Journal articles on the topic 'Canada. Laws, etc. Statutes of Canada'

This paper explains some of the main differences between the development and the structure of environmental legislation, regulations and programs in Canada and the United States. In Canada, the division of powers under the Federal Constitution between Parliament and Provincial Legislatures explains the structure and scope of Canadian environmental law. Federal laws and regulations have been mostly sectoral while Provincial laws have been broader and have been successful in integrating environmental planning instruments. U.S. environmental laws, regulations and programs are developed under the leadership of Congress. The Environmental Protection Agency and State Governments are called upon to play an important role in the implementation of Federal environmental statutes. Contrary to the Canadian situation, citizen suits and the Judiciary are instrumental in the development of U.S. environmental law.

The Master and Servant Project at York University (Toronto) analyses employment laws torn a hundred Britishjurisdictionsoverfourcenturies, examiningthe lexical relationships among many hundreds of statutes, and seeking explanations for the clustering of particular legal provisions in particular parts of the imperial economy. The complexity, redundancy, and sheer bulk of the material invited computer analysis. Commercial database software (askSam) documents the paper archive; analysis reUes largely on programmes developed in the project and on TACT, a text retrievalpackage from the Centre for Computing in the Humanities, University of Toronto. Lexical content is approached with programmes that calculate the overlap oflanguage among sentences across the whole archive; high scores identify candidate terms for detailed examination in TACT. Analysis of the policy of the acts (independent of their lexical form) relies on coded versions of the statutes, created with a coding engine that minimizes errors. A conceptual clustering programme, in which the computer repeatedly sorts the coded versions according to subsets ofcharacteristics, groups the statutes into unambiguous sets with common features. The techniques described are applicable wherever the language or conceptual content oflarge numbers oftexts needs to be compared in detail.

This article explores the nature of Canada’s laws and regulations governing the Northern Canada Vessel Services Zone Regulations (nordreg) within the context of the international law of the sea. It provides context for the response to nordreg by the United States, and forecasts the impact of nordreg on future shipping regulations in the Arctic Ocean more generally. As Arctic nations develop shipping regulations, Canadian statutes—and their intersection with the international law of the sea and the rules adopted by the International Maritime Organization—are instructive for ensuring safety and security in the unique marine polar environment.

Non-resident suppliers of digital products and services are not required to collect and remit goods and services tax (GST)/harmonized sales tax (HST) if they are not "carrying on business" in Canada. The term "carrying on business" in Canada is not defined in the legislation. Leaving aside policy arguments in favour of, or against, requiring such non-resident suppliers without a physical presence in Canada to register, the author of this article considers whether the current legal framework should be reinterpreted to require such suppliers to become registered for GST/HST on the basis of a purely digital presence. He addresses these issues by considering the textual, contextual, and purposive meaning of the term "carrying on business" (and its permutations) in the Excise Tax Act (Canada) (ETA). He concludes that while developments in other areas of law, such as conflict-of-laws jurisprudence, may expand the common-law meaning of "carrying on business" in a jurisdiction to include having a purely digital presence, the interpretive framework particular for tax statutes in Canada, and the specific use of the term in the ETA itself, lead to the conclusion that a specific change in law would be the more appropriate way to impose registration and collection obligations on such non-resident suppliers.

This article is divided into four parts: the first is a brief survey of race relations in Canada before the enactment of anti-discrimination legislation; the next two parts are devoted to an outline of the scope of this legislation and of the administration and enforcement of it ; finally, the last part suggests some current and possible future developments to make it more effective. Prior to the nineteenth century both the French and the British settlers in the colonies that have become a part of Canada had slaves. Slavery was not, however, very extensive due to lack of large agricultural holdings. At the end of the eighteenth century the legislature in Upper Canada and some judges in Lower Canada limited its expansion and helped to end its practice. The British Imperial Emancipation Act of 1833 brought it to an end. In the next few decades, up to the American Civil War, some Canadians helped run-away slaves from the slave-holding states in the United States, while others actively discouraged them from coming. By the end of the nineteenth century a new source of racial tension arose on the West Coast between the newer immigrants from Asia and the older immigrants from Europe. The result was the enactment of numerous discriminatory laws by the legislature of British Columbia and subsequently, on a lesser scale, by the other western provinces. Most of these remained on the statute books until after World War II. None of these laws were held invalid by the courts on the basis of their discriminatory nature. In addition, both the common law and the Civil Code were interpreted as not prohibiting private discrimination, except by hotel-keepers and common carriers. The change from this situation started in the I930's with a few specific legislative prohibitions of discrimination in specific instances. In the 1940's Ontario, with respect to signs and advertisements and Saskatchewan, with respect to a whole range of activities, enacted legislation prohibiting discrimination, enforcing their prohibitions with penal sanctions. The 1950's saw the introduction of fair employment and fair accommodation practices acts. By the I960's these were being consolidated into comprehensive human rights codes administered by human rights commissions. This trend has continued up to this year, with the result that all eleven jurisdictions have commissions charged with enforcing antidiscrimination codes or acts. The usual, but not invariable, procedure is the laying of a complaint, the investigation of it by the commission staff, an attempt to bring about a settlement and finally, failing that, a hearing before an adjudicative tribunal to determine whether an act of discrimination did occur and, if so, what redress is appropriate. In concluding, three suggestions are made regarding measures that could be taken to strengthen the effectiveness of anti-discrimination legislation: (I) contract compliance; (2) greater independence for the commissions from the government; and (3) giving the legislation paramountcy over other statutes.

Recently, Canadian media reports warned that the Government of Ontario was considering the implementation of Sharia law as a judicial equivalent to Ontario law.1 Such reports were not accurate. Rather, the issue was whether arbitration by Islamic tribunals using Muslim law, which is often called Sharia law by non- Muslims, ought to be allowed under the auspices of general arbitration statutes.2 A cross-section of Muslim Canadians actively mobilized to oppose such a possibility through coalition- building and letter-writing campaigns.3 In June 2004, Marion Boyd was commissioned by the province to examine the issues surrounding the use of private arbitration to resolve family and inheritance cases, and the impact of the same on vulnerable people. The Boyd Report, tabled in December 2004, recommended that religious institutions be allowed to arbitrate such disputes on the basis of religious law, provided that a list of forty-six safeguards were adhered to.4 After the Boyd Report, some religious groups argued in favour of religious adjudications.5 Much public debate ensued, leading to a vociferous statement by Premier Dalton McGuinty, who vocally rejected religious adjudication.6 Further, the Government of Ontario outlined that it “will ensure that the law of the land in Ontario is not compromised, that there will be no binding family arbitration in Ontario that uses a set of rules or laws that discriminate against women.”7 The province amended its Arbitration Act8 and Family Law Act9 to provide that family arbitrations were conducted “in accordance with Ontario law or the law of another Canadian jurisdiction.”

Abstract This article describes the conflict-of-laws rules of the USA and Canada on the effectiveness against third parties and priority of an assignment of trade receivables. Comparisons are also made with the rules proposed on these issues by the European Commission’s Proposal of 12 March 2018 and the UNCITRAL Model Law on Secured Transactions. The conflict-of-laws rules examined in the article generally designate the location of the assignor as the place whose law applies to the effectiveness against third parties and the priority of an assignment. The article shows however that the definition of the location of the assignor varies from one jurisdiction to another (statutory seat, chief executive office, state of constitution, etc.) Moreover, the US rules and certain Canadian rules define the location of a business corporation using a criterion which is different depending on the corporation’s jurisdiction of incorporation. In addition, the European Commission’s Proposal allows the parties to an assignment made in the course of a securisation transaction to deviate from the assignor’s location rule and select the law governing the receivable as the applicable law. All of these differences result in a lack of harmonization. The article also summarizes the analysis that a financier must conduct to identify the jurisdiction(s) where the financier would normally want that an assignment in its favour be recognized. The relevant jurisdictions are normally the jurisdiction(s) in which insolvency proceedings relating to the assignor may take place and the other jurisdiction(s) where the debtors of the receivables could be located; a dispute might sometimes occur in these other jurisdictions with a competing claimant attempting to claim priority (e.g. a judgement creditor who would seize receivables owed by the debtors located in those jurisdictions). As the insolvency jurisdiction(s) and the other jurisdiction(s) in which the debtors are located may have different conflict-of-laws rules, a prudent financier should examine the applicable rules of all relevant jurisdictions.

