Autism

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g Head IDENTIFICATION AND CHARACTERISTICS OF AUTISM

Identification of the Background and Characteristics of the Pervasive Developmental Disorder Autism

Joe Eader

Evangel University

Help with essay on Autism

Identification of the Background and Characteristics of the Pervasive Developmental Disorder Autism

Autism is an interesting research field because pervasive disorders are very difficult to treat. In addition, autism is extremely problematic and contains a wide range of behaviors including deficits in language, perceptual, and motor development (Carson, Butcher &, Mineka, 000, 565). Personally, I have never observed or confronted an autistic child or adult. However, I have spoken with many friends, peers, or family members that have experienced autistic people. These family members or peers have told me their various stories of frustration, discouragement, and depression with the developmental disorder. In addition, advertisements such as commercials on TV with Doug Flutie are powerful and spark interest and curiosities about autism. Because autism is tough to treat and creates many problematic behaviors, I almost feel compelled to pay special respect and attention to this disorder. After all, TV commercials are overly expensive, hard to make, time consuming, and typically are only made by either big corporations or important foundations. These types of people have spent a lot of time and energy into making people aware of autism. As a result, finding ways to treat and better understand autism is costly and time consuming. This proves that autism is an important area to be emphasized and studied.

Autism is a pervasive developmental disorder (PDD), a group of disabling conditions that are among the most difficult to treat. In addition, autism is one of the most frequent and most puzzling and disabling of the pervasive developmental disorders (Carson et al., 565). Although the views on autism have varied in the past, there is general information that we know about the disorder. Information on autism can be identified, described, and better recognized through the DSM-IV description and criteria of autism, the history of autism, and through current trends in the diagnosis and treatment of autism.

The Diagnostic and Statistical Manual of Mental Disorders (DSM- IV) describes autism through diagnostic features

The essential features of Autistic Disorder are the presence of markedly abnormal or impaired development in social interaction and communication and a markedly restricted repertoire of activity and interests. Manifestations of the disorder vary greatly depending on the development level and chronological age of the individual. Autistic Disorder is sometimes referred to as early infantile autism, childhood autism, or Kanner's autism. (American Psychiatric Association, 14, 66)

The impairment in social interaction is gross and sustained. In addition, there may be "marked impairment in the use of multiple nonverbal behaviors (e.g., eye-to-eye gaze, facial expression, body postures, and gestures) to regulate social interaction and communication" (American Psychiatric Association, 14, 66). Also, there may be "failure to develop peer relationships appropriate to developmental level that may take different forms at different ages. For example, younger individuals could have little or no interest in friendship but lack understanding of the conventions of social interaction" (American Psychiatric Association, 66). Furthermore, there may be a "lack of spontaneous seeking to share enjoyment, interests, or achievements with other people" (American Psychiatric Association, 66). An example of this would be not showing or pointing out things that they find interesting or exciting.

The impairment in communication is described and marked by sustained affects in both verbal and nonverbal skills (American Psychiatric Association, 14, 66). For example, there may be a "delay in, or lack of, the development of spoken language" (American Psychiatric Association, 14, 66). Also, when the individual does speak, there may be "marked impairment in the ability to initiate or sustain a conversation with others, or a repetitive use of language or idiosyncratic language" (American Psychiatric Association, 66). Often, when speech develops the pitch, intonation, rate, rhythm, or stress may be abnormal. An example of this would be if the speech is monotonous and contains a question-like rise in pitch at the end of each sentence. Repetition is also fairly prevalent when describing Autistic Disorder. The autistic child may repeat certain jingles or commercials from on television that he/she likes or finds interest in (American Psychiatric Association, 66).

Individuals with Autistic Disorder also tend to have "restricted, repetitive, and stereotyped patterns of behavior, interests, and activities" (American Psychiatric Association, 14, 67). In addition, there may be an encompassing "preoccupation with one or more stereotyped and restricted patterns of interest that is abnormal either in intensity or focus" (American Psychiatric Association, 67). Individuals with autistic disorder display a range of interests and are typically preoccupied with one narrow interest . In addition, they may insist on sameness and show resistance to or distress over trivial changes . Other abnormalities may include strange postures (walking on tiptoe, odd hand movements and abnormal body postures) (American Psychiatric Association, 67).

The Diagnostic and Statistical Manual of Mental Disorders criteria for .00 Autistic Disorder is as follows

(I) A total of six (or more) items from (A), (B), and (C), with at least two from (A), and one each from (B) and (C)

(A) qualitative impairment in social interaction, as manifested by at least two of the following

1. marked impairments in the use of multiple nonverbal behaviors such as eye-to-eye gaze, facial expression, body posture, and gestures to regulate social interaction

. failure to develop peer relationships appropriate to developmental level

. a lack of spontaneous seeking to share enjoyment, interests, or achievements with other people, (e.g., by a lack of showing, bringing, or pointing out objects of interest to other people)

4. lack of social or emotional reciprocity ( note in the description, it gives the following as examples not actively participating in simple social play or games, preferring solitary activities, or involving others in activities only as tools or mechanical aids )

(B) qualitative impairments in communication as manifested by at least one of the following

1. delay in, or total lack of, the development of spoken language (not accompanied by an attempt to compensate through alternative modes of communication such as gesture or mime)

. in individuals with adequate speech, marked impairment in the ability to initiate or sustain a conversation with others

. stereotyped and repetitive use of language or idiosyncratic language

4. lack of varied, spontaneous make-believe play or social imitative play appropriate to developmental level

(C) restricted repetitive and stereotyped patterns of behavior, interests and activities, as manifested by at least two of the following

1. encompassing preoccupation with one or more stereotyped and restricted patterns of interest that is abnormal either in intensity or focus

. apparently inflexible adherence to specific, nonfunctional routines or rituals

. stereotyped and repetitive motor mannerisms (e.g., hand or finger flapping or twisting, or complex whole-body movements)

4. persistent preoccupation with parts of objects

(II) Delays or abnormal functioning in at least one of the following areas, with onset prior to age years

(A) social interaction

(B) language as used in social communication

(C) symbolic or imaginative play

(III) The disturbance is not better accounted for by Retts Disorder or Childhood Disintegrative Disorder

Other typical characteristics of autism are "affect isolation, unrelated ness to others, twiddling behavior, inconsistent developmental continuity, self-destructive behavior, temper tantrums-anxiety, apparent confusion, and orderliness" (Webster, Konstantareas, Oxman &, Mack, 180, 6-8). All of which are described in similar terms through the DSM-IV.

