The above statement and discuss its accuracy in relation to airspace and subterranean space Essay Example

The above statement and discuss its accuracy in relation to airspace and subterranean space Essay The law concerning airspace and subterranean space appears to be exceptionally complex and to an extent even outdated. Sir William James attempt to clarify the law using the Latin maxim cuis est solum eius est usque ad coelum et ad inferos1 seems to have created even more legal uncertainty and appears to have done more harm than good. The maxim is now subject to vast exceptions as well as having been denounced by contemporary legal commentators and even senior judges. This essay will explore the accuracy of Sir William James judgement; it will also question the argument that the maxim is still considered the ordinary rule of law2 and will look at how modern land law has gone about dealing with the legal confusion caused by this judgement, focusing primarily on airspace and subterranean space. Firstly, in order to explain the above statement, it may be beneficial to look closely at the facts of the case in which the judgement was made (Corbett v Hill 1870)3. In brief, the case concerned the trespass of land where the claimant failed in attempting to seek an injunction to stop the defendant building a room over-looking the claimants property. After citing the maxim as being the ordinary rule of law4, Sir James admitted its exceptional level of legal ambiguity and even conceded that no doubt, [the maxim] is frequently rebutted5, especially in regards to property in towns [by] other adjoining tenements6. We will write a custom essay sample on The above statement and discuss its accuracy in relation to airspace and subterranean space specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The above statement and discuss its accuracy in relation to airspace and subterranean space specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The above statement and discuss its accuracy in relation to airspace and subterranean space specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Thus, in relation to the accuracy of the statement, one must appreciate the case is from the 19th century; during a time when technology had not progressed as much as it has today and accordingly airborne methods of transport had not yet been invented. This meant trespassing through the higher levels of airspace would not have been an issue and consequently, detailed legislation regarding the law of airspace may not have been considered necessary at the time. Hence, it may be argued that Sir William James simply cited the maxim with the intention of it serving merely as a rough direction of law but, unaware of the rapid advancement of technology within the 21st century, and so the inventions of aeroplanes and other methods of aerial transport have subsequently required clarification within the law of airspace and have demonstrated the impracticality of applying the maxim in modern times. Inevitably, the judgement has caused vast legal uncertainty and for this reason has been at the centre of immense criticism from both legal commentators7 as well as even senior judges. The suggestion that a land owner has complete control of everything up to the sky and down to the centre of the earth is not only practically unrealistic, but also, theoretically delusional which has resulted in Sprankling8 dismissing the maxim as merely a poetic hyperbole9 suggesting its over-dramatic implications regarding a landowners rights in airspace and subterranean land. This criticism is supported by Lord Wilberforce who has openly criticized the maxims feasibility as being sweeping, unscientific and impractical10. Furthermore, its implication that land is only measureable on a two-dimensional level (in terms of its physical structure) is an argument that has been strongly dismissed by Gray and Gray (2009)11 who claim that portions of a land may be owned by several different owners and thus claim that a transfer of a merely two-dimensional plot of land would have little meaning and even less utility12. They argue that a third dimension of land should have been recognised within the maxim and should now be explicitly acknowledged by the courts as they believe it can exist as as an independent unit of real property13. Gray and Gray (2009) further criticise the maxim for being virtually worthless suggesting it holds very little, if any, legal value in the modern legal system. Hence, these strong dismissals and denunciations of the maxim by senior academics and legal professionals may be argued as representing the modern attitude towards it; suggesting its significance in modern land law is not as much as it was when cited in the 19th century or at the time of its creation. Inevitably, as a result of the vast legal ambiguity and immense criticism that the judgement has faced, a major attempt to rectify the confusion regarding airspace finally came about with the establishment of the terms the lower stratum and the upper stratum. Although these terms appeared to contradict the maxim, they created a groundbreaking change in the law of airspace by splitting airspace into two categories. The lower stratum is that which was necessary for the landowners reasonable enjoyment. In Bernstein14 it was held that determining the requirement of reasonable enjoyment15 is dependent on the type, height and size of the property. Whereas, the upper stratum is that which is above the height which is reasonably necessary for the ordinary enjoyment16. In Bernstein17, Griffiths J also stated that a landowner has no greater rights in the upper stratum than any other member of the public. This is also identically reflected with the obiter dicta of Lord Brown in Bocardo SA (2010)18 where he stated that the air is a public highway19 and if that was not true then every transcontinental flight would subject the operator to countless trespass suits. 