AbstractGuaranteeing “certainty” (for governments, business development, society, etc.) is often the goal of state land rights settlements with Indigenous peoples in Canada. Certainty is also often seen as an unequivocally desirable and positive state of affairs. This paper explores how certainty and uncertainty intersect with the challenges of decolonization in North America. I explore how settler certainty and entitlement to Indigenous land has been constructed in past colonial and current national laws, land policies, and ideologies. Then, drawing on data from fieldwork among activists against land rights, I argue that their deep anger about their uncertainty regarding land and their futures helps to reveal how certainty and entitlement underpin “settler states of feeling” (Rifkin). If one persistent characteristic of settler colonialism is settler certainty and entitlement, then decolonization, both for settlers and for jurisprudence, may therefore mean embracing uncertainty. I conclude by discussing the relationship between certainty, uncertainty, and decolonization.

The Free Trade Agreement between Canada and United States mainly seeks to encourage the exchange of manufactured goods. Consumer protection requirements are not, however, taken into consideration. Nonetheless, judicial, bureaucratic and legislative actions adopted in both countries for the security of goods such as mandatory information, product bans, mandatory product standarization requirements, mandatory design, and performance standards, judicial awards of compensation in product liability suits etc. may affect the concurential position of exporters and influence the substance of domestic consumer protection laws. It is the author's objective to measure the impact that different domestic regulations may have on the security of products within the framework of the Free Trade Agreement. In the first part of this paper, the author explores American legislation on the security of products and compares it with Canadian legislation. In the second part, the author considers the liability of manufacturers and evaluates the impact of the statutory regulation on their liability for dangerous products in each country.

In democratic Switzerland, each of its 26 cantons (states) has its own government and its own laws. Thus there are 26 ministries of health and as many different laws regulating medical and health care practice. The Swiss Nurses' Association likewise has 13 regional chapters and a central organization that works on the national level. Medicine is private and practically all of the Swiss population is privately insured. High technology has led to high specialization with, among other results, a reduced number of premature deaths, longer life span but also rising costs of health. Health professionals are also becoming much more aware of ethical issues such as cost versus quality, high technology versus compassionate care, etc. A multilingual (four national languages) and multicultural country, Switzerland's health care system relies heavily on foreign nurses, many of whom come from neighbouring France and Germany but also from England, Yugoslavia, Canada and other countries. Regulation of nursing practice is still poor. Nursing or nurses are hardly mentioned in the state laws and, when mentioned, are often put in a dependent relation to the physician. Basic nurse training is regulated nationally by cantonal delegations to the Swiss Red Cross. Although there is a good postbasic training scheme, nurses are still striving for access to the university. Meanwhile, they go abroad to acquire degrees. Research in nursing is being developed mainly by the efforts of individuals and the Swiss Nurses' Association.

Terrorism is a concept that defies a simple and straightforward legal definition. Therefore, it is not surprising to find that there is no Comprehensive Convention on Terrorism with a universally accepted definition of what constitutes “terrorism.” Consequently, States have devised their own definitions of what constitutes terrorism that are typically found in their criminal law. This raises the fundamental question of whether there is a convergence or divergence in jurisprudential trends on what constitutes terrorism among States? Presumably, a convergence in jurisprudential trends is more likely to contribute to combatting the threat of terrorism at the international and national levels. Accordingly, this article comparatively analyzes the definition of terrorism in three common law jurisdictions: the United Kingdom, the United States, and Canada. It finds that although there are a number of similarities in the definition of terrorism in these three States, they have significantly different definitions of what constitutes terrorism. The UK definition, ostensibly, has the broadest definition of terrorism of the three States. The US has, undoubtedly, the most unique, with separate definitions for “international terrorism” and “domestic terrorism.” Additionally, Canada has the most international definition of terrorism, drawing on 13 functional terrorism Conventions to define offenses such as hijacking, hostage taking, and bombing, etc. The second part of the article comparatively analyzes seven of the leading Supreme Court cases on terrorism in these three States. From the ratio or rationes decidendi in each of these cases, it draws out the twelve legal principles that underlie these judgements and finds that they are similar and overall consistent. The conclusion reached is that there is, at least in these three common law jurisdictions, an apparent convergence in jurisprudential trends in the law of terrorism. This augurs well for the development and emergence of a common definition of what constitutes terrorism at the international and transnational levels, as well as more rigorous and effective counter-terrorism laws and policies within and across States.

Introduction: the paper investigates the experience of some countries of Western Europe (Italy, Germany, Austria and The Netherlands), North America (the U.S. and Canada) and Asia (Mongolia and Japan) in the field of state protection of penitentiary personnel. The aim of summarizing the experience of these countries is to identify relevant examples of legal regulation and organization of state protection of civil servants, including prison staff, for the purpose of implementation of this experience in Russian practice. Methods: we use general scientific (analysis, synthesis, induction, etc.) and specific sociological methods of cognition (comparative-legal, sociological, statistical, comparative). Results: having conducted the comparative study, we find that Mongolia and Japan do not have a separate unified legal framework for state protection of penitentiary personnel. The norms that establish the legal and social guarantees of employees are contained in several laws and by-laws that specify them. The experience of the countries of Western Europe and America indicates that the activities aimed at ensuring state protection are concentrated and implemented by a specially created body with a wide range of powers. In these countries, special attention is paid to the issue of separate funding of programs for the protection of state servant sand persons who assist justice. Discussion: we highlight the fact that the legal and organizational aspects of ensuring state protection of the personnel of penitentiary institutions in some foreign countries have positive aspects. Some examples of foreign experience can be used in law-making and law enforcement activities in the Russian Federation. Keywords: Penitentiary personnel; foreign experience; state protection; penal system; security measures; legal and social protection measures

The article analyses the legal characteristics of the criminal laws of foreign States belonging to the Anglo-Saxon legal family (in the case of Great Britain and the United States of America) with regard to criminal liability for crimes committed by electronic means of payment. The peculiarities of this legal family are noted, which affect the position of the legislator with regard to the regulation of cybercrime, including the legal nature of criminal law; The importance of resolutions of the Royal (Westminster) Courts, the Supreme Court on the constitutionality or unconstitutional nature of ordinary («current») laws (USA), in Canada, Australia and other English-speaking States, in which acts of the highest courts on identical subjects have acquired special importance. Problems affecting criminal legislation have been identified: the de facto absence of systematic rules on the limits of the criminal law; There are contradictions between the written sources of criminal law (in particular with regard to fraud and computer crimes; Recognition of the interpretation of the law by sources of criminal law, etc.). It is noted that there is no Criminal Code in the UK, however, issues of criminal liability for computer crimes are regulated at the level of written law: in the Law on Computer Crimes the adoption of which was facilitated by the judicial precedent of 1988 (R v Gold & Schifreen), in the Law on Fraud of 2006, which classifies the elements of crimes committed in the form of fraudulent fraud. The peculiarities of the criminal law of the United States, which like Great Britain, does not have a codified system of criminal law at the federal level, are noted. An analysis of the two-tier legal system of the United States, the peculiarities of criminal liability for cybercrime in certain states, including FOR theft and fraud by the use of payment cards, has been carried out.

The T-Spherical Fuzzy set (T-SPHFS) is one of the core simplifications of quite a lot of fuzzy concepts such as fuzzy set (FS), intuitionistic fuzzy set (ITFS), picture fuzzy set (PIFS), Q-rung orthopair fuzzy set (Q-RUOFS), etc. T-SPHFS reveals fuzzy judgment by the degree of positive membership, degree of abstinence, degree of negative membership, and degree of refusal with relaxed conditions, and this is a more powerful mathematical tool to pair with inconsistent, indecisive, and indistinguishable information. In this article, several novel operational laws for T-SPFNs based on the Schweizer–Sklar t-norm (SSTN) and the Schweizer–Sklar t-conorm (SSTCN) are initiated, and some desirable characteristics of these operational laws are investigated. Further, maintaining the dominance of the power aggregation (POA) operators that confiscate the ramifications of the inappropriate data and Heronian mean (HEM) operators that consider the interrelationship among the input information being aggregated, we intend to focus on the T-Spherical fuzzy Schweizer–Sklar power Heronian mean (T-SPHFSSPHEM) operator, the T-Spherical fuzzy Schweizer–Sklar power geometric Heronian mean (T-SPHFSSPGHEM) operator, the T-Spherical fuzzy Schweizer–Sklar power weighted Heronian mean (T-SPHFSSPWHEM) operator, the T-Spherical fuzzy Schweizer–Sklar power weighted geometric Heronian mean (T-SPHFSSPWGHEM) operator, and their core properties and exceptional cases in connection with the parameters. Additionally, deployed on these newly initiated aggregation operators (AOs), a novel multiple attribute decision making (MADM) model is proposed. Then, the initiated model is applied to the City of Penticton (British Columbia, Canada) to select the best choice among the accessible seven water reuse choices to manifest the practicality and potency of the preferred model and a comparison with the proffered models is also particularized.