Historically, researchers and professionals overtime have changed their viewpoints and understandings of autism. As a result, the definitions, characteristics, and approaches to the treatment of autism have all been reviewed (Olley, 1, ). "Today, the term autism is usually associated with the syndrome described by Kanner, but its use began much earlier in psychiatry. Bleur (111/150) used the term to describe a withdrawal into fantasy in schizophrenia" (Olley, ). However, Kanner's (14) use of the word autism reflected his emphasis on the social deficits of the disorder, but were still confused with a syndrome of schizophrenia by some(Olley, ). Although the term autism was introduced in this century, it has been present for many generations. There are reports documented long before Kanner and Bleur that show the observation and study of the origin of children with very deviant social and language development. Early on, characteristics, such as avoiding the gaze of others and showing no recognition of parent's absence were observed in autism (Olley, ). Later on, researchers and observers began to label this deficit as withdrawal. For his time, Kanner was accurate with many of his observations on the symptoms of autism. Unlike Bleur, Schizophrenia is differentiated from autism in Kanner's studies. Kanner described autism as being "'from the start anxiously and tensely impervious to people'" (Olley, 4). In addition, Kanner saw people with autism living in a world, which they have been "total strangers from the beginning. …[and] also pointed out the isolated play, unusual language traits, insistence on ritual behavior, and resistance to change. " (Olley, 4).

Historically, Kanner was wrong about some of the aspects of autism, but was overall quite accurate. Early optimism of children with autism "concluded that the children had 'intelligent physiognomies' and that their faces showed 'serious-mindedness'" (Olley, 1, 4). This is where the myth of the autistic child as a "latent genius" has endured and caused great distress for family members and teachers (Olley, 4). During this time, some people believed that autistic children were prodigies who could not associate with the more common world. However, more recent research has consistently found about 80% of people with autism to function in the mentally retarded range of intellectual development and the other 0% show social language, and other learning problems that seriously impair their adaptive behavior (Olley, 4). Consequently, the optimistic suggestion that autistic children are geniuses is unfounded and baseless through research.

Another past misconception was that parent behavior caused the autistic condition. Although characteristics of autism are present from the beginning of life, Kanner also observed mainly that the parents in his sample to be from upper middle-class backgrounds and to have a cold manner in dealing with their autistic child (Olley, 1, 5). As a result of Kanner's observation, Bettleheim (167) picked up this theme and built a theory of nature of autism in which the emotional coldness of parents, especially mothers, was the central cause. Later, Rimland (18) summarized Bettleheim's view that "'autistic children had been mistreated by their mothers… thus giving the children feeling s of hopelessness, despair, and apathy and leading them to withdraw from contact with reality'" (Olley, 5). According to more recent and better research, this would be considered a past scientific view. Past scientific and "medical literature on the childhood psychoses [has been] confusing and contradictory in numerous respects" (Davids, 174, 17). "Some books and articles are written from the psychogenic point of view, as though it were quite well-established that faulty mother-child relations were the sole cause, or at least a major contributing cause, of psychosis in childhood" (Davids, 17). A good example of this view would be what Bettelheim theorized. Other writers "concern themselves with biological approaches, and pay scant, if any, attention to the convictions of the psychogenecists" (Davids, 17).

On the other hand, "Rimland and other writers of the 160s played an important role in changing the prevailing psychoanalytic view of autism that had been popularized by Bettleheim" (Olley, 5). Rimland later on found no evidence for the "psychogenic or psychologically based approach", which opened the door for the burgeoning biomedical research of today (Olley, 5). As a result of Rimlands findings, the departure of the psychoanalytical approach led to rapid growth of research based on other viewpoints including behavioral, cognitive-developmental, and the biomedical views (Olley, 5). Beginning in the 160s, researchers applied psychological research from the laboratory to the learning of children with autism (Olley, 1, 5). In the past, behavioral reinforcement and punishment techniques have seemed to show some effectiveness with simple practical skills. Early studies on the effects of rewards and punishments have led to a much broader emphasis on teaching practical skills for the autistic community and throughout their lifespan and today "the integration of basic behavioral research and treatment programs in many settings has led to substantial knowledge and improved services" (Olley, 1, 5).

The cognitive-developmental view on autism seems to focus on the basic deficits in cognitive processing. This includes such mental processes as language, social, and related learning (Olley, 1, 5). These have been the basis for another past and contemporary approach to autism. However, some writers, such as "Rutter (18) have identified cognitive deficits in language, abstraction, and sequencing as the primary deficit in autism" (Olley, 5-6). Although the cognitive-developmental view may differ depending upon the researcher, in general, it remains a contemporary view on autism. In addition, it helps professionals understand the deficits in abstractions that autistic children typically have particularly those pertaining to social behavior (Olley, 6).

Recent medical research has contributed to our knowledge of autism. It has increased our knowledge of the organic basis of autism through the neuroanatomical, neurochemical, and genetic abnormalities that autism presents (Olley, 1, 6). Historically, these have not been emphasize, but with the advances in technology the biomedical view it has been made available. Another area that has recently been advanced is in the medicines that can treat at least some of the symptoms of autism (Olley, 6). These are far better understood now than they were even a few years ago. Recent biomedical studies of autism have included autopsied brains of people with autism. Scientists and researchers have found abnormalities in the limbic system and the cerebellum (Olley, 6). These are areas that are linked to memory and emotion. Overall, the growth of medical research on autism has been dramatic and recent. Although experts may disagree on the specifics, the medical view has given essential knowledge about autism.

Historically, another area that has been in major disagreement is diagnosis. Although today autism diagnosis has been significantly clarified, at one time "confusion existed involving the differentiation of one type of childhood psychotic from the others" (Davids, 174, 17). For example, the terms "childhood schizophrenia, psychotic child, autistic child, and child with infantile autism [were] used so often interchangeably" (Davids, 17). As a result, many researchers would often enter this field with serious interest only to find the information from sources muddled and confusing (Davids, 17). Often, scientific progresses in the field of autism were impeded severely by this chaotic situation.

Current trends of the diagnostic criteria for autism have relatively remained the same since 14. This was the year that the most recent version of the Diagnostic and Statistical Manual of Mental Disorders was published. Although there are still controversies over some research, no apparent changes seem expected to be made for on the next version of the DSM. Diagnosing autism is an overall hard-hitting task for professionals. The multiple "definitions of the syndrome lead to disparity in the way the diagnosis is applied. This may be further compounded because an autistic child may exhibit a majority of but not all of the symptoms" (Johnson & Koegel, 18, 4). The consequence of this is that it contributes to a low reliability rate among professionals diagnosing the same child as autistic. Because of the low reliability rate, a solid behavioral assessment is emphasized to help define children who may have autism.

