-industrial-complex, philosophy of disability, structural gaslighting. (shrink)

Rationale and objectives: Medical humanities are becoming increasingly recognized as positively impacting medical education and medical practice. However, the extent of medical humanities teaching in medical schools is largely unknown. We reviewed medical school curricula in Canada, the UK and the US. We also explored the relationship between medical school ranking and the inclusion of medical humanities in the curricula. -/- Methods: We searched the curriculum websites of all accredited medical schools in Canada, the UK and the US (...) to check which medical humanities topics were taught, and whether they were mandatory or optional. We then noted rankings both by Times Higher Education and U.S. News and World Report and calculated the average rank. We formally explored whether there was an association between average medical school ranking and medical humanities offerings using Spearman's correlation and inverse variance weighting meta-analysis. -/- Results: We identified 18 accredited medical school programmes in Canada, 41 in the UK, and 154 in the US. Of these, nine (56%) in Canada, 34 (73%) in the UK and 124 (80%) in the US offered at least one medical humanity that was not ethics. The most common medical humanities were medical humanities (unspecified), history, and literature (Canada); sociology and social medicine, medical humanities (unspecified), and art (UK); and medical humanities (unspecified), literature and history (US). Higher ranked medical schools appeared less likely to offer medical humanities. -/- Conclusions: The extent and content of medical humanities offerings at accredited medical schools in Canada, the UK and the US varies, and there appears to be an inverse relationship between medical school quality and medical humanities offerings. Our analysis was limited by the data provided on the Universities' websites. Given the potential for medical humanities to improve medical education and medical practice, opportunities to reduce this variation should be exploited. (shrink)

The credit crises experienced in the US in year 2008 is labeled as perhaps the most significant crises since the great depression. The roots of the crises were found in the default of the sub-prime mortgages and the failure occurred in both the US and the UK. Due to the integrated nature of international financial systems the spillover impacted many countries as the economies in Asia and Europe were purchasers of the sub-prime mortgages that originated in both UK and US. (...) The impact of the credit crises in Canada is of unique importance due to the close proximity to US, and both the US and Canada being of great strategic importance to each other as well as one of the largest trading partners.Even though the international financial credit crises adversely impacted many countries, the evidence that has come across recent years point towards the conclusion that Canada was able to weather the crises much better than many other countries. (shrink)

A private, for-profit company has recently opened a pair of plasma donation centres in Canada, at which donors can be compensated up to $50 for their plasma. This has sparked a nation-wide debate around the ethics of paying plasma donors. Our aim in this paper is to shift the terms of the current debate away from the question of whether plasma donors should be paid and toward the question of who should be paying them. We consider arguments against paying (...) plasma donors grounded in concerns about exploitation, commodification, and the introduction of a profit motive. We find them all to be normatively inconclusive, but also overbroad in light of Canada’s persistent reliance on plasma from paid donors in the United States. While we believe that there are good reasons to oppose allowing a private company to profit from Canada’s blood supply, these concerns can be addressed if payment is dispensed instead by a public, not-for-profit agency. In short, we reject profiting from plasma while we endorse paying for plasma; we therefore conclude in favour of a new Canadian regime of public sector plasma collection and compensation. (shrink)

Andreas Follesdal,Victor Muñiz Fraticelli | : A Principle of Subsidiarity regulates the allocation and/or use of authority within a political order where authority is dispersed between a centre and various sub-units. Section 1 sketches the role of such principle of subsidiarity in the EU, and some of its significance in Canada. Section 2 presents some conceptions of subsidiarity that indicate the range of alternatives. Section 3 considers some areas where such conceptions might add value to constitutional and political deliberations (...) in Canada. Section 4 concludes with some reminders of crucial contested issues not fully resolved by appeals to subsidiarity alone, exemplified by the protection of human rights. | : Un principe de subsidiarité réglemente la répartition et/ou l’usage de l’autorité au sein d’un ordre politique où l’autorité est dispersée entre un centre et des sous-unités variées. La section 1 de cet article montre le rôle d’un tel principe de subsidiarité dans l’Union européenne, et certaines de ses implications au Canada. La section 2 présente des conceptions de la subsidiarité qui indiquent un éventail d’alternatives. La section 3 considère certains domaines où de telles conceptions pourraient ajouter de la valeur aux délibérations constitutionnelles et politiques au Canada. La section 4 conclut en rappelant certains problèmes cruciaux contestés, non entièrement résolus par les seuls appels à la subsidiarité, exemplifiés par la protection des droits humains. (shrink)