20 Both statements appear to be valid and rational as there can be no private ownership of airspace which is entitled to the public. However, both of these statements appeared to be expressly undermined in Kelsen (1957)21 where it was held that the placing of an advertisement banner on (the upper stratum of) another persons land, although did not interfere with the defendants reasonable enjoyment, yet still constituted a trespass. This judgement can be criticised on the basis that it appears to overtly contradict the basic judgement in Bernstein and the consequently conventional principle that the upper stratum is open for the use of the public and that the landowner has no greater rights to it over any other public. However, in Liaqat v Majid22, Silber J justly diverged from the judgement in Kelsen23 and rightfully re-emphasized the principle established in Bernstein24 stating where the interference of land was at a height that did not interfere with the claimants airspace25 then it does not constitute a trespass. This principle was further re-emphasized in Manitoba and Air Canada (1978)26 in which the state of Manitoba argued that goods being sold on an aeroplane flying over Manitoba could be subjected to domestic taxing. Prima facie, it appears that if the maxim is applied retrospectively then technically Manitoba argument should be accepted, however, the maxim was again dismissed by the court and the claim failed as they emphasized the judgement in Bernstein27 that there can be no ownership of the upper stratum. The inaccuracy of the maxim is further demonstrated by the enactment of The Civil Aviation Act (1982)28. Section 76(1)29 discusses grounds for trespass30 and nuisance31 stating that no action can arise if an aircraft is flying over a property, providing it has shown consideration to the wind, weather and so long as all circumstances of the case [are] reasonable. The wording of this statute appears to be as equally ambiguous as the maxim itself in the sense that it leads to the question how would a mere bystander or a reasonable man know if an aircraft has had taken the wind and the weather into consideration and that all the circumstances of his flight are reasonable before establishing if his/her airspace had been trespassed?. Although there are exceptions for aeroplanes landing and taking off, the general rule stated in the Rules of the Air (Amendment) Regulations 200532 is that it is not permissible for an aircraft to fly any closer than 500 feet to any person, vessel, vehicle or structure. 33 Both statues have considerably clarified the confusion regarding invasion of airspace and have further demonstrated the inaccuracy of Sir James statement. Additionally, Gray and Gray (2009)34 further go on to emphasise the importance of remedies for trespass in modern land law. In particular, the rise in privacy laws such as Article 8(i) of the European Convention on Human Rights35, which give landowners the right to respect of his private and family life, his home and his correspondence36, have also had a big impact on modern land law. The question that subsequently arises is how does the law protect a landowner from invasion of his airspace or violation of his convention rights? The answer to this is damages are available on the grounds of trespass37 or nuisance38. It should be noted that trespass does not have to include damage to the property and can simply be interfering or crossing over onto another property without lawful consent. This is demonstrated in Lewvest Ltd (1982)39 where the court held that construction cranes which operated over the upper stratum40 of the claimants property constituted a trespass and thus, the defendants were required to pay damages. Prima facie, this judgement can be criticised on the basis that there was no direct or indirect damage to the claimants property as the claimant did not even suffer any physical loss but it was merely the defendant attempting to make use and benefit out of the claimants airspace. Consequently it may also be argued that the cranes were being operated on the upper stratum of the claimants property as it was out of the level of that which was necessary for the claimants reasonable enjoyment41 and so under the Bernstein principle that there is no ownership of the higher stratum. On the other hand, one can understand why the courts came about this judgement. In particular, the flood gates argument comes to mind in that, if the court held that large construction companies were able to use machinery over nearby property without facing any legal charges, this would cause an enormous influx of cases on the grounds of both trespass and nuisance. Hence, with the benefit of hindsight it appears that the judgement was valid. Similarly, there has been a substantial attempt to clarify the meaning, scope and invasion of the lower stratum through the aid of subsequent case law. Everyday scenarios such as cutting off your neighbours overhanging branches have been declared lawful however, after cutting the branches off they must be returned to the neighbour (Lemon v Webb)42. Subsequently, taking the fruits off the branch either for personal benefit or to sell them on has been declared unlawful (Mills v Brooker)43. It may be argued that all these judgements (regarding both the upper and lower stratum) have drastically moulded the modern law of airspace in an attempt to adapt to the lifestyle of the 21st century; in particular acknowledging the development of technology and airborne methods of transport. However, there still seems to be some unanswered questions which remain; for example, if a child playing football accidently kicks the ball over the fence does that encompass trespass? Alternatively, if youre next door neighbours pet comes into your garden and eats the food youve left for your pet does that include trespass? Likewise, the decision in Lemmon and Webb (date)44 appears to answer the obvious