Currently, treatments for autistic children are available, but the remedies do not seem to be as effective as they are in many other disorders. Not too long ago, many autistic children were deemed "'unable to profit from an educational program'" (Erikson, 187, 600). In return, this left parents of autistic children few resources, which meant they were left to cope on their own. At this point institutionalization was the only alternative offered. This is when the education and treatment of handicapped children and adults became a national concern. "In 10, the Individuals with Disabilities Education Act (IDEA) added autism as a new category of disability. The law's recognition of autism as a distinct disability constituted an important step forward in meeting the needs of children with autism" (Katsiyannis & Reid, 1, 8). As result, currently, states are required to develop classroom and personnel training standards, and educators. Today, parents can expect that existing expertise and knowledge on autism will be used as a basis for working with their children. Unfortunately, despite a considerable body of research on techniques that are demonstrably effective for autistic children, there is a persistent reliance on controversial treatments. Because autism is so hard to treat, many of the methods of treatment are still considered "implausible and empirically unsupported" (Katsiyannis & Reid, 7).

Many of the treatment methods are unsupported because of uncertainty. Autism can be an implacable foe. This is because the contours of autism are shadowy; it takes on different shapes wit different children and within the same child at different ages. Up to this point, "[t]here is no standard treatment for autism" (Cohen, 18, 84). Instead, "there is a history of supposed 'breakthroughs' or 'miraculous treatments' that turn out not to be miraculous and help only a small proportion of autistic children" (Cohen, 84-85). At the present time most forms of treatment for autism are probably best thought of a s facilitative (Cohen, 85). They may pave the way for "improved functioning" (Cohen, 85) but do not eliminate the core features of autism. The only treatments that seem to be supported are "'alternative treatments'" (Cohen, 85) like auditory integration training, which may be facilitative for some children. Other treatments that are being viewed as possibilities include megavitamin therapy, dietary treatment, and sensory integration therapy (Cohen, 85). However, nothing seems more promising than educational treatment for young autistic children. There is "virtually no disagreement about the value of early educational intervention" (Cohen, 87). "Over twenty years of data collected by federally funded educational projects for children with developmental disabilities point to this conclusion, as do several programs specifically designed for autistic children.

In conclusion, autism is a battle for professionals, family, and teachers. There seems to be a reciprocating effect between diagnoses and treatment of autism. Throughout the research there seems to be a general idea that the more accurate and reliable we become in properly diagnosing autism, the more chance there is that we will find better and more effective methods to facilitate and treat autism. Another conclusion that I have come to is that there will never be a total recovery from autism unless divinely healed by our Lord. The word recovery is to imply promise and normalcy. Basically, recovery states that a child will become normal. Although autistic children have the ability through treatment to improve, to an extent, the degree of their behavior, it seems that autism will always be seen as a lifelong disorder. Although, with the technological advancements of medical capabilities, someday it may be possible that scientist can isolate the biological hurdles involving autism and produce prevention methods. For example, already there is research being done to see whether there is a correlation between immunization or booster shots and increasing occurrence of autism. Early research has shown that there is no evidence or association found between the measles-mumps-rubella (MMR) immunization and increasing occurrence of autism (Henderson, 001, 1). What I feel is most important from my research is that autism is finally receiving an appropriate level of attention. Research is expensive and time consuming. After such an expended time of dormancy it is great to know that finally newer research, findings, and knowledge are beginning to sprout about Autistic Disorder.

References

American Psychiatric Association (14). Diagnostic and statistical manual of mental disorders (4th ed.). Washington, DC American Psychiatric Association.

Carson, R. C., Butcher, J. N., & Mineka, S. (000). Abnormal Psychology and Modern Life (11th ed.). Needham Heights, MA Allyn & Bacon.

Cohen, S. (18). Targeting Autism. Los Angeles University of California Press.

Davids, A. (174). Child personalityand psychopathology Current topics. New York Wiley-Interscience.

Erikson, J. (187). Public policy Themes and emerging issues. In D. J. Cohen, A. M. Donnellan, & R. Paul (Eds.), Handbook of autism and pervasive developmental disorders (pp. 5-614). Silver Spring, MD Wiley-Interscience.

Henderson, C. W. (001, /1/001). No association between MMR Immunization and increasing occurrence of autism. Vaccine Weekly, 0/1/001, 1-17.

Johnson, J. & Koegel, R. L. (18). Behavioral assessment and curriculum development. In R. L. Koegel, A. Rincover, & A. L. Egel (Eds.), Educating and understanding autistic children (pp. 1-). Boston College-Hill.

Katsiyannis, A. & Reid, R. (1, Summer ). Autism and section 504 Rights and responsibilities.. Focus on Autism & Other Developmental Disabilities, 14(), 7-1.

Olley, J. G. (1). Autism Historical overview, definition, and characteristics. In D. E. Berkell (Ed.), Autism Identification, education, and treatment (pp. -0). Hillsdale, NJ Lawerence Erlbaum Associates.

Webster, C. D., Konstantareas, M. M., Oxman, J. & Mack, J. E. (180). Autism New directions in research and education. Elmsford, New York Pergamon Press.

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Perfect Day

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A Perfect Team

It's a beautiful day at the ballpark, the sun is glistening and there is a slight breeze that cools your skin. The Pioneer's are preparing them selves to go into battle. As I look at my fellow teammates the prevalence of are hard work is obvious to anyone that comes to watch us play the great game of baseball.

We begin our journey for the day in the cage hitting. The overwhelming smell of pine tare fills the air and the crack of the bat echo's as one of our players connects with a pitch. Discipline, intelligence and strategy play a big role with our hitters. As we go through rounds in the cage each one of our batters works on situation drills that may be needed in the game. Quick hands and good pitch choices play a key role in our success in the cage and on the field. We know that we are going to have to get the job done with the sticks but also on the field.

As we take the infield our opponent stops what they are doing and give us full attention. We take the field with confidence and poise, we know that are talent and completive ness will allow us to compete with any team. Our infield is flawless, our agile infielders move to the ball quickly with soft hands and confidence. Our outfielders aggressively cover the ground needed for them to make outstanding plays, they ah the opposing team with their great arms and speed.

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It is apparent that we are healthy and in good shape and no one is to out play us on our home field. We take the final moments, while our enemies take the field, to prepare our-selves mentally for whatever challenges that we may face in this nine-inning game. We go over play after play, and situation after situation so that we know what to do with the ball, and so that if we are put in one of those plays or situations it is pretty much second nature what we are to do with the ball. We always make the intelligent play.

The game begins…

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Field Placement Accomplishments

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ACCOMPLISHMENTS AT NOVOPHARM LTD.

Introduction

The only to way to learn is to actually experience. Saying this, as part of the Business Administration program at Durham College the students took part in a field placement project gaining the experience and confidence to incorporate the material learned in the classroom to their positions in the workforce. I am very pleased say that I had the pleasure in working at Novopharm for this period of time. The assignments and projects that the Health and Safety department joined me in on were challenging and yet valuable to say the most. These assignments and projects ranged from working with external consulting firms, conducting Particulate Testing, Conducting Noise Testing, and Accident Investigations.

The department in which I was working with encompassed very intellectual and experienced colleagues that took the time and patience to teach and involve me with the everyday business of the organization. These colleagues were from very different educational backgrounds ranging from Occupational Nursing, Engineering, Occupational Health and Safety and Environmental Law. Because of this diversity I believe that I was very fortunate to gain many different view points and procedures with working in the Health and Safety department.

