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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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The Canadian Environmental Assessment Act 2012, which came into force on 6 July 2012, virtually eliminates the core of federal-level environmental assessment in Canada. Under the new law, federal environmental assessments will be few, fragmentary, inconsistent and late. Key decision-making will be discretionary and consequently unpredictable. Much of it will be cloaked in secrecy. The residual potential for effective, efficient and fair assessments will depend heavily on requirements under other federal legislation and on the uneven diversity of provincial, territorial and Aboriginal assessment processes. This paper reviews the key characteristics of the new law in light of 10 basic design principles for environmental assessment processes, and considers the broader international implications of the Canadian retreat from application of these principles.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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This commentary assesses the key changes to the federal environmental assessment (EA) process contained in the 2012 Budget Implementation Bill. The resulting Canadian Environmental Assessment Act 2012 (CEAA 2012) is compared to the federal EA process that had been in place since the implementation of the original CEAA in 1995. The article concludes that the key changes brought about by the enactment of CEAA 2012, including the shift in responsibility for EA, the discretionary application of the process, the narrowed scope, new powers of delegation, substitution and equivalency, and the more restricted role of the public all function counter to the improvements to CEAA 1995 recommended in the academic literature. [PUBLICATION ABSTRACT]
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The Supreme Court of Canada held in Guerin and Sparrow that the Crown has a fiduciary obligation to protect the interests of aboriginal people. While this obligation undoubtedly applies to the federal Crown, its application to the provincial Crowns remains to be determined. This article attempts to set out the parameters of the Crown's fiduciary obligation to aboriginal people. Based on historic, legislative and jurisprudential analysis, the author submits that the fiduciary obligation is an exclusive federal Crown responsibility.
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Loyalty has many meanings, within and without the law. There is a difficult question about whether loyalty is a virtue, inasmuch as one can be loyal to many causes, not all of them virtuous. For many jurists, the notion of loyalty evokes the common law’s fiduciary relationship and the norms that are particular to that … Continued
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Transcripts of chat logs of naturally occurring, sexually exploitative interactions between offenders and victims that took place via Internet communication platforms were analyzed. The aim of the study was to examine the modus operandi of offenders in such interactions, with particular focus on the specific strategies they use to engage victims, including discursive tactics. We also aimed to ascertain offenders’ underlying motivation and function of engagement in online interactions with children. Five cases, comprising 29 transcripts, were analyzed using qualitative thematic analysis with a discursive focus. In addition to this, police reports were reviewed for descriptive and case-specific information. Offenders were men aged between 27 and 52 years (M = 33.6, SD = 5.6), and the number of children they communicated with ranged from one to 12 (M = 4.6, SD = 4.5). Victims were aged between 11 and 15 (M = 13.00, SD = 1.2), and were both female and male. Three offenders committed online sexual offenses, and two offenders committed contact sexual offenses in addition to online sexual offenses. The analysis of transcripts revealed that interactions between offenders and victims were of a highly sexual nature, and that offenders used a range of manipulative strategies to engage victims and achieve their compliance. It appeared that offenders engaged in such interactions for the purpose of sexual arousal and gratification, as well as fantasy fulfillment.
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A preparatory process is widely accepted to be a common feature in the perpetration of sexual offenses. Numerous commentators, however, have documented the difficulties in defining and understanding this process, given its transient nature and its specificity to this one form of criminal behavior. This theoretical review aims to provide a universal model of a grooming process for the achievement of illicit or illegal goals in which achievement requires the compliance or submission of another individual—one that can be applied both to the sexual offending process and beyond. First, an evaluation of three process models of grooming is conducted. Second, using a process of theory knitting, an integrated universal model of illicit grooming is developed. This model unites salient elements of the previous models while seeking to address their limitations. It is founded in control theory and self-regulation approaches to behavior, assumes a goal-directed protagonist, and comprises two distinct phases, namely, (1) a potentiality phase of rapport-building, incentivization, disinhibition, and security-management and (2) a disclosure phase in which goal-relevant information is introduced in a systematic and controlled manner in order to desensitize the target. Finally, the theoretical quality of the model is appraised, and its clinical implications are discussed.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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