question regarding over-hanging branches, but fails to explicitly recognise or answer the somewhat un-obvious questions. For example, if someone puts their hand across the garden fence to try and cut a tree belonging to them but over-reaches onto their neighbours side of the garden; does this constitute trespass? Although, these are mere policy arguments and are not as common as the cases cited above, these scenarios should be taken into consideration by the courts and clarified before possible future cases arise and thus avert them from causing even more confusion regarding airspace. In relation to subterranean land, the maxim has caused just as much legal uncertainty and confusion as it has in regards to airspace. Although, it is certainly true in stating that a land owner has rights to land under the soil, however, the suggestion that these rights go down to the centre of the earth is equally as misleading as the suggestion his rights go up to the sky. The general rule regarding subterranean land, in particular treasure, is that if an item found fits under the definition of treasure (as defined in the Treasure Act 1996)45 then it automatically belongs to the crown. Under this definition, treasure is any object at least 300 years old with a metallic content of which at least 10% is precious metal. Subsequent case law has determined that, minerals, treasures and other inorganic substances which are found underneath the grounds of the owner all belong to landowner46. However there are exceptions regarding coal47 which has not been worked on and petroleum48; both of which belong to the Coal Authority and the Crown respectively. Gray and Gray (2009) further state that the landowner has no absolute title to the water that flows through his/her land whether it is through a channel or river. Although, in Embrey (1851) it was declared that the landowner has the right to reasonably enjoy the flow of water, however, this was later amended in John Young Co [1893] where it was held that this right only exists providing that the flow of water or its purity is not diminished for others to use. Likewise, in Fothringham (1984)49 it was held that the landowner has the right to fish in the water flowing through his land as far as he can reach by normal casting or spinning50. This was later strengthened and clarified in Nicholls[1936]51 where it was held that the landowner has the right to the fish once he/she catches and kills them they then become his/her property. As subterranean land is included within a landowners property, it is therefore possible to constitute trespass through the subterranean zone; the area beneath the land which is owned by the landowner. Subsequent case law has demonstrated various ways in which trespass of the subterranean zone have occurred including trespass via entry to a cave as demonstrated in Edwards (1930)52 or alternatively by installing sewage and draining pipe underneath the owners land without lawful consent or authorisation from the landowner as was the case in Roberts (2001). 53 Consequently, before identifying if there can be a possible claim of adverse possession, there are certain statutory and common law requirements which need to be fulfilled. These statutory requirements are listed within the Limitation Act (1980)54 which state that no action can be brought by a landowner in an attempt to recover his land after the expiration of twelve years from the date on which the right of action accrued to him, or from the date on which the right accrued to some person through whom he claims. The right of action is perceived as having accrued once a landowner has been dispossessed of his land or has discontinued use of it. In terms of airspace it is both practically and legally impossible for adverse possession of the higher stratum. This is because the higher stratum has been identified as being open for the use of the public55. Likewise, in terms of adverse possession of subterranean land, though it appears theoretically and to some extent lawfully possible however, it appears impractical and unfeasible. Moreover, in regards to classifying landowners subterranean rights including that of adverse possession, legal commentator Dr Jean Howel56 suggests that the same test that has been applied by Griffiths J in Bernstein57 should also be applied to identify ownership of subterranean land. This argument appears to be supported by the Supreme Court in Bocardo SA v Star where the court reduced damages in regards to subterranean trespass. They did so on the grounds that the defendants actions occasioned no harm whatsoever to the land and more importantly it did not interfere with Bocardos [the claimants] use or enjoyment of its land58. This judgement appears to be sensible and makes a substantial attempt to clarify the law regarding subterranean land by referencing the reasonable enjoyment of land principle established in Bernstein. However, although the principle seems to be an established precedent, it may be criticised for lacking practicality in regards to how it can be applied to subterranean land. The biggest problem being how would one classify what is reasonably necessary for enjoyment in terms of land under the ground? It is not as easy as classifying the lower and upper stratum of airspace as subterranean land is not as widely used as airspace. Hence, if Howels theory is applied, the courts will have the complex task in overtly establishing how far below the soil a landowner has rights to; with consideration to Gray and Gray (2009) who suggest that it is unlikely to be much further than 200 metres below the surface59. Furthermore, one must clearly comprehend and differentiate the fact that Spranklings commentary in Owning the Centre of the Earth60 and opinions therein reflect his thoughts on American land law which, although can be compared to Britain in some respects, cannot be applied wholly or generalised entirely to British land law .