Thời trang nhanh vốn được biết đến là ngành công nghiệp tỷ đô với những cuộc chạy đua giữa các thương hiệu để cho ra mắt những thiết kế mới liên tục, đi cùng với đó là thời gian từ khâu sản xuất tới khi bị vứt bỏ ngày càng bị cắt ngắn để tối đa hóa lợi nhuận. Đây là một ví dụ rất điển hình của văn hóa thâm hụt sinh thái trong giới kinh doanh [1]. Cũng vì (...) lý do này, ngành công nghiệp thời trang đã bị chỉ trích vì tạo ra nhiều ảnh hưởng tiêu cực đến môi trường, như thải ra 10% tổng lượng khí thải carbon, là ngành công nghiệp xả nước thải lớn thứ 2 trên thế giới, và chỉ riêng việc giặt các loại vải dệt tổng hợp như polyester đã thải ra 35% tổng số hạt vi nhựa trong đại dương [2]. (shrink)

Bioethics experts played a key role in ensuring a coherent ethical response to the COVID-19 pandemic in the fields of healthcare, public health, and scientific research in Canada. In the province of Quebec, a group of academic and practicing bioethicists met periodically in the early months of the pandemic to discuss approaches and solutions to ethical dilemmas encountered during the crisis. These meetings created the opportunity for a national survey of bioethics practitioners from different fields. The survey, in which (...) forty-five Canadian bioethics practitioners (clinical ethicists, ethicist members of REBs and government health policy ethicists, or any bioethicist practicing outside of academia) participated, explored their concerns, challenges and opportunities during the first wave of the pandemic, with the objective of informing bioethics research about the difficulties experienced by bioethicists “in the field”. Participants reported increased stress levels, increased workloads, and a greater proportion of their work being devoted to public health ethics. Most of their concerns focused on groups other than themselves, such as health professionals, patients, research participants, and people in vulnerable socio-economic situations. An optimism about the future of bioethics was noted due to an increased awareness of the importance of bioethics by the public and by health and research institutions. (shrink)

L'Entente sur les tiers pays sûrs ratifiée par le Canada et les États-Unis en 2002 a transformé la conception de la souveraineté territoriale canadienne, tel qu'en témoigne le traitement accordé aux demandeur-euse-s d'asile ces dernières années. Arguant à l'effet que l'État canadien adopte une conception de la souveraineté territoriale étanche qui permet l'exercice d'un droit de sélection depuis la mise en place de l'ETPS, cet article propose de repenser un devoir politique d'accueil. La première partie de cet article examine (...) la dynamique d'externalisation de la migration à laquelle participe le Canada. La seconde partie propose une analyse du cadre normatif développé par l'ETPS justifié par un droit de « choisir » les réfugié-e-s. La troisième partie propose une critique du modèle d'exclusion à l'oeuvre derrière l'ETPS et propose à cette fin de penser la responsabilité canadienne en tant que devoir politique à l'égard des populations qui demandent l'asile. (shrink)

Ongoing research in the fields of genetics and biotechnology hold the promise of improved diagnosis and treatment of genetic diseases, and potentially the development of individually tailored pharmaceuticals and gene therapies. Difficulty, however, arises in determining how these services are to be evaluated and integrated equitably into public health care systems such as Canada's. The current context is one of increasing fiscal restraint on the part of governments, limited financial resources being dedicated to health care, and rising costs for (...) new health care services and technologies. This has led to increasing public debate in the last few years about how to reform public health care, and whether we should prohibit, permit or perhaps even encourage private purchase of health care services. ;In Canada, some of these concerns have crystallized around the issue of gene patents and commercial genetic testing, in particular as illustrated by the case of Myriad Genetics' patented BRACAnalysis test for hereditary breast and ovarian cancer. While most Canadians who currently access genetic services do so through the public health care system, for those with the means, private purchase is becoming an option. This situation raises serious concerns---about justice in access to health care; about continued access to safe and reliable genetic testing supported by unbiased patient information; and about the broader effects of commercialization for ongoing research and the Canadian public health care system. Commercial genetic testing presents a challenge to health care professionals, policy analysts, and academics concerned with the social, ethical and policy implications of new genetic technologies. Using the Myriad case as an exemplar, tools from moral philosophy, the social sciences, and health policy and law will be brought to bear on the larger issues of how as a society we should regulate commercial research and product development, and more coherently decide which services to cover under public health insurance and which to leave to private purchase. Generally, the thesis is concerned with the question of "how best to bring capital, morality, and knowledge into a productive and ethical relationship". (shrink)