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In this report I will outline the assignments and projects that I accomplished at Novopharm in this time, I will also include the strategies and directions that I took in order to successfully complete these tasks as well as provide an outline of strengths and weaknesses I worked with in completing these assignments.

The first project that I completed while working at Novopharm was a WSIB package for the Managers and Employees working for the company. The problem that was occurring within the company was punctuality and incurred late fees for Novopharm from the Compensation Board. Managers and Employees were not completing the forms and handing them in on time to the Board. To strategically turn this problem around the initial goal for this project was to electronically position a WSIB form 7 into the Intranet fro the company. They believed that by allowing the Managers and Employees to have easy access to this form there would be an increase accidents reported and completed in the allowed time given by the compensation board.

My objective for these projects was to work directly with the Health and Safety Manager and Kenna Consulting group to successfully incorporate and format a form 7 into the Lotus Notes application, so that there would be an extreme decrease in costs associated with the WSIB Compensation Board..

The first step that I took to complete this task was preliminary research in this area, including legislation from the WSIB in accordance to forms, time, costs and roles of the Employee and Manager. The research helped to understand what the processes were and the repercussions of neglecting the procedures. The team needed to know exactly what is to happen with this process and what exactly would happen is this process would be neglected. What I had to do was contact the WSIB Compensation Board to gather information relating to processes and costs. Once I had this information gathered we then met again with the consulting firm to encompass this information into the Lotus Notes application. The next step was to format this project into a web base link. This included choosing colours, the layout, drop menus, location and content.

Once I provided the information to the Kenna Group, my next step was to create a package for the Employees and Managers, so that they would have a manual in time for the launch date of this project. I created this manual using Microsoft PowerPoint, formatting this into a slide booklet starting from the initial accident to the steps involved in completing the form. For this part of the project I did work directly with the Occupational Health Nurse. This Booklet included everything from definitions to print screens of the exact form used in the application and also step by step directions for the Managers and Employee to follow when using this new procedure. I believe that when the launch date came and the entire project came into effect everything went very smooth, the reaction from the employees and managers was very positive and I don't think that I would change any strategies that I used in this completion. I think that my youthfulness brought a lot of creativity to the table as well as in the PowerPoint manual. All in all I was very pleased with the outcome for my first assignment with Novopharm.

The second project that I worked on was in relation to the first but did not involve the consulting firm and the computer based application. The focus for this project was to educate the employees that were not involved with the first step which includes the sales employees that are situated all over the provinces of Canada. The results that we were looking for was a paper based package that included all the different legislation regarding the process for reporting accidents. We wanted to incorporate the strategy that we used in the first assignment but to provide this to the sale employees in a training based environment. What I worked on first was contacting all the compensation boards in Canada and aligning the procedures and forms needed to report an accident. Once I contacted all the Boards and received hard copies of the forms involved I created a table outlining the different websites, contact information, procedures and timeliness. This table was included into the package as well as the job aids that were created for Managers and Employees. A challenge that I endured was dealing with legislation from the province of Quebec. Quebec was opposite to every other province that I contacted. I then had to back track and develop a separate job aid and package for the employees situated in the province of Quebec. There was just no possible way to incorporate the procedures for all provinces in one package. Once all the research was gathered we did meet with a format designer to assist in incorporating all this information into the two different packages that could be distributed to all the employees in the quarterly meeting forthcoming. Once the packages were formatted and put together, the outcome exceeded my expectations. I don't think that I would have necessarily done anything different with this project; I think that you will come into some obstacles here and there and I think that you just have to work through them to receive a positive outcome in the end. Although from this opportunity I was able to work directly with people that from all different areas of profession. This being the first project of this field placement I was able to set the standard that I wanted. I worked independent as well as with a team, so I was able to show others exactly what I was capable of in terms of producing qualitative work. If I would have done anything different or produced anything different I believe that conducting more preliminary research would helped me more in producing this project in a more suitable manner. I don't believe that this project was done in a lengthy period but I feel that with some preparation time it would of cut the hours researching legislation down to the minimal.

The next and most exciting part of this placement was the training hat I got regarding the Accident Investigations. With this project I was working strictly with Cameron Gonsalvez the Health and Safety Specialist. He was just hired a little while ago and graduated from Ryerson University with Occupational Health and Safety background. This was an important factor to the success that I endured at Novopharm because Cameron was so fresh out of school and willing to train and relay all of his education and practices on me. This project was a project that sprung up and was not in the timeframe that was set out for me in my position there. It was an opportunity that I received because Cameron was so generous in training me. Because of this surprise there was no objective that I set out for myself. I only wanted to act and learn from the experience that I was receiving.

I was only joined in on this assignment because of the abundance of accidents that Novopharm was receiving at this time at one of our locations at Hood Rd, in Markham. Over the part weekend there were two accidents during the night shift and the report was in the Health and Safety department the next week. The decision that was made was for Cameron to mentor me. We then started with the basic of accident investigation. When there was an accident at any of the plants the first thing that we did was follow up and make sure that all necessary forms and people were contacted. I.e. The Occupational Health Nurse, the First Aid booklets and the Managers sign off. Once all the necessary forms and signatures were gathered we went to that specific job location and met with the employee that was involved in the accident. We asked for a complete run through of the accident, the equipment that they were in contact with and other people that were there when this occurred and a dramatization of the occurrence while I took pictures for the ZAZI bulletin. Once all the information was gathered we sent off the all necessary information to the Occupational Health Nurse. From there once the pictures were taken we then brainstormed the cause of the accident of there was none known at the time. I was taught that when there is an accident in the workplace you not only have to provide the investigative work, and help to create solutions but there is a lot of administrative work on top of it all. There are spreadsheets created to track all the accidents in the workplace from Lost time accidents, Medical attention accidents, almost misses etc. There is a separate spreadsheet for all of these and reports done every quarter to maintain the averages on all accidents put together. Saying this, once the accidents were tallied up and separated into their groups there was analysis done on them. I somewhat helped Cameron with the analysis but mostly was watching and learning from his experience. I tended to make copies of all the updated spreadsheets to take them with me and work on them on my own time, just so that I would be able to grasp the logic behind this technique on my own. I wanted to be able to answer any kinds of questions that anyone had on the accidents and where we stand for the quarter when it comes to the lost time averages. Once we were complete with the investigative work at the job location I then reported it back to Ann the Manager of Health and Safety. Not only did Cameron keep a tallied and spreadsheet of the accidents he had investigated but so did Ann. This was done for the reason of ensuring effective and efficient numbers and the end of the quarter.