The KMT vs. The CCP essays

The KMT vs. The CCP essays The conflict of the Kuomintang(KMT) and the CCP(Chinese Communist Party) became obvious when the leader of the KMT died in August of 1925. This death caused the initial overthrow of Wang Jingwei and finally Chiang Kai-shek. Even before Chiang gained power, however, he had oppressed the CCP by arresting many of the leading Communists in the KMT. When he took over a struggle for the superlative form of government became apparent. The outcome, however, is one with much dispute. Why did the Communist regimes defeat the more equipped and better-aided Kuomintang? I would have to argue that it was mostly the fault of Chiang Kai-shek and the corruption of the KMT. In the following I will give the reasons to support this statement. Firstly, under the control of Chiang, the KMT did not have a very well organized or loyal administration. When the KMT was taking control over the warlord-controlled territories of China, instead of appointing the KMT's officials to oversee his conquered territories, Chiang allied the warlord armies and gave them control without significantly changing the underlying structure of their system. This led to become a very insecure form of government to which Chiang could not trust nor rely on to shape his 'nationalist' ideals. Furthermore, the moment Chiang was out of the warlords' sight, they would go back to being warlords. It was almost a mock-defeat, with Chiang forced to return to these territories to regain his control and weaken his subordinates. Also, Chiang mad no distinction to exactly what form of government he would like to see implemented. While the goal was democracy, the KMT believed that China was not ready for such a system. Or was it Chiang who did not believe that China was ready for this... The second mistake the KMT made is one of disassociation with the masses. Chiang and the KMT made no effort to identify or even communicate with the Chinese people the principles of his system o...

Peter Abelard - Philosopher and Teacher

Peter Abelard - Philosopher and Teacher Peter Abelard was also known as: Pierre Abà ©lard; also spelled Abeillard, Abailard, Abaelardus, and Abelardus, among other variations Peter Abelard was known for: his significant contributions to Scholasticism, his great ability as a teacher and writer, and his infamous love affair with his student, Heloise. Occupations: MonasticPhilosopher TheologianTeacherWriter Places of Residence and Influence: France Important Dates: Died: April 21, 1142 Quotation from Peter Abelard: This first key of wisdom is defined, of course, as assiduous or frequent questioning. Sic et Non, translated by W. J. Lewis More Quotations by Peter Abelard About Peter Abelard: Abelard was the son of a knight, and he gave up his inheritance to study philosophy, particularly logic; he would become renowned for his brilliant use of dialectics. He attended many different schools seeking knowledge from a variety of teachers, and often came into conflict with them because he was so headstrong and certain of his own brilliance. (The fact that he really was brilliant didnt help matters.) By 1114 Peter Abelard was teaching in Paris, where he met and tutored Heloise and became a notable figure of the twelfth-century Renaissance. As a philosopher, Peter Abelard is well-remembered for his solution to the problem of universals (definitive qualities of any given class of things): he maintained that language itself cannot determine the reality of things, but that physics must do so. He also wrote poetry, which was very well received, and established several schools. In addition to these scholarly efforts, Abelard wrote a letter to a friend, which has come down to us as the Historia Calamitatum (Story of My Misfortunes). Together with letters written to him by Heloise, it provides a great deal of information about Abelards personal life. Peter Abelards affair with Heloise (whom he had married) came to an abrupt end when her uncle, wrongly believing Abelard was forcing her to become a nun, sent thugs to his house to castrate him. The scholar hid his shame by becoming a monk, and his philosophical focus shifted from logic to theology. Abelards subsequent career was extremely rocky; he was even condemned as a heretic at one point, and the work the Church deemed heretical was burned. Because Abelard was so cocksure, applied logic so ruthlessly to matters of faith, criticized anything he found worthy of contempt and frequently insulted fellow clerics, he was not well-loved by his contemporaries. However, even his harshest critics had to concede that Peter Abelard was one of the greatest thinkers and teachers of his time. For more about Peter Abelard, his relationship with Heloise, and the events that followed, visit  A Medieval Love Story.   More Peter Abelard Resources: A Medieval Love StoryOnline Text of Abelards Historia CalamitatumQuotations by Peter AbelardAbelard and Heloise Picture GalleryPeter Abelard on the WebAbelard Heloise on FilmThe link below will take you to an online store, where you can find more information about the film. This is provided as a convenience to you; neither Melissa Snell nor About is responsible for any purchases you make through this link. Stealing HeavenBased on the fictional novel by Marion Meade, this 1989 film was directed by Clive Donner and stars Derek de Lint and Kim Thomson. The text of this document is copyright  ©2000-2015 Melissa Snell. You may download or print this document for personal or school use, as long as the URL below is included. Permission is not granted  to reproduce this document on another website. For publication permission,  please   contact  Melissa Snell. The URL for this document is:http://historymedren.about.com/od/awho/p/who_abelard.htm