In 2008, the Truth and Reconciliation Commission of Canada (TRC) was initiated to address the historical and contemporary injustices and impacts of Indian Residential Schools. Of the many goals of the TRC, I focus on reconciliation and how the TRC aims to promote this through public education and engagement. To explore this, I consider two questions: 1) who does the TRC include in the process of reconciliation? And 2) how might I, as someone who is not Indigenous (specifically, as (...) someone who is “white”), be engaged by the TRC? Ethical queries arise which speak to broader concerns about the TRC’s capability to fulfill its public education goals. I raise several concerns about whether the TRC’s plan to convoke the collective will result in over-simplifying the process by relying on blunt, poorly defined identity categories that erase the heterogeneity of those residing in Canada, as well as the complexity of the conflict among us. I attempt to situate myself in-between proclamations of “success” or “failure” of the TRC, to better understand what can be learned from contested truths and experiences of uncertainty. (shrink)

The relation between thinking and truth in philosophy is explored in terms of this question: which one serves the other? The essay argues that a conception of philosophy as truth serving thought can be perceived in the work of French Nietzschean philosophers.

Using an intersectionalist analysis, Hinther recounts efforts by Canada’s Ukrainian minority to build an ethnically distinct leftist movement. Opposed from without by both left-wing internationalists and right-wing nationalists, and hobbled from within by stubborn gender and generational inequalities, the movement finally lost its radical political momentum and so took up its allotted place in Canada’s polite multicultural mosaic. (Published in the series “Studies in Gender and History,” University of Toronto Press, 2018.).

Climate ethics has been concerned with polluter pays, beneficiary pays and ability to pay principles, all of which consider climate change as a single negative externality. This paper considers it as a constellation of externalities, positive and negative, with different associated demands of justice. This is important because explicitly considering positive externalities has not to our knowledge been done in the climate ethics literature. Specifically, it is argued that those who enjoy passive gains from climate change owe gains not to (...) the net losers, but to the emitters, just as the emitters owe compensation to the net losers for the negative externality. This is defended by appeal to theoretical virtues and to the social benefits of generating positive externalities, even when those positive externalities are coupled with far greater negative externalities. We call this the Polluter Pays, Then Receives ('PPTR', or 'Peter') Principle. This principle is then applied at two levels in the context of Canada. [Open access]. (shrink)

Communities of nuclear workers have evolved in distinctive contexts. During the Manhattan Project the UK, USA and Canada collectively developed the first reactors, isotope separation plants and atomic bombs and, in the process, nurtured distinct cadres of specialist workers. Their later workplaces were often inherited from wartime facilities, or built anew at isolated locations. For a decade, nuclear specialists were segregated and cossetted to gestate practical expertise. At Oak Ridge Tennessee, for example, the informal ‘Clinch College of Nuclear Knowledge’ (...) aimed to industrialise the use of radioactive materials. ‘We were like children in a toy factory’, said its Director: ‘everyone could play the game of designing new nuclear power piles’. His counterpart at Chalk River, Ontario headed a project ‘completely Canadian in every respect’, while the head of the British project chose the remote Dounreay site in northern Scotland because of design uncertainties in the experimental breeder reactor. With the decline of secrecy during the mid-1950s, the hidden specialists lauded as ‘atomic scientists’ gradually became visible as new breeds of engineers, technologists and technicians responsible for nuclear reactors and power plants. Mutated by their different political contexts, occupational categories, labour affiliations, professional representations and popular depictions, their activities were disputed by distinct audiences. This chapter examines the changing identities of nuclear specialists and the significance of their secure sites. Shaped successively by Cold War secrecy, commercial competition and terrorist threats, nuclear energy remained out of site for wider publics and most nuclear specialists alike. The distinctive episodes reveal the changing working experiences of technical workers in late-twentieth and early twenty-first century environments. (shrink)