The second phase of Accident investigations that I was able to be a part of was the ZAZI program (Zero Accidents, Zero investigations) which was a program to educate and communicate all accidents in the workplace to the employees. Every time that there was an accident in one of the plants a bulletin was drafted to be placed on the health and safety boards around the company. In the bulletin the components that are covered range from the identification of the accident; why it happened, with what equipment and in what department. The next component that is looked at is the pictures, so that the employees know exactly how it happened from the literature that was provided in the first component. (These pictures were courtesy from me…) The most important component that is looked at in the bulletin is the aspect of teaching the employees of safe work techniques and providing the company with alternate solutions to the accidents that have occurred. I found this part of the assignment to be the most difficult, because of the variety of accidents that may occur in the workplace there may be numerous solution to every problem. This bulletin looked at the most significant solution, less costly and more proactive then reactive. Novopharm wanted not a solution that may fix this for the time being but also one that may be exercised for a lengthy time in ensuring the protection of the workers. I believe that Ann recognized the importance of being able to identify solutions when it came to this kind of situation, and I also believe that she knew I had a difficult time in addressing this task. And because of this she offered to help me to better understand this process by offering me a training seminar called "The Taproot". This was an Incident investigation and Root Cause Analysis course. The main focus of this course was to demonstrate how useless blame is in correcting problems rather than fixing system root causes. The course explained in detail what investigations should look like, the sequence in which most accidents occur (events, incidents, events), and an in depth look at the 4 key steps in recognizing the root cause, while being able to provide effective recommendations and solutions to these occurrences.

The 4 key steps are outlined below

1. Investigating the actual accident- Why did it happen? Was it visibility, Maintenance, interview the employee, ask questions, and go to the actual place in which the event happened.

. Determining the sequence- from the accident to the event that occurred, after seeing the events of the investigation supply more information as to why it happened, this may be events that are outside the person's ability to avoid the accident. This step is also known as adding Conditions to the sequence.

. Define Casual factor-This includes arraigning the information from biggest to the details. This is also known as the cause and effect Hierarchy.

4. Find the Root cause- After defining the casual factors, this step asks you to analyze one casual factor at a time. Of course this is using the Root Cause Tree, which was provided showing the basic cause categories.

Because of this training I was better able to understand and effectively administer recommendations to any problems or accidents that were to occur in the future. With this training under me, I am better able to appreciate the ZAZI program and effectively identify the advantages associated with the organization. I believe that this is a good program to have in place although I was just learning it, it proved to be of benefit to the company, and it not only got the message across of the importance of safety in the workplace but also it got the exposure of the Health and Safety department within the Company. My success in this project is entirely associated with the extensive training that I received. I believe that without this training I would not have been as productive and confident in analyzing accidents and recommending solutions.

As for assessing my achievement with this project I was not prepared for the opportunity to learn this technique. I never had a perceived strategy or any outcomes with this. It was never really a project that I was working with on my own but rather a project that I was learning from others and soaking in the knowledge. I believe the success for me was basically being able to take away from this project the new experience that I have learned and apply it to something that may come to me in the future.

The next project or assignment was also very last minute and very valuable to me in the future. I was involved in providing WHMIS training to the employees on more then one occasion. It was weird that one day I was receiving the training and the next few weeks I was providing the training. Although I was not involved in the initial preparation of the PowerPoint presentation, I was able to present for a period of time on the topic of MSDS'S to get the hang of training employees with this material. I did however prepare a few quizzes to go along with my presentation so that I also looked a little creditable. The quizzes that I was able to prepare were on MSDS'S content and questions to go along with this. I went to the laboratories to gather main chemicals used and stole the MSDS'S; no actually I did photocopy them. I prepared a combination of exercises pertaining to most commonly used and most commonly known chemicals.

I prepared questions that the typical employee were suppose to know if being asked questions on MSDS'S in the workplace, for example what is the point to which this material would combust? Or, where would you find the first-aid measures if a co-worker were to come in contact with this material? The strategy I used was from the experience I had in the classroom, some people are able to retain information that is being taught to them but there are others that need to have this content presented to them with a hands on activity. I figured that if I was to talk about MSDS'S and explain to them what they are supposed to know from this, the only way that they would be able to exercise this material is if they were to practice it themselves.

Although in a classroom setting we were to prepare presentations for when we were to actually present in front of people in a company, nothing would ever prepare you for the feeling that you got when getting up there teaching these employees something that you have only learned a few days ago. It was the most nerve wrecking situation but in the end it did however make me more comfortable doing it again. My success in this assignment would be associated to the material and the experience that I learned in college. I was able to put myself in the position that these students were in and do a walkthrough of what I would of expected in this training, I brainstormed ideas that would allow me to seem creditable to them even though I was not, knowing that you are learning from someone with experience and knowledge helps to retain the information more easily and effectively. That is how I came to the idea of preparing exercises for them. I do believe that my part in the WHMIS training was successful, although I would have liked this under more structured circumstances. I believe that if I was given more time to prep and prepare I would have been able to sustain more of a stance in presenting the information involved in WHMIS training. Even though I was not completely prepared when it came to the time I believe that I completed as best as I could.

The most educational project that I had the pleasure of working on was the Noise assessment. Not only was this the most valuable experience that I was able to get but also the most time consuming. I did work in a team with Larry Tran the Environmental Engineer in assessing the noise that was being produced from the machines in the production lines, packaging lines and Q.A Laboratories. This project came up halfway into my position at Novopharm Ltd. Ann the Health and Safety manager was unsure of when the last legitimate noise assessment was done in these lines of production and was concerned for the employees that worked in these positions. We did finally conclude that the last noise assessment was done a couple of years ago and that it was not done effectively aligning with the Canadian Standards Associations. Through these findings we did agree to reassess the Noise occurring at Novopharm and I had the pleasure of working with this project.

The objective that we were working towards was dropping the Canadian standard decibel level from 0 dB to 85dB, why we wanted to do this was because of its stringency. All thorough the United States and in various provinces of Canada the decibel level is measured at 85dB. We in the Health and Safety department felt that with employees consistently working with this production equipment that this would be a very smart and effective move for the organization, we felt that this would ensure the safety of the employees and any long time injuries that may occur if they are exposed to this noise level for a long period of time.

I started this assignment with a lot of preparation; I was also responsible for looking in the market for the equipment that would best suit this assessment and the least costly for the company. I spent many weeks contacting equipment specialist in Canada and the United States enquiring on quotes and performances of the equipment. I read through many manuals and spent many hours in meetings with Anna and Larry preparing this assignment. Although I was ordering equipment I was also researching the legislation and standard for performing Noise assessments in Industrial environments in the country of Canada. I was able to learn a lot of my information from the Canadian Standards Association; Procedures for the Measurement of Occupational Noise Exposure, Z107.56-4 which was reaffirmed in 1. I thoroughly read through this manual educating myself on the terms and definitions applied with assessing noise. I became familiar with Acoustical environments, Noise Dosimeters, Measurement Duration and Number of measurement repetitions. I became very fluent in the symbols used to understand and measure the level of noise, as well as the symbols that were going to be present on the equipment. The equipment that we then prepared to use was the Integrating and Logging Sound Level meter 00; this was transported from the United States and was measuring the exchange rate at dB when in Canada measure at an exchange rate of 5 dB, by exchange rate I mean, when an employee is exposed to a dB reading of 0dB for 8 hours the amount of time that employee is to be exposed is dropped in an exchange rate of hours exposed, so at 85 dB the employee is exposed to 7 hours of noise. This situation caused a challenge in the date that we were supposed to start this testing, because all calculations would be altered by this exchange rate. We then took this issue to Ann and went through all the information extensively, we then concluded that if we are trying to bring to the board a decibel reading of only 85 in relation to the United States we then should keep the exchange rate the same, so that all the data gathered is stringent as we expect.