The article described the regulatory component of the state policy on formation of a healthy lifestyle in Ukraine. After all, the problem of forming a healthy lifestyle requires special attention, both from scientists in the fields of pedagogy, psychology, law, physical culture and sports, philosophy, sociology, medicine, and from the public, mass media and every citizen of Ukraine. It is known that the critical situation, which led to the creation of unfavorable conditions for a healthy lifestyle of the population of Ukraine, due to the action of such factors as: imperfection of the health care system; low level of awareness of the value of health as equity; finding the vast majority of the population in conditions of socio-economic instability and the like. It was found out that the state policy on the formation of a healthy lifestyle in Ukraine is represented by laws and by-laws developed on their basis. It has been established that the resolution of specific issues of health and fitness activities of subjects of the sphere of physical culture and sports is also affected by legal acts of other sectors, in particular health, education, economics, etc. The basic regulatory documents aimed at implementing state policy on the formation of a healthy lifestyle in Ukraine are defined in particular, the Law of Ukraine “On Physical Culture and Sports”, the State target social program for the development of physical culture and sports for the period until 2020 and regional programs for the development of physical culture and sports, the state target social program “Youth of Ukraine” for 2016-2020 and the National a strategy for improving physical activity in Ukraine for the period up to 2025 "Physical activity - a healthy way of life - a healthy nation" and others. National strategies and recommendations for the health activity of different population groups have been adopted in the Member States of the European Union, USA, Canada, Australia, Japan. The purpose of the National Strategy for Healthy Movement Activity in Ukraine is to formulate in society the conditions for healthful exercise activity and healthy lifestyles for shaping the health of citizens as the highest social value in the country.

The article has investigated the mechanisms of the national (both legal and non-legal) regulation of orphan works, i.e. works the holder (holders) of rights to which is (are) not identified and/or the location of the rights-holder is not established. Orphan works are supposedly protected by copyright, which means the validity of exclusive rights and the potential need to obtain permission from the copyright holder for any form of using the works under consideration, namely: reproduction including digitization, translation, processing, etc. However, in a situation where the right holder is not determined (is unavailable), the user does not have an objective opportunity to obtain such a permission, and the work actually remains unknown to the society, although it can be of artistic, cultural or historical value. Since the beginning of the new millennium, the national legal systems of a number of States have establish a special regime for the legal protection of orphan works, and about 20 states of the world have developed the foundations of such a regime so far. The article analyzes the regulation of orphan works in several states — in the EU and its member states, Great Britain, the USA, Canada, Korea, Japan, India. The authors have determined the foundations of the substantive and conflict of laws regulation of cross-border relations regulating orphan works. Features of regulation of works with an unidentified author in the era of a network society are highlighted: in particular, the need to digitize orphan works, since many of them are in a single copy on the medium ruined by time, and the fact that the digitized work can instantly spread from databases to other jurisdictions. The authors provide for the forecast of possible ways of evolution of legal regulation of relations in question with the use of mechanisms of national and international law.

Abstract "Reciprocity is a relation between two independent powers, such that the citizens of each are guaranteed certain commercial privileges at the hands of the others". The arrangement obtained under the Reciprocity Treaty of 1854 might perhaps be appropriately described as a partial "free-trade area" rather than as a "customs union" since the United States and the British North American Provinces were not assumed to draw up a common tariff schedule for their imports from the outside countries. Each participant maintains its own duties against other countries or even colonies. The Reciprocity Treaty permitted free access in the coastal fisheries to Americans and abolished duties on a wide range of natural products (grain, flour, fish, livestock, coal, timber and other less important natural produce). At the same time, American vessels were admitted to the use of Canadian canals on the same terms as British and colonial vessels. Reciprocity was to apply to Canadian vessels going to United States. In the late 1840's the B.N.A. Provinces were faced by that policy which the literature has called "Little Englandism". When Britain repealed the corn laws and gradually the preferential tariffs on timber the B.N.A. Provinces were shocked to be left on their own. A new commercial system had to be developed: reciprocity was the answer. But, it could have been something else: protection or annexion. The direction of the external trade changes with the Reciprocity Treaty. Before 1851, Britain was Canada's main partner (59% of Canada's Exports). But a decade later, the United States was both Canada's major supplier and its best customer. Neither the Treaty nor the loss of preference in the British Market succeeded in destroying the Trade of B.N.A. Provinces with the United Kingdom. In fact, trade with Britain was greater in 1865 than in 1854. Later, in 1870, Britain took back its leading position. What we see is a diversion of trade from Britain to the United States and back to Britain where the basic commercial connections were well established. The Treaty was disappointing for the "dream" of using the St. Lawrence as the main route to capture the trade of the West did not materialize. The consequence of abrogation was less unfortunate than had in some quarters been anticipated. The Treaty came late after the abolition of the preferential tariffs, and it was disturbed by major events (the crisis of 1857; the American Civil War). After the treaty, recovery of the American currency reconstruction, proximity of the two countries, a new boom in foreign investment in Canada, etc., combined to reduce considerably the potential blow to Canada of the Abrogation. The agreement lasted for twelve years and was finally overwhelmed by the rising tide of protectionism and commercial jealousies and political hostilities of the time. Reciprocity, Confederation, the Nation Policy, the St. Lawrence Seaway (1840/1950), the National Corporations, the pipelines are all the elements of the same continuum: economic and political integration of isolated markets in North America.

At its title indicates, the purpose of this article is to determine what the significance of the preamble of the British North America Act is; that is to say, what influence the preamble of the B.N.A. Act can have in the interpretation of that law. In the first part of this article, Mr. Sormany discusses the fundamental points necessary for the study of the subject, i.e., the formal nature of the preamble of the B.N.A. Act, the analysis of its text, and the interpretation given it by the courts. . . In the second part, he discusses the focal point of his paper — the constitutional importance of the preamble of the B.N.A. Act. More precisely, Mr. Sormany considers that the preamble of the B.N. A. Act can only have an importance that is essentially interpretation in nature. This is derived from the fact that it is no more than the preamble of a law and that, because of that, its significance is limited. Then the analysis of the text of the preamble of the B.N.A. Act makes it possible to determine the exact significance of each of its four paragraphs, and to decide which of these are susceptible of having some significance. For example, in the course of this analysis the author explains that the part of the preamble of the B.N. A. Act which mentions the Constitution of the United Kingdom implies that the Constitution of Canada incorporates the principle of the supremacy of parliamentary law, that is, a fusion of the sovereignty of parliament and of the Rule of Law. Mr. Sormany also explains why, according to him, certain parts of the preamble of the B.N.A. Act, such as the third and fourth paragraphs, are not of constitutional significance. Finally, the author completes this first section with a review of the jurisprudence relative to the preamble of the B.N.A. Act. The purpose of this review is to indicate in which cases and in what fashion the preamble of the B.N.A. Act has been invoked. Therefore, this review is not an analysis of this body of jurisprudence. The analysis of the most important cases appears in section 2. Nevertheless, this review permits one to determine that the preamble of the B.N.A. Act was not invoked only as an affirmation of certain civil liberties (Reference re Alberta Statutes,Saumur, Switzman, Hess, etc. . .) but also, for example, as a reference to the principle of parliamentary supremacy (Persons' Case), and as a recognition of the status and powers of the Lieutenant-governor (In re TheInitiative and Referendum Act). At the start of the second section, Mr. Sormany focuses on the parts of the preamble, which are susceptible of having constitutional significance in the light of his discussions in section 1. According to him, three points emerge from the preamble of the B.N. A. Act, and each of them is the subject of a sub-section. In the first sub-section, the author demonstrates that if one can perceive a reference to the theory of the pact, or to the Quebec and London Resolutions, in the preamble, then in none of its aspects can the preamble have a significance at the juridical level. On the other hand, in the second sub-section, Mr. Sormany concludes that, in spite of its apparent ambiguity, the part of the preamble which refers to the Constitution of the United Kingdom has a very important constitutional significance because it constitutes the only affirmation in the B.N.A. Act of one of its basic principles which is the principle of the supremacy of Parliamentary law. The author analyses why case law has given an entirely different significance to this part of the preamble, finding in it either an affirmation of certain civil liberties, the recognition of the status and of the powers of the Lieutenant-governor, or again, a reference to the principle of Ministerial responsibility and the independence of the courts. Finally, in the third sub-section, Mr. Sormany demonstrates that the preamble of the B.N. A. Act does not possess any constitutional significance in so far as the affirmation of the principle of federalism is concerned. This conclusion is based on the fact that the intent of the B.N.A. Act is sufficiently clear in that question and that the preamble does not add anyting in this respect. This study is thus an exhaustive analysis of the constitutional significance of the preamble of the B.N.A. Act, and it is on this basis that its originality is founded. In effect, although it is a question of a part of the B.N.A. Act which is susceptible of having some influence on constitutional law, and in spite of the declaration of principles which it makes, to date, the preamble of the B.N.A. Act has never itself been the subject of specific analysis.