There is a widespread consensus that a commodification of body parts is to be prevented. Numerous policy papers by international organizations extend this view to the blood supply and recommend a system of uncompensated volunteers in this area—often, however, without making the arguments for this view explicit. This situation seems to indicate that a relevant source of justified worry or unease about the blood supply system has to do with the issue of commodification. As a result, the current health minister (...) of Ontario is proposing a ban on compensation even for blood plasma—despite the fact that Canada can only generate 30 % of the plasma needed for fractionation into important plasma protein products and has to purchase the rest abroad. In the following, I am going to suggest a number of alternative perspectives on the debate in order to facilitate a less dogmatic and more differentiated debate about the matter. Especially in light of the often over-simplified notions of altruism and commodification, I conclude that the debate has not conclusively established that it would be morally objectionable to provide blood plasma donors with monetary compensation or with other forms of explicit social recognition as an incentive. This is especially true of donations for fractionation into medicinal products by profit-oriented pharmaceutical companies. (shrink)

In accordance with a recent statement released by the World Health Organization, the Canadian province of Ontario is moving to ban payment for plasma donation. This is partially based on contentions that remuneration for blood and blood products undermines autonomy and personal dignity. This paper is dedicated to evaluating this claim. I suggest that traditional autonomy-based arguments against commodification of human body parts and substances are less compelling in the context of plasma donation in Canada, but that there is (...) another autonomy-based objection to paid plasma donation that has not received sufficient attention. Namely, the stigma that surrounds exchanging plasma for payment makes it difficult to make an autonomous decision to engage in this activity. I suggest that this problem can be overcome in one of two ways; by banning payment for plasma, or by reducing the stigma surrounding this practice. I provide an indication of how we might work to achieve the latter, contending that this possibility should be taken seriously, due to the difficulties in achieving a sufficient supply of plasma without remuneration. (shrink)

In this article, I explain and defend the concept of multicultural nationhood. Multicultural nationhood accounts for how a nation can have a cohesive identity despite being internally diverse. In Canada, the challenge of nation-building despite the country’s diversity has prompted reflection on how to conceive of the national identity. The two most influential theories of multiculturalism to come from Canada, those of Charles Taylor and Will Kymlicka, emerged through consideration of Canada’s diversity, particularly the place of Québécois, (...) Indigenous peoples, and immigrants in society. I begin by synthesizing Taylor’s and Kymlicka’s theories. I then propose a new subjective definition of nation, wherein the character of a nation is determined by how its members conceive of themselves. Once these concepts are explained, they are combined in an account of multicultural nationhood. Multicultural nationhood involves the cultivation of a national identity wherein various cultural groups are recognized as constitutive of the nation. (shrink)

This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a (...) specific person. As in many jurisdictions, however, the sexual assault laws are often not enforced. Reporting is lowest and non-enforcement highest in cases involving the most common type of assailants, those who are not strangers but instead persons the complainant knows, often quite well -- acquaintances, supervisors or co-workers, and family members. Reliance on popular narratives about “seduction” and “stranger-danger” leads complainants, police, prosecutors, lawyers, and trial judges, to truncate legal analysis of the facts and leap to erroneous conclusions about “consent.” Wrongful convictions and perverse acquittals, questionable plea bargains and ill-considered decisions not to charge, result. This proposal is designed to curtail the impact of pre-judgments, assumptions, and biases in legal reasoning about voluntariness and affirmative agreement and produce decisions that are legally sound, based on the application of the rule of law to the material facts. Law has long had better tools than the age-old and popular tales of “ravishment” and “seduction.” Those tools can and should be used. (shrink)