Models of Decision Making Essay Example | Topics and Well Written Essays - 500 words - 2

Models of Decision Making - Essay Example Although, the offshore firm was willing to do revisions, there were issues of quality control, language barrier, distance and timing to contend with. Maybe it was partly because it was the first time we use outsourcing service, but the foray was certainly disastrous. In line with the normative model, I have tried the outsourcing initiative with the idea that I am doing whatever yields the best consequences for the company in the future. I have asked myself several times, if by outsourcing I am displaying some form of personal bias and have found that maybe I am, in an effort to cut cost for the current year. I was working now on descriptive model grounds. It never occurred to me to dig deeper on this area in the course of my judgment. If after identifying this bias, I could have tried to correct it by analyzing further what others would have done and by doing some research in order to be objective with my decision. This would have been the prescriptive decision making model and I have missed to comprehensively use it. When I decided to outsource service, it was a decision in the area of the normative model as I am concerned with cost-cutting and the profit for my company. However, when I arrived at the decision of choosing an Indian firm to outsource our database revision, I was working within the descriptive decision making model. Prescriptive model would have required me to explore the judgment, beliefs and preferences of decision makers in relation to issues before them (Rios 1994, p. 25) and would lead me to choose a better outsourcing destination or simply hire an additional staff to work on the database in-house. According to Grunig and Kuhn (2005 p. 8), a decision can be approached: 1) purely intuitively, 2) through routine recourse to procedures used in the past, 3) by adopting unquestioningly the suggestions of experts, 4) by choosing at random or 5) by systematic rational thought supported

Leadership Research Paper Example | Topics and Well Written Essays - 1000 words - 2

Leadership - Research Paper Example Therefore, in order for the businesses to remain competitive, they need effective leadership (Giuliani, & Kurson, 2002). This paper will therefore, analyze reasons why leadership is a fundamental part of the organization behavior. Effective leadership is very instrumental because the organizations take the personality of their leaders. Currently, the market has become very dynamic. As a result, in order for the organization to remain competitive, it must have a positive behavior. The subordinates should be market oriented. In addition, they should work together as a unit towards a common objective. This cannot be achieved if there is no effective leadership (Giuliani, & Kurson, 2002). For instance, if there are wrangles between the top-level managers the problems are likely to trickle down to the rest of the subordinates. Therefore, strong leadership is significant in fostering positive behavior between the employees. Once this is achieved, the organization is able to deal with varying challenges, an aspect that plays a significant role in ensuring that the organization remains united towards a common objective. Effective leadership is instrumental in enhancing communication which in-turn leads to positive organization behavior. Teamwork has become an important concept towards the success of any organization. However, teamwork cannot be achieved if there is no effective communication. Effective leadership ensures that issues that are raised by the employees are dealt with before they get out of hand. This is through ensuring that they implement an open office policy which enables the employees to report any grievances to the top-level managers without the use of intermediaries. This plays an important role in motivating the employees, thereby creating a serene working environment. The behavior of the organization depends on the personnel on the helm. If the leaders are involved in the daily operations of the