In the following discussion the authors summarize recent developments in statutes, regulations and regulatory decisions which may be of particular interest to oil and gas lawyers in Canada. The scope of the summary is limited to federal law and the laws of Alberta, British Columbia and Saskatchewan. Notwithstanding this limitation, the developments in this area of law are numerous and this paper seeks only to draw attention to them without attempting to provide detailed descriptions or analysis.

The main concern of this article is the bilateral trade relationship between the United States and Canada, and specifically trade involving the energy industry. The main areas of the trade relationship are examined. First, the aims of the North American Free Trade Agreement are examined to show how it differs from, expands and improves upon the Free Trade Agreement. Second, four areas of commercial law are examined: The Uniform Commercial Code; U.S. federal legislation designed to control conflicting state laws; products liability dealing with the potential liability of Canadian manufacturers to American consumers; and the United Nations Convention on Contracts for the International Sale of Goods. Third, there is advice to Canadian manufacturers on ways to avoid becoming liable for American tax. Fourth, the harmonization of American and Canadian trade and financial statutes in the areas of countervailing duties, dumping, anti-trust and customs tariffs is discussed. This is followed by advice on the different taxation policies followed by the United States and Canada and the implications for bilateral trade. Provisions for the transfer of possession of products are discussed as are immigration questions raised by the entry of Canadians into the United States to sell their products. Finally, the regulation of interstate commerce in the United States is examined.