This work examines the development and performance of federal independent regulatory bodies in Canada in the period up to 1979, with particular attention to the operation of legislative schemes that include executive review and appeal powers. The author assesses the impact of the exercise of these powers on the administrative law process, and proposes new models for the generation, interpretation, implementation, review, and enforcement of regulatory policy. The study includes a series of representative case studies based on documentation and (...) extensive interviews with individuals drawn from government, agencies, and other parties, including counsel for public interest groups. This enables author, writing from her experience as a participant-observer embedded in the public interest legal sector, to draw on the experiences and perspectives of a broad range of participants in the regulatory process, including but not limited to those dealing with the regulated energy, transportation, communications, and foreign investment sectors. Legal principles identified as emergent in leading judicial decisions in administrative law are used to assess the powers and practices used in executive reviews and appeals. The author finds those powers and practices to be flawed and proposes changes. The proposed models are designed to accord with emerging legal principles and avoid flaws of the types identified in the review and appeal provisions. This work, written under contract with the Administrative Law Project of the Law Reform Commission of Canada, formed one part of a comprehensive study of administrative law at the federal level in Canada. (shrink)

The adventurous Indian spirit , took Indians to unknown lands, where they had to face untold miseries and hardships. Despite that , the soaring spirit of these pioneer immigrants was never subdued. They toiled hard, made these new lands their home and contributed to their growth and development in multifarious ways. This is also the story of human evolution. In this chain of events, the story of Komagata Maru has a special historical significance. it resonates beyond 1914, linking to freedom (...) movements in India and the right to vote for South Asians in Canada. It has helped the North Americans to move on from the insecurities of "Hindu Invasion" to the blooming of "Multiculturalism". (shrink)

Australia, Canada, and New Zealand currently apply health requirements to prospective immigrants, denying residency to those with health conditions that are likely to impose an “excessive demand” on their publicly funded health and social service programs. In this paper, I investigate the charge that such policies are wrongfully discriminatory against persons with disabilities. I first provide a freedom-based account of the wrongness of discrimination according to which discrimination is wrong when and because it involves disadvantaging people in the exercise (...) of their freedom on the basis of morally arbitrary features of their identity. Discrimination is permissible, I suggest, when it is necessary to advance a valuable exercise of the discriminating agent’s freedom. I then apply this account to the case of social cost health requirements. Against critics of these requirements, I argue that it is sometimes permissible for states to discriminate against prospective immigrants with disabilities. States may do so, I suggest, when such discriminatory treatment is necessary to prevent an increase in rates of mortality and/or morbidity amongst citizens. Alongside critics of social cost health requirements however, I argue that existing policies are likely a form of wrongful discrimination insofar as they are too broad to satisfy this standard. (shrink)

Canada, as one of the three Allied nations collaborating on atomic energy development during the Second World War, had an early start in applying its new knowledge and defining a new profession. Owing to postwar secrecy and distinct national aims for the field, nuclear engineering was shaped uniquely by the Canadian context. Alone among the postwar powers, Canadian exploration of atomic energy eschewed military applications; the occupation emerged within a governmental monopoly; the intellectual content of the discipline was influenced (...) by its early practitioners, administrators, scarce resources, and university niches; and a self-recognized profession coalesced later than did its American and British counterparts. This paper argues that the history of the emergence of Canadian nuclear engineers exemplifies unusually strong shaping of technical expertise by political and cultural context. (shrink)

In Canada, there are currently no guidelines at either the federal or provincial level regarding the provision of kidney transplantation services to foreign nationals (FN). Renal transplant centres have, in the past, agreed to put refugee claimants and other FNs on the renal transplant waiting list, in part, because these patients (refugee claimants) had health insurance through the Interim Federal Health Programme to cover the costs of medication and hospital care. However, severe cuts recently made to this programme have (...) forced clinicians to question whether they should continue with transplants for FNs, for financial and ethical reasons. This paper first examines different national policies (eg, in Canada, USA, France and the UK) to map the diversity of approaches regarding transplantation for FNs, and then works through different considerations commonly used to support or oppose the provision of organs to these patients: (1) the organ shortage; (2) the free-rider problem; (3) the risk of becoming a transplant destination; (4) the impact on organ donation rates; (5) physicians’ duties; (6) economic concerns; (7) vulnerability. Using a Canadian case as a focus, and generalising through a review of various national policies, we analyse the arguments for and against transplantation for FNs with a view to bringing clarity to what is a sensitive political and clinical management issue. Our aim is to help transplant centres, clinicians and ethicists reflect on the merits of possible options, and the rationales behind them. (shrink)