Racial and Ethnic Discrimination in Canada Essay Example for Free

Racial and Ethnic Discrimination in Canada Essay You know the world is off tilt when the best rapper is a white guy (Eminem), the best golfer is a black guy (Tiger Woods), the tallest basketball player is Chinese (Yao Ming, 76) and Germany doesnt want to go to war (in Iraq). Charles Barkley stated in a 2003 interview, pointing out various misconceptions with stereotypes. A stereotype is defined by dictionary. com as: something conforming to a fixed or general pattern; especially: an often oversimplified or biased mental picture held to characterize the typical individual of a group. I have commonly heard stereotypes such as the French are good cooks, Italians are great lovers, and the Irish are lazy or comments made like dumb jock, lazy Cape Bretoner, or that women are not strong!! The list could go on endlessly as there appears to be stereotypes regarding people of all races, religions, sexes and ethnic groups, etcetera. Stereotypes can be either positive or negative. Most stereotypes tend to make us feel superior in some way to the person or group being stereotyped. Stereotypes ignore the uniqueness of individuals by painting all members of a group with the same brush. Throughout the course of this paper I plan to discuss some racial and ethnic issues in Canada. Where some of these issues originated from, what we can personally do to help eliminate discrimination in the workplace and what the government is doing to try to combat such discrimination. Let me first begin by defining discrimination, racism and ethnicity since these terms are all important terms to understand before going into further discussion. To discriminate is simply defined by yourdictionary. com as: To make distinctions on the basis of class or category without regard to individual merit; show preference or prejudice. Therefore, discrimination occurs when a person is not treated equally because of their gender, race, religion, ethnic origin, nationality, sexual orientation, or age. Yourdictionary. com defines racism as: The belief that race accounts for differences in human character or ability and that a particular race is superior to others. Discrimination or prejudice based on race. In other words, when an individual or group is treated unfairly or abused because of their skin color or racial heritage they are victims of racism. Ethnic, as defined by yourdictionary. Com is: Of or relating to a sizable group of people sharing a common and distinctive racial, national, religious, linguistic, or cultural heritage. B. Being a member of a particular ethnic group, especially belonging to a national group by heritage or culture but residing outside its national boundaries. With that being said, it is my belief that stereotypes and ignorance about others most often lead to discriminatory behavior both inside and outside the workplace. I have heard Canada described as a multicultural nation meaning that Canadians are not of any one cultural background, race or heritage. For all Canadians, including Aboriginal People, this multicultural diversity can be traced to an immigrant past. This does not mean that the majority of todays Canadians are immigrants but rather that the majority of Canadians have in their past, perhaps many generations ago, a family member who migrated here from another country. That is why many of us have a mixed ancestry, for example; Irish, Scottish, Ukrainian, French and Aboriginal, and the list can go on. Canadas Aboriginal People were the first to immigrate, and settle across the continent, tens of thousands of years before European settlers. After the European settlers came the French, followed by the English, Scots and Irish formulating Canada into the diverse country it is today. In the years before the American Civil War, thousands of black slaves escaped slavery in the United States by following the Underground Railway north to Canada. Then, at the turn of the century, American farmers moved northward into the Canadian prairies to develop farm lands. Although Canada originally consisted of a wide variety of immigrants, some people were not as welcome in the country as others and were therefore not treated equally. Those who were of different race, color, or religion then the majority of Canadians were labeled as foreigners. The use of the term foreigner held many connotations for example, different, strange or inferior and many at the time wanted to see the foreigners assimilate to fit into Canadian society. There are many events in Canadas past that has contributed to the racism and discrimination in Canada today for example, the disregard and unfair treatment of Aboriginal Peoples by Europeans who settled here. Even though a vast majority of African-Americans moved to Canada to avoid slavery, from early in the 1600s until 1834 there was a recorded 4092 slaves throughout the country, mostly living in Quebec . The Asiatic Exclusion League, which originated in California in 1905 as an anti-Oriental movement, moved north into Vancouver in 1907. The league was the main instigator in anti-Asian riots in the city since their main goal was to have all Chinese and Japanese immigrants removed from North America out of fear that they were taking jobs away from Whites . It also appears that throughout history the acceptance of immigrants in Canada greatly depended upon the economic state of the country at that time. During the Great Depression of the 1930s immigrants seeking jobs were unwelcome and overlooked for employment. Although the Government of Canada has made many advances in breaking the barriers that Aboriginal People, immigrants and minorities face in the country; immigrants today still face a number of problems when trying to enter the labor market, for example: ? Non-recognition of international credentials and work experience ? Lack of Canadian work experience ? Inability to communicate in English or French ?Insufficient labor market information prior to immigrating to Canada I have traveled to some of the major cities in Canada and was a little surprised by the degree of segregation that is apparent in these cities. By this, I mean that these larger cities, like Toronto and Vancouver, have communities which are almost completely independent from the rest of the country. These independent communities that I saw, of Chinese or Italian people, seemed to have everything they needed to survive within the community including their own schools. I could not help but wonder what effect this type of segregation has on the country. I respect the fact that all people are trying to protect their identity. At the same time, by choosing to live in Canada, shouldnt they try to integrate into the country a little more while still preserving their identities? Shouldnt they try to assimilate? How can Canada thrive as a country with so much segregation? We need to become a unified country. Not such a historical thought pattern, I guess!! It is people who have attitudes like mine that are causing problems in the country or do all people have these thoughts and choose not to admit it. I have similar negative feelings about scholarships being available only to certain people or government funding for certain people to attend university because they are a minority. I understand that differential treatment is required in order for equality to become a possibility. However, I still feel a degree of resentment about these programs being offered when I have to borrow money in an effort to obtain my university degree. Will this resentment evolve? When I hold a management position in the future, will I discriminate against a person because he or she doesnt have a huge student loan to pay and another does? It is cases like mine that causes racism to continue in society and the workplace today? With the announcement of Nova Scotias plan to increase immigration into the province came an increase in the racist comments I have heard. Since I work in bars I hear, and partake in, a great deal of conversation. When people are drinking they tend to be even more likely to say things they normally wouldnt. That is why I have heard, at times, some very racist remarks. People have said that the government should be trying to retain people in the province that are born here before they bring foreigners here. They need to take care of their own first!! It is because of these comments and feelings that I am doubtful that discrimination against people, because of their race or color, will ever be completely eliminated in the country. How do we achieve equality with so much differentiation? How do we check or personal opinions at the door when we go to work? Since it is impossible to eliminate racism and discrimination entirely in society, we need to do as much as possible to eliminate it in the workplace. We need to make changes similar to the changes companies have made in an effort to combat discrimination against people because of their religion. For example, adapting zero tolerance rules, providing more education for employees, human resource departments need to provide more opportunities for people of minorities, immigrants, and Aboriginal Peoples and barriers have to be removed for all these people who are trying to enter our labor market. March 21, 2005 is International Day for Elimination of Racial Discrimination a day to remember the struggles and challenges that Aboriginal peoples and people of color have endured. It is also a time to recognize and applaud the fact that members of these two communities have made anti-racism struggles a significant part of labors agenda. Lets respect this day and try to make some positive changes at home, school, or work toward eliminating racism.