Images 1-6: Photographs by Rachelle Viader Knowles (2012)This article discusses the cross-cultural, augmented artwork Parallel Worlds, Intersecting Moments (2012) by Rachelle Viader Knowles and Judy Anderson, that premiered at the First Nations University of Canada Gallery in Regina, on 2 March 2012, as part of a group exhibition entitled Critical Faculties. The work consists of two elements: wall pieces with black and white Quick Response (QR) codes created using traditional beading and framed within red Stroud cloth; and a series of videos, accessible via scanning the beaded QR codes. The videos feature Aboriginal and non-Aboriginal people from Saskatchewan, Canada telling stories about their own personal experiences with new technologies. A QR code is a matrix barcode made up of black square modules on a white square in a grid pattern that is optically machine-readable. Performance artist and scholar Rebecca Caines was invited by the artists to participate in the work as a subject in one of the videos. She attended the opening and observed how audiences improvised and interacted with the work. Caines then went on to initiate this collaborative writing project. Like the artwork it analyzes, this writing documents a series of curated experiences and conversations. This article includes excerpts of artist statements, descriptions of artists’s process and audience observation, and new sections of collaborative critical writing, woven together to explore the different augmented elements of the artwork and the results of this augmentation. These conversations and responses explore the cross-cultural processes that led to the work’s creation, and describe the results of the technological and social disruptions and slippages that occurred in the development phase and in the gallery as observers and artists improvised with the augmentation technology, and with each other. The article includes detail on the augmented art practices of storytelling, augmented reality (AR), and traditional beading, that collided and mutated during this project, exploring the tension and opportunity inherent in the human impulse to augment. Storytelling through Augmented Art Practices: The Creation of the WorkJUDY ANDERSON: I am a Plains Cree artist from the Gordon’s First Nation, which is located in Saskatchewan, Canada. As a Professor of Indian Fine Arts at the First Nations University of Canada, I research and continue to learn about traditional art making using traditional materials creating primarily beaded pieces such as medicine bags and drum sticks. Of particular interest to me, however, is how such traditional practices manifest in contemporary Aboriginal art. In this regard I have been greatly influenced by my colleague and friend, artist Ruth Cuthand, and specifically her Trading series, which reframed my thinking about beadwork (Art Placement), and later by the work of artists like Nadia Myer, and KC Adams (Myer; KC Adams). Cuthand’s incredibly successful series taught me that beadwork does not only beautify and “augment” our world, but it has the power to bring to the forefront important issues regarding Aboriginal people. As a result, I began to work on my own ideas on how to create beadworks that spoke to both traditional and contemporary thoughts.RACHELLE VIADER KNOWLES: At the time we started developing this project, we were both working in leadership roles in our respective Departments; Judy as Coordinator of Indian Fine Arts at First Nations University, and myself as Head of Visual Arts at the University of Regina. We began discussing ways that we could create more interconnection between our faculty members and students. At the centre of both our practices was a dialogic method of back and forth negotiation and compromise. JA: Rachelle had the idea that we should bead QR codes and make videos for the upcoming First Nations and University of Regina joint faculty exhibition. Over the 2011 Christmas holiday we visited each other’s homes, beaded together, and found out about each other’s lives by telling stories of the things we’ve experienced. I felt it was very important that our QR codes were not beaded in the exact same manner; Rachelle built up hers through a series of straight lines, whereas mine was beaded with a circle around the square QR code, which reflected the importance of the circle in my Cree belief system. It was important for me to show that even though we, Aboriginal and non-Aboriginal people, have similar experiences, we often have a different approach or way of thinking about similar things. I also suggested we frame the black and white beaded QR codes with bright red Stroud cloth, a heavy wool cloth originating in the UK that has been used in North America as trade cloth since the 1680s, and has become a significant part of First Nations fabric traditions.Since we were approaching this piece as a cross-cultural one, I chose the number seven for the amount of stories we would create because it is a sacred number in my own Plains Cree spiritual teachings. As such, we brought together seven pairs of people, including ourselves. The participants were drawn from family and friends from reserves and communities around Saskatchewan, including the city of Regina, as well as colleagues and students from the two university campuses. There were a number of different age ranges and socioeconomic backgrounds represented. We came together to tell stories about our experiences with technology, a common cross-cultural experience that seemed appropriate to the work.RVK: As the process of making the beadworks unfolded however, what became apparent to me was the sheer amount of hours it takes to create a piece of “augmentation” through beading, and the deeply social nature of the activity. We also worked together on the videos for the AR part of the artwork. Each participant in the videos was asked to write a short text about some aspect of their relationship to technology and communications. We took the short stories, arranged them into pairs, and used them to write short scripts. We then invited each pair to perform the scripts together on camera in my studio. The stories were really broad ranging. My own was a reflection of the profound discomfort of finding a blog where a man I was dating was publishing the story of our relationship as it unfolded. Other stories covered the loss of no longer being able to play the computer games from teenage years, first encounters with new technologies and social networks, secret admirers, and crank calls to emergency services. The storytelling and dialogue between us as we shared our practices became an important, but unseen layer of this “dialogical” work (Kester).REBECCA CAINES: I came along to Rachelle’s studio at the university to be a participant in a video for the piece. My co-performer was a young woman called Nova Lee. We laughed and chatted and talked and sat knee-to-knee together to film our stories about technology, both of us focusing on different types of Internet relationships. We were asked to read one line of our story at a time, interweaving together our poem of experience. Afterwards I asked her where her name was from. She told me it was from a song. She found the song on YouTube on Rachelle’s computer in the studio and played it for us. Here is a sample of the lyrics: I told my daddy I'd found a girlWho meant the world to meAnd tomorrow I'd ask the Indian chiefFor the hand of Nova LeeDad's trembling lips spoke softlyAs he told me of my life twangs then he said I could never takeThis maiden for my wifeSon, the white man and Indians were fighting when you were bornAnd a brave called Yellow Sun scalped my little boySo I stole you to get even for what he'd doneThough you're a full-blooded Indian, son I love you as much as my own little fellow that's deadAnd, son, Nova Lee is your sisterAnd that's why I've always saidSon, don't go near the IndiansPlease stay awaySon, don't go near the IndiansPlease do what I say— Rex Allen. “Don’t Go Near the Indians.” 1962. Judy explained to Rachelle and I that this was a common history of displacement in Canada, people taken away, falling in love with their relatives without knowing, perhaps sensing a connection, always longing for a home (Campbell). I thought, “What a weight for this young woman to bear, this name, this history.” Other participants also learnt about each other this way through the sharing of stories. Many had come to Canada from other places, each with different cultural and colonial resonances. Through these moments of working together, new understandings formed that deeply affected the participants. In this way, layers of storytelling form the heart of this work.JA: Storytelling holds an incredibly special place in Aboriginal people’s lives; through them we learned the laws, rules, and regulations that governed our behaviour as individuals, within our family, our communities, and our nations. These stories included histories (personal and communal), sacred teachings, the way the world used to be, creation stories, medicine stories, stories regarding the seasons and animals, and stories that defined our relationship with the environment, etc. The stories we asked for not only showed that we as Aboriginal and non-Aboriginal people have the same experiences, but also work in the way that a traditional story would. For example, Rachelle’s story taught a good lesson about how it is important to learn about the individual you are dating—had she not, her whole life could have been laid out to any who may have come across that man’s blog. My story spoke to the need to look up and observe what is around you instead of being engrossed in your own little world, because you don’t know who could be lifting your information. They all showed a common interest in sharing information, and laughing at mistakes and life lessons.Augmented Storytelling and Augmented RealityRC: This work relies on the augmented reality (AR) qualities of the QR code. Pavlik and Bridges suggest AR, even through relatively limited tools like a QR code, can have a significant impact on storytelling practices: “AR enriches an individual’s experience with the real world … Stories are put in a local context and act as a supplement to a citizen’s direct experience with the world” (Pavlik and Bridges 21). Their research shows that AR technologies like QR codes brings the story to life in a three dimensional and interactive form that allows the user a level of participation impossible in traditional, analogue media. They emphasize the different viewing possible in AR storytelling as: The new media storytelling model is nonlinear. The storyteller conceptualizes the audience member not as a consumer of the story engaged in a third-person narrative, but rather as a participant engaged in a first-person narrative. The storyteller invites the participant to explore the story in a variety of ways, perhaps beginning in the middle, moving across time, or space, or by topic. (Pavlik and Bridges 22) In their case studies, Pavlik and Bridges show AR has the “potential to become a viable storytelling format with a diverse