Goodman draws together, in this memoir, his explorations of meaning and coincidence, and his lived experiences of chance, and his professional experiences teaching, writing, and consulting about risk. The book opens by describing the author's life-changing encounter with a Zen Buddhist monk in 1977, over a cup of tea. Returning to his beginnings, Goodman recounts his coming-of-age, from participating the 1960’s U.S. protests and Vietnam-War resistance, to finally settling down in Canada. He describes his role in a supporting, silent (...) vigil around Willard Straight Hall at Cornell University, the night after it had been occupied by protestors, and his later application for Conscientious Objector status, following the U.S. draft lottery in 1969. He reflects on the challenges and changes on his road taken, in his career and personal relationships, and in spiritual searches, to share some insights about the seamless nature of chance, and about seeing a Both/And perspective in life that encourages openness to possibilities. -/- . (shrink)

[In June 2022, Anayat Ullah Mugloo, a research scholar at the University of Kashmir, Srinagar, India, contacted Dr. Devinder Pal Singh, Director of the Center for Understanding Sikhism, Canada, to explore the legacy of Guru Nanak, the founder of Sikhism, and his role in peacebuilding in South Asia. This interaction resulted in the following deliberation.].

In this paper, I explore how theorists might navigate a course between the twin dangers of piety and excess cynicism when thinking critically about state apologies, by focusing on two government apologies to indigenous peoples: namely, those made by the Australian and Canadian Prime Ministers in 2008. Both apologies are notable for several reasons: they were both issued by heads of government, and spoken on record within the space of government: the national parliaments of both countries. Furthermore, in each case, (...) the object of the apology – that which was apologized for – comes closer to disrupting the idea both countries have of themselves, and their image in the global political community, than any previous apologies made by either government. Perhaps as a result, both apologies were surrounded by celebration and controversy alike, and tracing their consequences – even in the short term – is a difficult business. We avoid excessive piety or cynicism, I argue, when we take several things into account. First, apologies have multiple functions: they narrate particular histories of wrongdoing, they express disavowal of that wrongdoing, and they commit to appropriate forms of repair or renewal. Second, the significance and the success of each function must be assessed contextually. Third, when turning to official political apologies, in particular, appropriate assessment of their capacity to disavow or to commit requires that consider apologies both as performance and as political action. While there remain significant questions regarding the practice of political apology – in particular, its relationship to practices of reparation, forgiveness and reconciliation – this approach can provide a framework with which to best consider them. (shrink)

A hitherto neglected form of explanation is explored, especially its role in population genetics. “Statistically abstractive explanation” (SA explanation) mandates the suppression of factors probabilistically relevant to an explanandum when these factors are extraneous to the theoretical project being pursued. When these factors are suppressed, the explanandum is rendered uncertain. But this uncertainty traces to the theoretically constrained character of SA explanation, not to any real indeterminacy. Random genetic drift is an artifact of such uncertainty, and it is therefore wrong (...) to reify it as a cause of evolution or as a process in its own right. *Received July 2009. †To contact the author, please write to: Department of Philosophy, University of Toronto, 170 St. George St., Toronto, ON M5R 2M8, Canada; e‐mail: [email protected]. (shrink)

Medical assistance in dying, which includes voluntary euthanasia and assisted suicide, is legally permissible in a number of jurisdictions, including the Netherlands, Belgium, Switzerland and Canada. Although medical assistance in dying is most commonly provided for suffering associated with terminal somatic illness, some jurisdictions have also offered it for severe and irremediable psychiatric illness. Meanwhile, recent work in the philosophy of psychiatry has led to a renewed understanding of psychiatric illness that emphasises the role of the relation between the (...) person and the external environment in the constitution of mental disorder. In this paper, I argue that this externalist approach to mental disorder highlights an ethical challenge to the practice of medical assistance in dying for psychiatric illness. At the level of the clinical assessment, externalism draws attention to potential social and environmental interventions that might have otherwise been overlooked by the standard approach to mental disorder, which may confound the judgement that there is no further reasonable alternative that could alleviate the person’s suffering. At the level of the wider society, externalism underscores how social prejudices and structural barriers that contribute to psychiatric illness constrain the affordances available to people and result in them seeking medical assistance in dying when they otherwise might not have had under better social conditions. (shrink)