When starting this process we did have to contact all the supervisions that this had affected, because it states in the Health and Safety Act whenever we are to do a testing in the workplace all supervisors and managers are not only to be contacted but also allowed to be present at all testing that are going on in their managed area. We then did get clearance from all managers and supervisors in the production and packaging areas to proceed.

Our testing started at our Stouville plant in the packaging area. Our main focus was to position ourselves in an area where the employee would be exposed to the most noise. Our assessment would in be increment of 5 minutes intervals with measuring at least in the same area 4-5 times, or if there were consistency patterns we could only measure in intervals of -4. Once we entered into a packaging room the first task was to draft a blueprint of the layout of the machine and where each employee was situated in that room, we did document the machine ID and make number as well as the product that we were producing at that time. This was of importance because the different product that was producing the noise may not as well be the same product that was not producing the noise. We needed to know the extent at which the machine was producing the noise more then the product. Although we did document the different products and did take into account their noise. Once the blueprint was drawn and all the information was written down we then proceeded to position ourselves where the employee was exposed to the most noise to take our sample. We not only took samples from just the one employee but all employees situated in the room at that time. This process was very lengthy and repetitive because all the intervals used for all the employees in the same rooms. Although our findings were what we did except in the beginning we were actually surprised from some of the data that we did collect. Some of the rooms that were posted with mandatory hearing protection did not even reach the 85dB reading that we going for in the first place.

Although this was a very long and educational process I believe that my success what shown in the time that I took to prepare the information and the time that I took to understand the noise instruments and the symbols and definitions needed to understand how it worked. I was very pleased to have the opportunity to be a part of this assignment and gain the knowledge and experience that I am able to take with me in the future. I don't think if I had the chance to change any of my strategies I would, I believe that I prepared myself enough and gained from this experience exactly what I was expecting.

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Ethnic paper

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Email Worries

First of all, a while ago, it was stated that an employer should monitor an employees email only if there was a good reason to do so. But then again, what does the presenter see as a good reason to monitor an employees email? When employers monitor an employees email to gain personal information, what action, if any, should be taken? Should there be a standard punishment for employers who monitor an employees email without a good reason? If so, what should the punishment be?

A good reason to an employer should monitor employees email would be if there were found to be some sort of information leak of private company information. Such as if the company discovered that a competitor had found out information and was using it to beat the original company. Another reason to monitor email would be if the managers noticed that an employee was on their computer a lot but was not getting much work done, and the employer wanted to see if the employee was emailing excessively instead of working, to monitor their efficiency. Employers should definitely not monitor email to gain personal information, but the punishment should depend on the position within the company. If the monitor is a manager they should be pre-warned of consequences of this misuse, and if they still abuse the monitoring they should be fired. If the company does not take action against this person, or it is the employer that is monitoring personal emails and misusing the information, the employee should take legal action against the company. The legal system should punish the company for this; probably the best way would be financially, to the whole company, or the person reading the emails.

Overall, word to the wise treat your email system at work, as you should your business phone. Strictly limit your communications with family and friends. And do not send a message if you would be uncomfortable having a co-worker or your employer read it.

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Architecture vs drafting

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"Architecture is not produced simply by adding plans and sections to elevations. It something else and a lot more. It is impossible to explain precisely what it is. Its limits are by no means well defined. On the whole art-should not be explained, it must be experienced"

Architecture provides a framework for people's lives. Houses they live in, buildings they work in. Naturally people will feel to a building. Some will comment on how comfortable it feels, how space full and graceful it feels, how small, cozy and warm it feels. Immediately human emotions are directly in use to experience the functional sculpture it is. All senses come into play where solids and cavities evoke certain emotions, scale and proportion, rhythm, light, colour and most recently hearing. "Architecture is frozen music-so music must be melted architecture".

"Durability, use, and sex appeal" , this phrase has been referred to for many centuries as the basis of all 'good' architecture. In today's world, and more precisely Sydney Australia, the architect has been under constant scrutiny for being a money hungry-lazy builder/engineer. In comparison to the older days where the finest of artists where employed as the architects.

Their roles were powerful in shaping their society and time through their artistic expressions. They left a true and accurate description of their time, and it was from the architectural ruins that history composed it self into the mighty empires of the Egyptians, Greeks, Romans and the more recent Gothic period. Buy architecture vs drafting term paper

Architecture has been sometimes referred to as an art, thus the architect tends to be called an artist as a result, a sculptor in a sense. His building becomes a type of sculpture, which people can use, associate with, and have feelings towards. It becomes a "functional art" .

This then leaves the architect with a phenomenal and awesome responsibility. Ironically the architect himself sometimes does not realize this, and consequently so will the public who continue to view it with the arrogance and the neglect of our time, the twentieth century.

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Admininstrative State

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Introduction

Canada is a country that, historically, was built on people moving from other country to seek a new life. Refugees have played an integral role in making Canada what it is today. In 001, the total number of refugees in Canada was 7,84. As a signatory to the United Nations' Convention to Refugees, Canada is obligated to protect people who are in fear of their lives. The protection of refugees in also incorporated into the Immigration and Refugee Protection Act which in 00 replaced the Immigration Act.

The purpose of this essay is to evaluate the effectiveness of the administrative system in Canada with respect to the protection of refugees under the Immigration and Refugee Protection Act. It is divided into three main sections. The first section describes Canada as an administrative state. The second section lays out both the IRPA with respect to refugees and the role of the Immigration and Refugee Board. The third section is a critique of the IRPA and the IRB with respect to their treatment of refugees.