range of options that engage citizens through sight, sound, or haptic experiences… to produce participatory, immersive, and community-based stories” (Pavlik and Bridges 39). The personal stories in this artwork were remediated a number of different ways. They were written down, then separated into one-line fragments, interwoven with our partners, and re-read again and again for the camera, before being edited and processed. Marked by the artists clearly as ‘Aboriginal’ and ‘non Aboriginal’ and placed alongside works featuring traditional beading, these stories were marked and re-inscribed by complex and fragmented histories of indigenous and non-indigenous relations in Canada. This history was emphasized as the QR codes were also physically located in the First Nations University of Canada, a unique indigenous space.To view this artwork in its entirety, therefore, two camera-enabled and internet-capable mobile devices were required to be used simultaneously. Due to the way they were accessed and played back through augmented reality technologies, stories in the gallery were experienced in nonlinear fashions, started part way through, left before completion, or not in sync with the partner they were designed to work with. The audience experimented with the video content, stopping and starting it to produce new combinations of words and images. This experience was also affected by chance as the video files online were on a cycle, after a set period of time, the scan would suddenly produce a new story. These augmented stories were recreated and reshaped by participants in dialogue with the space, and with each other. Augmented Stories and Improvised CommunitiesRC: In her 1997 study of the reception of new media art in galleries, Beryl Graham surveys the types of audience interaction common to new media art practices like AR art. She “reveals patterns of use of interactive artworks including the relation of use-time to gender, aspects of intimidation, and social interaction.” In particular, she observes “a high frequency of collective use of artworks, even when the artworks are designed to be used by one person” (Graham 2). What Graham describes as “collective” and “social,” I see as a type of improvisation engaging with difference, differences between audience members, and differences between human participants and the alien nature of sophisticated, interactive technologies. Improvisation “embodies real-time creative decision-making, risk-taking, and collaboration” (Heble). In the improvisatory act, participants participate in active listening in order to work with different voices, experiences, and practices, but share a common focus in the creative endeavour. Notions such as “the unexpected” or “the mistake” are constantly reconfigured into productive material. However, as leading improvisation studies scholar Ajay Heble suggests, “improvisation must be considered not simply as a musical or creative form, but as a complex social phenomenon that mediates transcultural inter-artistic exchanges that produce new conceptions of identity, community, history, and the body” (Heble). I watched at the opening as audience members in Parallel Worlds, Intersecting Moments paired up, successfully or unsuccessfully attempted to scan the code and download the video, and physically wrapped themselves around their partner (often a stranger) in order to hear the quiet audio in the loud gallery. The audience began to help each other through the process, to improvise together. The QR code was not always a familiar or comfortable object. The audience often had to install a QR code reader application onto their own device first, and then proceed to try to get the reader to work. Underfunded university Wi-Fi connections dropped, Apple ID logins failed, devices stalled. There were sudden loud cries when somebody successfully scanned their half of the work, and then rushes and scrambles as small groups of people attempted to sync their videos to start at the same time. The louder the gallery got, the closer the pairs had to stand to each other to hear the video through the device’s tiny speakers. Many people looked over someone else’s shoulder without their knowledge. Sometimes people were too close for comfort and behavior was negotiated and adapted. Sometimes, the pairs gave up trying; sometimes they borrowed each other’s devices, sometimes their phone or tablet was incompatible. Difference created new improvisations, or introduced sudden stops or diversions in the activities taking place. The theme of the work was strengthened every time an improvised negotiation took place, every time the technology faltered or succeeded, every time a digital or physical interaction was attempted. Through the combination of augmented bead practices used in an innovative way, and augmented technology with new audiences, new types of improvisatory responses could take place.Initially I found it difficult to not simplify and stereotype the processes taking place, to read it as a metaphor of the differing access to resources and training in Aboriginal and non-Aboriginal communities, a clear example of the ways technology-use marks wealth and status. As I moved through the space, caught up in dialogic, improvisatory encounters, cross-cultural experiences broke down, but did not completely erase, these initial markers of difference. Instead, layers of interaction and information began to be placed over the Aboriginal and non-Aboriginal identities in the gallery. My own assumptions were placed under pressure as I interacted with the artists and the other participants in the space. My identity as a relative newcomer to Saskatchewan was slowly augmented by the stories and experiences I shared and heard, and the audience members shifted back and forth between being experts in the aspects of the stories and technologies that were familiar, and asking for help to translate and activate the stories and processes that were alien.Augmented Art PracticesJA: There is an old saying, “if it doesn’t move, bead it.” I think that this desire to augment with the decorative is handed down through traditional thoughts and beliefs regarding clothing. Once nomadic we did not accumulate many goods, as a result, the goods we did keep were beautified though artistic practices including quilling and eventually beadwork (painting too). And our clothing was thought of as spiritual because it did the important act of protecting us from the elements, therefore it was thought of as sacred. To beautify the clothing was to honour your spirit while at the same time it honoured the animal that had given its life to protect you (Berlo and Phillips). I think that this belief naturally grew to include any item, after all, there is nothing like an object or piece of clothing that is beaded well—no one can resist it. There is, however, a belief that humans should not try to mimic perfection, which is reserved for the Creator and in many cases a beader will deliberately put a bead out of place.RC: When new media produces unexpected results, or as Rachelle says, when pixels “go out of place”, it can be seen as a sign that humans are (deliberately or accidently) failing to use the digital technology in the way it was intended. In Parallel Worlds, Intersecting Moments the theme of cross cultural encounters and technological communication was only enhanced by these moments of displacement and slippage and the improvisatory responses that took place. The artists could not predict the degree of slippage that would occur, but from their catalogue texts and the conversations above, it is clear that collective negotiation was a desired outcome. By creating a QR code based artwork that utilized augmented art practices to create new types of storytelling, the artists allowed augmented identities to develop, slip, falter, and be reconfigured. Through the dialogic art practices of traditional beading and participatory video work, Anderson and Knowles began to build new modes of communication and knowledge sharing. I believe there could be productive relationships to be further explored between what Judy calls the First Nations “desire to bead” whilst acknowledging human fallibility; and the ways Rachelle aims to technologically-augment conversation and storytelling through contemporary AR and video practices despite, or perhaps because of the possibility of risk and disruptions when bodies and code interact. What kind of trust and reciprocity becomes possible across cultural divides when this can be acknowledged as a common human quality? How could beads and/or pixels being “out of place” expose fault lines and opportunities in these kinds of cross-cultural knowledge transfer? As Judy suggested in our conversations, such work requires active engagement from the audience in the process that does not always occur. “In those instances, does the piece fail or people fail the piece? I'm not sure.” In crossing back and forth between these different types of augmentation impulses, and by creating improvisatory, dialogic encounters in the gallery, these artists began the tentative, complex, and vital process of cultural exchange, and invited participants and audience to take this step with them and to work “across traditional and contemporary modes of production” to “use the language and process of art to speak, listen, teach and learn” (Knowles and Anderson).ReferencesAdams, K.C. “Cyborg Hybrid \'cy·borg 'hi·brid\ n.” KC Adams, n.d. 16 Nov. 2013 ‹http://www.kcadams.net/art/arttotal.html›. Allen, Rex. “Don't Go Near the Indians.” Rex Allen Sings and Tells Tales of the Golden West. Mercury, 1962. LP and CD.Anderson, Judy, and Rachelle Viader Knowles. Parallel Worlds, Intersecting Moments. First Nations University of Canada Gallery; Slate Gallery, Regina, Saskatchewan, 2012. Art Placement. “Ruth Cuthand”. Artists. Art Placement, n.d. 16 Nov. 2013 ‹http://www.artplacement.com/gallery/artists.php›.Berlo, Janet Catherine, and Ruth B. Phillips. Native North American Art. Oxford: Oxford University Press, 1998. Campbell, Maria. Stories of the Road Allowance People. Penticton, B.C.: Theytus Books, 1995. Critical Faculties. Regina: University of Regina and First Nations University of Canada, 2012. Graham, Beryl C.E. “A Study of Audience Relationships with Interactive Computer-Based Visual Artworks in Gallery Settings, through Observation, Art Practice, and Curation”. Dissertation. University of Sunderland, 1997. Heble, Ajay. “About ICASP.” Improvisation, Community, and Social Practice. University of Guelph; Social Sciences Humanities Research Council of Canada, n.d. 16 Nov. 2011 ‹http://www.improvcommunity.ca/›.Kester, Grant. Conversation Pieces: Community and Communication in Modern Art. Berkeley: University of California Press, 2004. Knowles, Rachelle Viader. Rachelle Viader Knowles, n.d. 16 Nov. 2013 ‹http://uregina.ca/rvk›.Myre, Nadia. Nadia Myre. 16 Nov. 2013 ‹http://nadiamyre.com/NadiaMyre/home.html›. Pavlik, John G., and Frank Bridges. “The Emergence of Augmented Reality (AR) as a Storytelling Medium in Journalism.” Journalism & Communication Monographs 15.4 (2013): 4-59.