Introduction: Clinical practice guidelines (CPGs) are an important source of justification for clinical decisions in modern evidence-based practice. Yet, we have given little attention to how they argue their evidence. In particular, how do CPGs argue for treatment with long-term medications that are increasingly prescribed to older patients? Approach and rationale: I selected six disease-specific guidelines recommending treatment with five of the medication classes most commonly prescribed for seniors in Ontario, Canada. I considered the stated aims of these CPGs (...) and the techniques employed towards those aims. Finally, I reconstructed and logically analysed the arguments supporting recommendations for pharmacotherapy. Analysis: The primary function of CPGs is rhetorical, or persuasive, and their means of persuasion include both a display of their credibility and their argumentation. Arguments supporting pharmacotherapy recommendations for the target population follow a common inductive pattern: statistical generalization from randomized controlled trial (RCT) and meta-analysis evidence. Two of the CPGs also argue their treatment recommendations for older patients in this style, while three fail to justify pharmacotherapy specifically for the older population. Discussion: The arguments analysed lack the auxiliary assumptions that would warrant making a generalization about the clinical effectiveness of medications for the older population. Guidelines reason using simple induction, while ignoring important inferential gaps. Future guidelines should aspire to be well-reasoned rather than simply evidence-based; argue from a plurality of evidence; be wary of hasty inductions; appropriately limit the scope of their recommendations; and avoid making law-like, prescriptive generalizations. (shrink)

A review of Michael Ignatieff's book, 'Fire and Ashes: Success and Failure in Politics', published by Harvard University Press, 2013.

It strikes many as obvious that negative facts—such as that Justin Trudeau is not the prime minister of Australia—are not fundamental: negative facts must ultimately be explained in terms of positive facts (for instance, that Justin Trudeau is the prime minister of Canada). I focus on a particular class of negative facts: contingent negative existentials (such as that there are no 10ft tall humans). If contingent negative existentials are not fundamental, then they must be explained. But the claim that (...) contingent negative existentials are explained is in tension with the widely held view that any universal generalization can be explained by its instances together with a totality fact (i.e. a fact to the effect that the instances exhaust the relevant domain). This is because a totality fact is itself a negative existential, and equivalent to a universal generalization. If the explanation for any contingent negative existential must appeal to another contingent negative existential, then—unless there are no fundamental facts—not all contingent negative existentials can be non-fundamental. I argue that we should give up the age-old mantra that only positive facts can be fundamental. I show that at least some contingent negative existentials are fundamental. I first make the case for including a totality fact in the explanans for a contingent negative existential and show that alternative accounts for explaining such facts are inadequate. I then undermine the standard arguments for subscribing to the view that there are no negative facts—including negative existentials—at the fundamental level. (shrink)

Understanding academic gender gaps is difficult because gender-imbalanced fields differ across many features, limiting researchers’ ability to systematically study candidate causes. In the present preregistered research, we isolate two potential explanations—brilliance beliefs and fixed versus growth intelligence mindsets—by comparing two fields that have inverse gender gaps and historic and topical overlap: philosophy and psychology. Many more men than women study philosophy and vice versa in psychology, with disparities emerging during undergraduate studies. No prior work has examined the contributions of both (...) self-perceptions of brilliance and fixed versus growth mindsets on choice of major among undergraduate students. We assessed field-specific brilliance beliefs, brilliance beliefs about self, and mindsets, cross-sectionally in 467 undergraduates enrolled in philosophy and psychology classes at universities in the United States and Canada via both in-person and online questionnaires. We found support for the brilliance beliefs about the self, but not mindset, explanation. Brilliance beliefs about oneself predicted women’s but not men’s choice of major. Women who believed they were less brilliant were more likely to study psychology (perceived to require low brilliance) over philosophy (perceived to require high brilliance). Findings further indicated that fixed versus growth mindsets did not differ by gender and were not associated with major. Together, these results suggest that internalized essentialist beliefs about the gendered nature of brilliance are uniquely important to understanding why men and women pursue training in different academic fields. (shrink)