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Administrative law plays a role in everyone's life from the time of birth, and is interwoven throughout most daily activities. David J. Mullan, in Administrative Law, has described it as the "field of law that has as its concern the statutes (other than the Constitution), principles and rules that govern the operations of the government and its various emanations." Administrative law concerns the implementation and regulation of public programs which are administered under a statute. The government, either federal or provincial depending on the jurisdiction of the issue, can create an agency under a statute to deal specifically with the problem and separately from the court system. The purpose of administrative law is to oversee the fairness of the administrative procedure, the adequacy of the factual basis and the legal authority for administrative action including its constitutionality, the rational exercise of discretion, and the availability of legal remedies to challenge the abuse of power by public bodies and officials. The scope of administrative regulatory power is vast, encompassing economic activities, professions and trade, human rights, public services and social control, including the regulation of immigration and refugee admittance. The agencies which oversee the regulation of the particular public policy get their power and mandate from the statute under which they are created and are confined not only by the jurisdiction of the statue and applicable regulations and guidelines, but also by the Canadian Charter of Rights and Freedoms and the common law rules of procedural fairness which ensure the at both parties to a hearing be heard and that the proceedings are free from bias.

Although the courts are capable of handling disputes concerning public policy, administrative agencies are more advantageous for several reasons. First, it is often more appropriate for administrative agencies to make public policy decisions as they are much more governmental than judicial. Second, agencies have the necessary expertise and experience outside of law which judges may lack. This expertise and experience can make agencies more able to handle the needs of the disadvantaged party. Third, procedures by agencies are cheaper and waste fewer public resources than courts. This is particularly important as the disputes tend to involve small sums of money. Fourth, agencies are less formal and allow for decisions to be made more quickly and efficiently. Canadian courts are already backlogged with cases, and the numerous complaints against the government are better handled by an independent agency comprised of experts who play a more active role in the process. This isn't to say that the courts play no role in administrative law. If a decision by an agency is flawed on the basis of an error of law, fact or both, the party negatively affected by this error may have the opportunity, if the statute allows, to appeal the decision to a court, who, may uphold a the agency's decision, or overturn the decision and, depending on the statute, either send it back for a re-hearing or implement its own decision.

The Immigration and Refugee Protection Act

The statute that handles refugee protection is the Immigration and Refugee Protection Act, which, along with its regulations, came into effect on June 8, 00. The IRPA replaced the Immigration Act, which was passed in 176, and had "been amended more than 0 times".

As the name suggests, the Act handles issues regarding immigration to Canada and the granting of refugee protection. The IRPA lays out eight objectives regarding refugees

1. to recognize that the refugee program is in the first instance about saving lives and offering protection to the displaced and persecuted;

. to fulfil Canadas international legal obligations with respect to refugees and affirm Canadas commitment to international efforts to provide assistance to those in need of resettlement;

. to grant, as a fundamental expression of Canadas humanitarian ideals, fair consideration to those who come to Canada claiming persecution;

4. to offer safe haven to persons with a well-founded fear of persecution based on race, religion, nationality, political opinion or membership in a particular social group, as well as those at risk of torture or cruel and unusual treatment or punishment;

5. to establish fair and efficient procedures that will maintain the integrity of the Canadian refugee protection system, while upholding Canadas respect for the human rights and fundamental freedoms of all human beings;

6. to support the self-sufficiency and the social and economic well-being of refugees by facilitating reunification with their family members in Canada;

7. to protect the health and safety of Canadians and to maintain the security of Canadian society; and

8. to promote international justice and security by denying access to Canadian territory to persons, including refugee claimants, who are security risks or serious criminals.

Pursuant to section () of the IRPA, the Act must be construed and applied in a manner consistent with Canadian Charter of Rights and Freedoms and with any international human rights instruments which Canada has signed, and, in addition, must further the domestic and international interests of Canada. Under this the IRPA, the Governor in Council has the power to create regulations and designate the Minister who is responsible for the administration of the Act, including Part II which deals specifically with refugee protection. For the purposes of the IRPA, the Minister has the power, if permitted by the Governor in Council, to enter into an agreement with the government of a Canadian province, a foreign state, or an international organization.

Refugee Protection

Refugee protection can be conferred on Convention refugees or on persons found to be in need of protection. A Convention refugee is a person who fulfills the criteria of the United Nations' Convention relating to the Status of Refugees, which came into force on April , 154. This is a person who is in fear of persecution in his or her country of nationality or former residence due to race, religion, nationality, membership in a particular social group or political opinion. A person in need of protection is a person who if sent back to his or her country of nationality or former residence would be personally subjected to danger of torture or subjected to a risk to life, or to cruel and unusual punishment if the person won't receive protection from that country, the person would face punishment in all parts of that country, the risk is not a lawful sanction, or the risk is not due to inadequate health or medical care.

There are three ways to confer refugee protection on a person

1. under a visa application determining the person to be a Convention;

. determination by the Immigration and Refugee Board of Convention refugee status or person in need of protection status; or

. allowance by the Minister for an application for protection.

A person described under section E or F of the Article 1 of the Convention relating to the Status of Refugees is not eligible for refugee protection. This includes people who are regarded as having the rights and obligations that a national of the country in which they are residing has, and people who have committed crimes against peace or humanity, serious non-political crimes outside the country of refuge before being admitted as a refugee, and who have been guilty of acts contrary to United Nations' purposes and principles.

It is up to the person claiming refugee status to prove that he or she is eligible for refugee protection by truthfully answering all questions asked of him or her. The person must then produce all necessary documents and information required by the Board if the claim is referred. However, there are many reasons preventing a claim from being referred

a) if refugee protection has been conferred on the person, then the claim is ineligible;

b) if the Board has already rejected the claim, a further claim is ineligible;

c) if a country other than Canada has recognized the person as a Convention refugee and the person can go to that country, then the claim is ineligible;

d) if the person came from a country complying with the Refugee Convention and the Convention Against Torture, then the claim is ineligible;

e) if the person has been determined to be a threat to security, then the claim is inadmissible.

Inadmissibility

A person is classified as inadmissible for various reasons as set out in section 4 through 7 of the IRPA, including security reasons, human or international rights violations, serious criminality, criminality, organized criminality, health grounds and financial reasons. When determining whether the first five of these factors are applicable, an officer considers whether there are reasonable grounds to believe not only that they have occurred or are occurring, but also that they may occur. However, if the person can convince the Minister that his or her presence in Canada would not be detrimental to the national interest, then he or she will possibly be declared admissible. Once a person is found inadmissible, he or she cannot appeal the decision if the inadmissibility is based on security, violating human or international rights, serious criminality or organized criminality. Here, serious criminality is with respect to a crime punishable in Canada by a term of imprisonment of at least two years. As the Refugee Appeal Division has not yet come into force, appeals are handled by the Immigration Appeal Division. This division can allow an appeal if the decision was wrong in law, fact or both, if a principle of natural justice has not been observed, or if sufficient humanitarian and compassionate considerations warrant special relief in light of all the circumstances. The Immigration Appeal Division is then responsible for setting aside the original decision and substituting a decision in its place.