“Live free or die!” (New Hampshire State motto) Should individuals be free to make lifestyle decisions (such as what, when and how much to eat and how much physical activity to take), without undue interference from the state, even when their decisions may lead to negative consequences (obesity, heart disease, diabetes)? The UN Declaration of Human Rights enshrines the belief that “All human beings are born free and equal in dignity and rights”. The philosophy of Libertarianism (Locke) proposes that rights can be negative (e.g. the freedom to be free from outside interference) as well as positive (e.g. the right to certain benefits supplied by others). Robert Nozick, a proponent of Libertarianism, has argued that we have the right to make informed decisions about our lives without unnecessary interference. This entitlement requires that we exercise our rights only as far as they do not infringe the rights of others. The popular notion of the “Nanny State” (often used derogatively) is discussed, and the metaphor is extended to draw on the Super Nanny phenomenon, a reality television series that has been shown in numerous countries including the UK, the US, and Australia. It is argued in this paper that social marketing, when done well, can help create a “Super Nanny State” (implying positive connotations). In the “Nanny State” people are told what to do; in the “Super Nanny State” people are empowered to make healthier decisions. Social marketing applies commercial marketing principles to “sell” ideas (rather than goods or services) with the aim of improving the welfare of individuals and/or society. Where the common good may not be easily discerned, Donovan and Henley recommended using the UN Declaration of Human Rights as the baseline reference point. Social marketing is frequently used to persuade individuals to make healthier lifestyle decisions such as “eat less [saturated] fat”, “eat two fruits and five veg a day”, “find thirty minutes of physical activity a day”. Recent medical gains in immunisation, sanitation and treating infectious diseases mean that the health of a population can now be more improved by influencing lifestyle decisions than by treating illness (Rothschild). Social marketing activities worldwide are directed at influencing lifestyle decisions to prevent or minimise lifestyle diseases. “Globesity” is the new epidemic (Kline). Approximately one billion people globally are overweight or obese (compared to 850 million who are underweight); most worryingly, about 10% of children worldwide are now overweight or obese with rising incidence of type 2 diabetes in this population (Yach, Stuckler, and Brownwell). “Nanny state” is a term people often use derogatively to refer to government intervention (see Henley and Jackson). Knag (405) made a distinction between old-style, authoritarian “paternalism”, which chastised the individual using laws and sanctions, and a newer “maternalism” or “nanny state” which smothers the individual with “education and therapy (or rather, propaganda and regulation)”. Knag’s use of the term “Nanny State” still has pejorative connotations. In the “Nanny State”, governments are seen as using the tool of social marketing to tell people what they should and shouldn’t do, as if they were children being supervised by a nanny. At the extreme, people may be afraid that social marketing could be used by the State as a way to control the thoughts of the vulnerable, a view expressed some years ago by participants in a survey of attitudes towards social marketing (Laczniak, Lusch, and Murphy). More recently, the debate is more likely to focus on why social marketing often appears to be ineffective, rather than frighteningly effective (Hastings, Stead, and Macintosh). Another concern is the high level of fear being generated by much of the social marketing effort (Hastings and MacFadyen; Henley). It is as if nanny thinks she must scream at her children all the time to warn them that they will die if they don’t listen to her. However, by extension, I am suggesting that the “Super Nanny State” metaphor could have positive associations, with an authoritative (rather than authoritarian) parenting figure, one who explains appropriate sanctions (laws and regulations) but who is also capable of informing, inspiring and empowering. Still, the Libertarian ethical viewpoint would question whether governments, through social marketers, have the right to try to influence people’s lifestyle decisions such as what and how much to eat, how much to exercise, etc. In the rise of the “Nanny State”, Holt argued that governments are extending the range of their regulatory powers, restricting free markets and intruding into areas of personal responsibility, all under the guise of acting for the public’s good. A number of arguments, discussed below, can be proposed to justify interference by the State in the lifestyle decisions of individuals. The Economic Argument One argument that is often quoted to justify interference by the State is that the economic costs of allowing unsafe/unhealthy behaviours have to be borne by the community. It has been estimated in the US that medical costs relating to diabetes (which is associated directly with obesity) increased from $44 billion to $92 billion in five years (Yach, et al). The economic argument can be useful for persuading governments to invest in prevention but is not sufficient as a fundamental justification for interference. If we say that we want people to eat more healthily because their health costs will be burdensome to the community, we imply that we would not ask them to do so if their health costs were not burdensome, even if they were dying prematurely as a result. The studies relating to the economic costs of obesity have not been as extensive as those relating to the economic costs of tobacco (Yach, et al), where some have argued that prematurely dying of smoking-related diseases is less costly to the State than the costs incurred in living to old age (Barendregt, et al). This conclusion has been disputed (Rasmussen et al), but even if true, would not provide sufficient justification to cease tobacco control efforts. Similarly, I think people would expect social marketing efforts relating to nutrition and physical activity to continue even if an economic analysis showed that people dying prematurely from obesity-related illnesses were costing the State less overall in health care costs than people living an additional twenty years. The Consumer Protection Argument Some degree of interference by the State is desirable and often necessary because people are not entirely self-reliant in every circumstance (Mead). The social determinants of health (Marmot and Wilkinson) are sufficiently well-understood to justify government regulation to reduce inequalities in housing, education, access to health services, etc. Implicit in the criticism that the “Nanny State” treats people like children is the assumption that children are treated without dignity and respect. The positive parent or “Super Nanny” treats children with respect but recognises their vulnerability in unfamiliar or dangerous contexts. A survey of opinion in the UK in 2004 by the King’s Fund, an independent think tank, found that the public generally supported government initiatives to encourage healthier school meals; ensure cheaper fruit and vegetables; pass laws to limit salt, fat and sugar in foods; stop advertising junk foods for children and regulate for nutrition labels on food (UK public wants a “Nanny State”). The UK’s recently established National Social Marketing Centre has made recommendations for social marketing strategies to improve public health and Prime Minister Tony Blair has responded by making public health, especially the growing obesity problem, a central issue for government initiatives, offering a “helping hand” approach (Triggle). The Better Alternative Argument Wikler considered the case for more punitive government intervention in the obesity debate by weighing the pros and cons of an interesting strategy: the introduction of a “fat tax” that would require citizens to be weighed and, if found to be overweight, require them to pay a surcharge. He concluded that this level of state interference would not be justified because there are other ways to appeal to the risk-taker’s autonomy, through education and therapeutic efforts. Governments can use social marketing as one of these better alternatives to punitive sanctions. The Level Playing Field Argument Social marketers argue that many lifestyle behaviours are not entirely voluntary (O’Connell and Price). For example, it is argued that an individual’s choices about eating fast food, consuming sweetened soft drinks, and living sedentary lives have already been partially determined by commercial efforts. Thus, they argue that social marketing efforts are intended to level the playing field – educate, inform, and restore true personal autonomy to people, enabling them to make rational choices (Smith). For example, Kline’s media education program in Canada, with a component of “media risk reduction”, successfully educated young consumers (elementary school children) with strategies for “tuning out” by asking them to come up with a plan for what they would do if they “turned off TV, video games and PCs for a whole week?” (p. 249). The “tune out challenge” resulted in a reduction of media exposure (80%) displaced into active leisure pursuits. A critical aspect of this intervention was the contract drawn up in advance, with the children setting their own goals and strategies (Kline). In this view, the state is justified in trying to level the playing field, by using social marketing to offer information as well as alternative, healthier choices that can be freely accepted or rejected (Rothschild). Conclusion A real concern is that when people are treated like children, they become like children, retaining their desires and appetites but abdicating responsibility for their individual choices to the state (Knag). Some smokers, for example, declare that they will continue to smoke until the government bans smoking (Brown). Governments and social marketers have a responsibility to fund/design campaigns so that the audience views the message as informative rather than proscriptive. Joffe and Mindell (967) advocated the notion of a “canny state” with “less reliance on telling people what to do and more emphasis on making healthy choices easier”. Finally, one of the central tenets of marketing is the concept of “exchange” – the marketer must identify the benefits to be gained from buying a product. In social marketing terms, interference in an individual’s right to act freely can be effective and justified when the benefits are clearly identifiable and credible. Rothschild described marketing’s role as providing a middle point between libertarianism and paternalism, offering free choice and incentives to behave in ways that benefit the common good. Rather than shaking a finger at the individual (along the lines of earlier “Don’t Do Drugs” campaigns), the “Super Nanny” state, via social marketing, can inform and engage individuals in ways that make healthier choices more appealing and the individual feel more empowered to choose them. 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Introduction Children are not only born digital, they are fashioned toward a lifestyle that needs them to be digital all the time (Palfrey and Gasser). They click, tap, save, circulate, download, and upload the texts of their lives, their friends’ lives, and the anonymous lives of the people that surround them. They are socialised as Internet consumers ready to participate in digital services targeted to them as they age such as Snapchat, Instagram, and YouTube. But they are also fashioned as producers, whereby their lives are sold as content on these same markets. As commodities, the minutiae of their lives become the fodder for online circulation. Paradoxically, we also celebrate these digital behaviours as a means to express identity. Personal profile-building for adults is considered agency-building (Beer and Burrows), and as a consequence, we praise children for mimicking these acts of adult lifestyle. This article reflects on the Kids, Creative Storyworlds, and Wearables project, which involved an ethnographic study with five young children (ages 4-7), who were asked to share their autobiographical stories, creative self-narrations, and predictions about their future mediated lives (Atkins et al.). For this case study, we focus on commercialised forms of children’s automedia, and we compare discussions we had with 6-year old Cayden, a child we met in the study who expresses the desire to make himself famous online, with videos of Jacob, a child vlogger on YouTube’s Kinder Playtime, who clearly influences children like Cayden. We argue that child social influencers need consideration both as autobiographical agents and as child subjects requiring a sheltered approach to their online lives.Automedia Automedia is an emergent genre of autobiography (Smith and Watson Reading 190; “Virtually Me” 78). Broadcasting one’s life online takes many forms (Kennedy “Vulnerability”). Ümit Kennedy argues “Vlogging on YouTube is a contemporary form of autobiography in which individuals engage in a process of documenting their life on a daily or weekly basis and, in doing so, construct[ing] their identity online” (“Exploring”). Sidonie Smith and Julia Watson write that “visual and digital modes are projecting and circulating not just new subjects but new notions of subjectivity through the effects of automediality” with the result that “the archive of the self in time, in space and in relation expands and is fundamentally reorganized” (Reading 190). Emma Maguire addresses what online texts “tell us about cultural understandings of selfhood and what it means to communicate ‘real’ life through media” naming one tool, “automedia”. Further, Julie Rak calls on scholars “to rethink ‘life’ and ‘writing’ as automedia” to further “characterize the enactment of a personal life story in a new media environment.” We define automedia as a genre that involves the practices of creating, performing, sharing, circulating, and (at times) preserving one’s digital life narrative meant for multiple publics. Automedia revises identity formation, embodiment, or corporealities in acts of self-creation (Brophy and Hladki 4). Automedia also emphasizes circulation. As shared digital life texts now circulate through the behaviours of other human subjects, and automatically via algorithms in data assemblages, we contend that automediality currently involves a measure of relinquishing control over perpetually evolving mediatised environments. One cannot control how a shared life narrative will meet a public in the future, which is a revised way of thinking about autobiography. For the sake of this paper, we argue that children’s automedia ought to be considered a creative, autobiographical act, in order to afford child authors who create them the consideration they deserve as agents, now and in the future. Automedial practices often begin when children receive access to a device. The need for a distraction activity is often the reason parents hand a young child a smartphone, iPad, or even a wearable camera (Nansen). Mirroring the lives of parents, children aspire to share representations of their own personal lives in pursuit of social capital. They are often encouraged to use technologies and apps as adults do–to track aspects of self, broadcast life stories and eventually “live share” them—effectively creating, performing, sharing, and at times, seeking to preserve a public life narrative. With this practice, society inculcates children into spheres of device ubiquity, “socializing them to a future digital lifestyle that will involve always carrying a computer in some form” (Atkins et al. 49). Consequently, their representations become inculcated in larger media assemblages. Writing about toddlers, Nansen describes how the “archiving, circulation and reception of these images speaks to larger assemblages of media in