Epistemic consequentialism has been challenged on the grounds that it is overly demanding. According to the Epistemic Junk Problem, this view implies that we are often required to believe junk propositions such as ‘the Great Bear Lake is the largest lake entirely in Canada’ and long disjunctions of things we already believe. According to the Numerosity Problem, this view implies that we are frequently required to have an enormous number of beliefs. This paper puts forward a novel version of (...) epistemic consequentialism which avoids these twin demandingness problems. The key is to recognise, first, that the final epistemic value of a true belief depends at least in part on the duration for which it is retained by the agent and, second, that our cognitive makeup places important constraints on which beliefs are retained and for how long. (shrink)

What are we to make of the fact that world leaders, such as Canada’s Justin Trudeau, have, within the last few decades, offered official apologies for a whole host of past injustices? Scholars have largely dealt with this phenomenon as a moral question, seeing in these expressions of contrition a radical disruption of contemporary neoliberal individualism, a promise of a more humane world. Focusing on Canadian apology politics, this essay instead proposes a nonideal approach to state apologies, sidestepping questions (...) of what they ought to do and focusing instead on their actual functioning as political acts. Through a sociologically informed speech act theory and Foucault’s work on power, apology is conceptualized as a speech act with an essentially relational nature. The state, through apologizing, reaffirms the norms governing its relationship to its subjects at a moment when a past transgression threatens to destabilize this relation. From a Foucauldian point of view, the state’s power inheres in the very stability of the state–citizen relation, and we should therefore see apologies as defensive moves to protect state hegemony. In the context of Western liberal democracies, such as Canada, apologies embody, rather than challenge, the logic of neoliberal governmentality by suggesting that everything, including resentment against the state, can be managed within the current status quo. Nevertheless, total cynicism about apology politics is not warranted. In many indigenous apology campaigners’ demands for contrition we see another side of apologies: their potential to bring about change by enacting counterhegemonic relations to the state. (shrink)

During the period 1870-1914 the existing discipline of psychology was transformed. British thinkers including Spencer, Lewes, and Romanes allied psychology with biology and viewed mind as a function of the organism for adapting to the environment. British and German thinkers called attention to social and cultural factors in the development of individual human minds. In Germany and the United States a tradition of psychology as a laboratory science soon developed, which was called a 'new psychology' by contrast with the old, (...) metaphysical psychology. Methodological discussion intensified. New syntheses were framed. Chairs were established and Departments founded. Although the trend toward institutional autonomy was less rapid in Britain and France, significant work was done by the likes of Galton and Binet. Even in Germany and America the purposeful transformation of the old psychology into a new, experimental science was by no means complete in 1914. And while the increase in experimentation changed the body of psychological writing, there was considerable continuity in theoretical content and non-experimental methodology between the old and new psychologies. This chapter follows the emergence of the new psychology out of the old in the national traditions of Britain, Germany, and the United States, with some reference to French, Belgian, Austrian, and Italian thinkers. While the division into national traditions is useful, the psychological literature of the second half of the nineteenth century was generally a European literature, with numerous references across national and linguistic boundaries, and it became a North Atlantic literature as psychology developed in the United States and Canada. The order of treatment, Britain, Germany, and the US, follows the center of gravity of psychological activity. The final section considers some methodological and philosophical issues from these literatures. (shrink)

Patients in Quebec can legally obtain medical assistance in dying (MAID) if they are able to give informed consent, have a serious and incurable illness, are at the end of their lives and are in a situation of unbearable suffering. Since the Supreme Court of Canada’s 2015 Carter decision, access to MAID, under certain conditions, has become a constitutional right. Quebec physicians are now likely to receive requests for MAID from their patients. The Quebec and Canadian laws recognize a (...) physician’s right to conscientious objection, but this right is contested both in the medical ethics literature and in the public sphere. This paper presents the results of a qualitative study conducted with twenty Quebec physicians who did not integrate MAID into their medical practice, either because they were opposed to or deeply ambivalent about MAID. The interviews aimed to explore the reasons – religious and secular – for opposition to or ambivalence towards MAID. The secular reasons given by participants were grouped into four main categories: 1) the ends of medicine and professional identity, 2) the philosophy of palliative medicine and resource allocation in palliative care, 3) benevolent paternalism, the “good death”, and the interests of future selves, 4) the risk of a slippery slope and the protection of vulnerable people. (shrink)