Dead Asleep :: Essays Papers

Dead Asleep I am walking through a damp forest that only allows light through the breakage in the vast tree limbs. It is rather hard for me to find a path to follow when there is such little light but I am compelled to go in this certain direction. I am not scared, however, I am being very cautious of my surroundings. I think of leaving the window cracked, but I know this section of the brain is still in reality because I am walking right now and there is no window to be seen. It seems like I have been walking for miles when I here a slight crackle in the brush behind me. This is not a heavy crackle; it is like the sound of a toddler wearing feeted pajamas tip-toeing through a flower garden. I swing around to see what is there, but all that I can see is blank space: no forest anymore, just a blank reel of film that is still playing in the projector of my mind. I hastily turn back toward the direction I was compelled to go in before but it is also blank space now. I hear the cushiony crac kling noise again and wonder how blank space can crackle. A droplet of sweat trickles down my left cheek and my heart rate is starting to quicken so I know I am getting nervous. I feel the need to take a deep breath and close my eyes to try and relax myself. I kept my eyes closed for probably about a minute waiting to hear the noise again. Not hearing anything, I opened my eyes with a little difficulty. Expecting to see blankness again, my eyes were forced closed again when I saw all the bright colors. It seems as though a rainbow has thrown-up on my blank canvas of a dream. When my eyes finally adjusted to the brightness, the colors were swaying and swirling very rapidly, yet also in rhythm to the song â€Å"The Wheel†. I spin around and around in circles trying to assess my newfound surroundings and begin to realize the bright swirling colors are forming figures. Each color: red, blue, yellow, green, and orange turn into fuzzy bears with bib-like things around their necks. The green bear approaches me as if he had something important to tell me; he began to talk, but his mouth only moves- there is no sound.