which software protocols and algorithms are increasingly embedded in and help to configure everyday life (e.g. Chun; Gillespie), including young children’s media lives (Ito)” (Nansen). Children, like adult citizens, are increasingly faced with choices “not structured by their own preferences but by the economic imperatives of the private corporations that have recently come to dominate the internet” (Andrejevic). Recent studies have shown that for children and youth in the digital age, Internet fame, often characterized by brand endorsements, is a major aspiration (Uhls and Greenfield, 2). However, despite the ambition to participate as celebrity digital selves, children are also mired in the calls to shield them from exposure to screens through institutions that label these activities detrimental. In many countries, digital “protections” are outlined by privacy commissioners and federal or provincial/state statutes, (e.g. Office of the Privacy Commissioner of Canada). Consequently, children are often caught in a paradox that defines them either as literate digital agents able to compose or participate with their online selves, or as subjectified wards caught up in commercial practices that exploit their lives for commercial gain.Kids, Creative Storyworlds and Wearables ProjectBoth academic and popular cultural critics continually discuss the future but rarely directly engage the people who will be empowered (or subjugated) by it as young adults in twenty years. To address children’s lack of agency in these discussions, we launched the Kids, Creative Storyworlds and Wearables project to bring children into a dialogue about their own digital futures. Much has been written on childhood agency and participation in culture and mediated culture from the discipline of sociology (James and James; Jenks; Jenkins). In previous work, we addressed the perspective of child autobiographical feature filmmakers to explore issues of creative agency and consent when adult gatekeepers facilitate children in film production (Pedersen and Aspevig “My Eyes”; Pedersen and Aspevig “Swept”). Drawing on that previous work, this project concentrates on children’s automediated lives and the many unique concerns that materialize with digital identity-building. Children are categorised as a vulnerable demographic group necessitating special policy and legislation, but the lives they project as children will eventually become subsumed in their own adult lives, which will almost certainly be treated and mediated in a much different manner in the future. We focused on this landscape, and sought to query the children on their futures, also considering the issues that arise when adult gatekeepers get involved with child social media influencers. In the Storyworlds ethnographic study, children were given a wearable toy, a Vtech smartwatch called Kidizoom, to use over a month’s timeframe to serve as a focal point for ethnographic conversations. The Kidizoom watch enables children to take photos and videos, which are uploaded to a web interface. Before we gave them the tech, we asked them questions about their lives, including What are machines going to be like in the future? Can you imagine yourself wearing a certain kind of computer? Can you tell/draw a story about that? If you could wear a computer that gave you a super power, what would it be? Can you use your imagination to think of a person in a story who would use technology? In answering, many of them drew autobiographical drawings of technical inventions, and cast themselves in the images. We were particularly struck by the comments made by one participant, Cayden (pseudonym), a 6-year-old boy, and the stories he told us about himself and his aspirations. He expressed the desire to host a YouTube channel about his life, his activities, and the wearable technologies his family already owned (e.g. a GroPro camera) and the one we gave him, the Kidizoom smartwatch. He talked about how he would be proud to publically broadcast his own videos on YouTube, and about the role he had been allowed to play in the making of videos about his life (that were not broadcast). To contextualize Cayden’s commentary and his automedial aspirations, we extended our study to explore child social media influencers who broadcast components of their personal lives for the deliberate purpose of popularity and the financial gain of their parents.We selected the videos of Jacob, a child vlogger because we judged them to be representative of the kinds that Cayden watched. Jacob reviews toys through “unboxing videos,” a genre in which a child tells an online audience her or his personal experiences using new toys in regular, short videos on a social media site. Jacob appears on a YouTube channel called Kinder Playtime, which appears to be a parent-run channel that states that, “We enjoy doing these things while playing with our kids: Jacob, Emily, and Chloe” (see Figure 1). In one particular video, Jacob reviews the Kidizoom watch, serving as a child influencer for the product. By understanding Jacob’s performance as agent-driven automedia, as well as being a commercialised, mediatised form of advertising, we get a clearer picture of how the children in the study are coming to terms with their own digital selfhood and the realisation that circulated, life-exposing videos are the expectation in this context.Children are implicated in a range of ways through “family” influencer and toy unboxing videos, which are emergent entertainment industries (Abidin 1; Nansen and Nicoll; Craig and Cunningham 77). In particular, unboxing videos do impact child viewers, especially when children host them. Jackie Marsh emphasizes the digital literacy practices at play here that co-construct viewers as “cyberflâneur[s]” and she states that “this mode of cultural transmission is a growing feature of online practices for this age group” (369). Her stress, however, is on how the child viewer enjoys “the vicarious pleasure he or she may get from viewing the playing of another child with the toy” (376). Marsh writes that her study subject, a child called “Gareth”, “was not interested in being made visible to EvanHD [a child celebrity social media influencer] or other online peers, but was content to consume” the unboxing videos. The concept of the cyberflâneur, then, is fitting as a mediatising co-constituting process of identity-building within discourses of consumerism. However, in our study, the children, and especially Cayden, also expressed the desire to create, host, and circulate their own videos that broadcast their lives, also demonstrating awareness that videos are valorised in their social circles. Child viewers watch famous children perform consumer-identities to create an aura of influence, but viewers simultaneously aspire to become influencers using automedial performances, in essence, becoming products, themselves. Jacob, Automedial Subjects and Social Media InfluencersJacob is a vlogger on YouTube whose videos can garner millions of views, suggesting that he is also an influencer. In one video, he appears to be around the age of six as he proudly sits with folded hands, bright eyes, and a beaming, but partly toothless smile (see Figure 2). He says, “Welcome to Kinder Playtime! Today we have the Kidi Zoom Smartwatch DX. It’s from VTech” (Kinder Playtime). We see the Kidi Zoom unboxed and then depicted in stylized animations amid snippets of Jacob’s smiling face. The voice and hands of a faceless parent guide Jacob as he uses his new wearable toy. We listen to both parent and child describe numerous features for recording and enhancing the wearer’s daily habits (e.g. calculator, calendar, fitness games), and his dad tells him it has a pedometer “which tracks your steps” (Kinder Playtime). But the watch is also used by Jacob to mediate himself and his world. We see that Jacob takes pictures of himself on the tiny watch screen as he acts silly for the camera. He also uses the watch to take personal videos of his mother and sister in his home. The video ends with his father mentioning bedtime, which prompts a “thank you” to VTech for giving him the watch, and a cheerful “Bye!” from Jacob (Kinder Playtime). Figure 1: Screenshot of Kinder Playtime YouTube channel, About page Figure 2: Screenshot of “Jacob,” a child vlogger at Kinder Playtime We chose Jacob for three reasons. First, he is the same age as the children in the Storyworlds study. Second, he reviews the smart watch artifact that we gave to the study children, so there was a common use of automedia technology. Third, Jacob’s parents were involved with his broadcasts, and we wanted to work within the boundaries of parent-sanctioned practices. However, we also felt that his playful approach was a good example of how social media influence overlaps with automediality. Jacob is a labourer trading his public self-representations in exchange for free products and revenue earned through the monetisation of his content on YouTube. It appears that much of what Jacob says is scripted, particularly the promotional statements, like, “Today we have the Kidizoom Smartwatch DX. It’s from VTech. It’s the smartest watch for kids” (Kinder Playtime). Importantly, as an automedial subject Jacob reveals aspects of his self and his identity, in the manner of many child vloggers on public social media sites. His product reviews are contextualised within a commoditised space that provides him a means for the public performance of his self, which, via YouTube, has the potential to reach an enormous audience. YouTube claims to have “over a billion users—almost one-third of all people on the Internet—and every day people watch hundreds of millions of hours on YouTube and generate billions of views” (YouTube). Significantly, he is not only filmed by others, Jacob is also a creative practitioner, as Cayden aspired to become. Jacob uses high-tech toys, in this case, a new wearable technology for self-compositions (the smart watch), to record himself, friends, family or simply the goings-on around him. Strapped to his wrist, the watch toy lets him play at being watched, at being quantified and at recording the life stories of others, or constructing automediated creations for himself, which he may upload to numerous social media sites. This is the start of his online automediated life, which will be increasingly under his ownership as he ages. To greater or lesser degrees, he will later be able to curate, add to, and remediate his body of automedia, including his digital past. Kennedy points out that “people are using YouTube as a transformative tool, and mirror, to document, construct, and present their identity online” (“Exploring”). Her focus is on adult vloggers who consent to their activities. Jacob’s automedia is constructed collaboratively with his parents, and it is unclear how much awareness he has of himself as an automedia creator. However, if we don’t afford Jacob the same consideration as we afford adult autobiographers, that the depiction of his life is his own, we will reduce his identity performance to pure artifice or advertisement. The questions Jacob’s videos raise around agency, consent, and creativity are important here. Sidonie Smith asks “Can there be a free, agentic space; and if so, where in the world can it be found?” (Manifesto 188). How much agency does Jacob have? Is there a liberating aspect in the act of putting personal technology into the hands of a child who can record his life, himself? And finally, how would an adult Jacob feel about his childhood self advertising these products online? Is this really automediality if Jacob does not fully understand what it means to publicly tell a mediated life story?These queries lead to concerns over child social media influence with regard to legal protection, marketing ethics, and user consent. The rise of “fan marketing” presents a nexus of stealth marketing to children by other children. Stealth marketing involves participants, in this case, fans, who do not know they are involved in an advertising scheme. For instance, the popular Minecon Minecraft conference event sessions have pushed their audience to develop the skills to become advocates and advertisers of their products, for example by showing audiences how to build a YouTube channel and sharing tips for growing a community. Targeting children in marketing ploys seems insidious. Marketing analyst Sandy Fleisher describes the value of outsourcing marketing to fan labourers:while Grand Theft Auto spent $120 million on marketing its latest release, Minecraft fans are being taught how to create and market promotional content themselves. One [example] is Minecraft YouTuber, SkydoesMinecraft. His nearly 7 million strong YouTube army, almost as big as Justin Bieber’s, means his daily videos enjoy a lot of views; 1,419,734,267 to be precise. While concerns about meaningful consent that practices like this raise have led some government bodies, and consumer and child protection groups to advocate restrictions for children, other critics have questioned the limits placed on children’s free expression by such restrictions. Tech commentator Larry Magid has written that, “In the interest of protecting children, we sometimes deny them the right to access material and express themselves.” Meghan M. Sweeney notes that “the surge in collaborative web models and the emphasis on interactivity—frequently termed Web 2.0—has meant that children are not merely targets of global media organizations” but have “multiple opportunities to be active, critical, and resistant producers”...and ”may be active agents in the production and dissemination of information” (68). Nevertheless, writes Sweeney, “corporate entities can have restrictive effects on consumers” (68), by for example, limiting imaginative play to the choices offered on a Disney website, or limiting imaginative topics to commercial products (toys, video games etc), as in YouTube review videos. Automedia is an important site from which to consider young children’s online practices in public spheres. Jacob’s performance is indeed meant to influence the choice to buy a toy, but it is also meant to influence others in knowing Jacob as an identity. He means to share and circulate his self. Julie Rak recalls Paul John Eakin’s claims about life-writing that the “process does not even occur at the level of writing, but at the level of living, so that identity formation is the result of narrative-building.” We view Jacob’s performance along these lines. Kinder Playtime offers him a constrained, parent-sanctioned (albeit commercialised) space for role-playing, a practice bound up with identity-formation in the life of most children. To think through the legality of recognising Jacob’s automedial content as his life, Rak is also useful: “In Eakin’s work in particular, we can see evidence of John Locke’s contention that identity is the expression of consciousness which is continuous over time, but that identity is also a product, one’s own property which is a legal entity”. We have argued that children are often caught in the paradox that defines them either as literate digital creators composing and circulating their online selves or as subjectified personas caught up in commercial advertising practices that use their lives for commercial gain. However, through close observation of individual children, one who we met and questioned in our study, Cayden, the other who we met through his mediated, commercialized, and circulated online persona, Jacob, we argue that child social influencers need consideration as autobiographical agents expressing themselves through automediality. As children create, edit, and grow digital traces of their lives and selves, how these texts are framed becomes increasingly important, in part because their future adult selves have such a stake in the matter: they are being formed through automedia. Moreover, these children’s coming of age may bring legal questions about the ownership of their automedial products such as YouTube videos, an enduring legacy they are leaving behind for their adult selves. 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