The Immigration and Refugee Board

Part IV of the IRPA creates the Immigration and Refugee Board ("IRB"). The IRB is Canadas largest independent administrative tribunal, whose purpose is to make reasoned decisions on immigration and refugee matters in an efficient and fair way and in accordance to the law. . The IRB is split into four divisions, the Refugee Protection Division ("RPD"), the Immigration Division ("ID"), the Refugee Appeal Division ("RAD"), and the Immigration Appeal Division ("IAD"). The RPD decides claims for refugee protection made by persons in Canada. Refugee protection claims made outside Canada are decided by Citizenship and Immigration Canada ("CIC"). The ID is responsible for conducting immigration admissibility hearings for certain categories of people believed to be inadmissible to, or removable from, Canada under the law and conducts detention reviews for those being detained under the IRPA. The IAD hears appeals of sponsorship applications refused by officials of Citizenship and Immigration Canada ("CIC"); appeals from certain removal orders made against permanent residents, refugees and other protected persons, and holders of permanent resident visas; and appeals by permanent residents who have been found outside of Canada not to have fulfilled their residency obligation; and appeals by CIC from decisions of the Immigration Division at admissibility hearings. The RAD has not yet come into force, however, its purpose is to decide appeals from decisions made by the Refugee Protection Division.

The Divisions follow a quasi-tribunal process designed to ensure fair, efficient, and consistent decisions in accordance with Canadian law and Canadas international obligations and humanitarian traditions. Some characteristics of the tribunal are

1. Individuals have the right to be heard and to present their cases fully.

. All testimony is given under oath or by affirmation

. Most cases are heard by one member, although occasionally in the Refugee Protection Division and Immigration Appeal Division, panels of three members will hear cases

4. Hearings concerning refugee claimants are generally held in private, while other hearings are usually open to the public. However, a member of the public may apply to attend a refugee hearing, and upon request, other hearings may be held in private. The guiding principle in all cases is whether there is a serious possibility that the life, liberty or security of a person would be endangered by holding the hearing in public

5. The setting and procedures for hearings are relatively informal and therefore, evidence presented and accepted is not restricted by technical or legal rules of evidence

6. Each division has rules of practice that set out more detailed requirements for procedures, time limits, disclosure of evidence, provision of documents, and other responsibilities of parties and counsel

7. All IRB decisions are based on the evidence provided during the proceedings

8. Members must provide reasons for all final decisions

. Both CIC and individuals appearing before the IRB have the right to apply to the Federal Court of Canada for judicial review of decisions rendered by one of the divisions of the IRB. They must first obtain leave (permission) of the Court.

The Chair person and members of these divisions are appointed by the Governor in Council for seven years subject to reappointment. At least 10% of the members must be members of at least five years standing at the bar of a province or notaries of at least five years standing at the Chambre des notaires du Quebec. They are not allowed to have any criminal or civil proceedings against them or allowed to appear as a witness in any civil proceedings. Each division has sole and exclusive jurisdiction to hear and determine all questions of law and fact, including questions of jurisdiction, and must handle all proceedings as informally and quickly as possible, while still abiding by the rules of natural justice. Matters are generally conducted before a single member, unless the Chairperson decides that a three-member panel is necessary.

Proceeding must be held in public unless the Division decides that it should be held in private due to a threat to life, liberty or security, a risk to fairness of the proceeding or a risk that matters involving public security will be disclosed.

Refugee Protection Division

As previously mentioned, the RPD decides claims for refugee protection made within Canada. In addition, it also makes decisions on applications filed by CIC regarding loss of refugee protection status. Canada's obligations toward the protection of refugees stems from several United Nations Conventions including the 151 Convention Relating to the Status of Refugees, the 166 International Covenant on Civil and Political Rights, and the 184 Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment.

Section 170 of the IRPA sets out the responsibilities of the Refugee Protection Division in the event of a proceeding. This Division

a) may inquire into any matter that it considers relevant to establishing whether a claim is well-founded;

b) must hold a hearing;

c) must notify the person who is the subject of the proceeding and the Minister of the hearing;

d) must provide the Minister, on request, with the documents and information which the claimant has submitted to prove that he or she is eligible to be referred to the Refugee Protection Division;

e) must give the person and the Minister a reasonable opportunity to present evidence, question witnesses and make representations;

f) may, despite paragraph (b), allow a claim for refugee protection without a hearing, if the Minister has not notified the Division, within the period set out in the rules of the Board, of the Ministers intention to intervene;

g) is not bound by any legal or technical rules of evidence;

h) may receive and base a decision on evidence that is adduced in the proceedings and considered credible or trustworthy in the circumstances; and

i) may take notice of any facts that may be judicially noticed, any other generally recognized facts and any information or opinion that is within its specialized knowledge.

When a person has completed a Personal Information Form, the claim can go either through an expedited process or a full hearing process. If the claim appears to be well founded, then it can go through the expedited process, whereby a refugee protection officer interviews the claimant and makes a recommendation regarding the claim. The claim is passed on to a member who decides whether it should b e accepted without a hearing, if the recommendation is favourable. If claimant is not granted refugee protection, a full hearing is held. A full hearing is typically non-adversarial, except when a CIC representative argues against the claim, and follows a general tribunal process. If the claim is accepted by the IRB, the claimant can apply to become a permanent resident; if the claim is not accepted, the claimant still has the opportunity to ask the Federal Court of Canada for leave to apply for judicial review. If leave to appeal is granted, the claim goes back to the RPD for a re-hearing.

Unsuccessful claimants may have other avenues of recourse at CIC including a pre-removal risk assessment.

Case Law

In Chiarelli v. __________, Sopinka J. discussed the constitutionality of the statutory scheme under which a permanent resident could be deported from Canada if he or she is found to have been convicted of an offence which may impose an imprisonment of five years or more. Chiarelli claimed that this provision attacked sections 7 and 1 of the Charter. Chiarelli received landed immigrant status in 175. In 184, he plead guilty to possessing narcotics for the purpose of trafficking, which carries a life imprisonment sentence and was sentenced to 6 months in jail. A deportation order was made against him pursuant to section () of the Immigration Act. This section provides that the adjudicator must make a deportation order against a person who has been convicted of an offence where an imprisonment term of five years or more has been imposed, unless the person is a Convention refugee. (what about persons in need of protection) An appeal hearing was adjourned after it was decided that there were reasonable grounds to believe that Chiarelli would engage in activity that was part of a pattern of organized crime. Sopinka J. found that this section was not a breach of fundamental justice. He stated that in order to determine the scope of fundamental principles as they applied to the case, the Court needed to look at the principles and policies underlying immigration law, the fundamental principle being that non-citizens do not have an unqualified right to enter and leave the country. The Charter itself draws a distinction between citizens and non-citizens. Under section 6(1) a Canadian citizen has the right to enter, remain in, or leave Canada, while section 6(), only gives permanent residents the right to move to, live in and gain a livelihood in any province. Sopinka J. suggested that the condition that non-citizens be deported when convicted of a crime is a legitimate response to a potential threat to public interest. He stated

…there is one element common to all persons who fall within the class of permanent residents described in s.7(1)(d)(ii). They have all deliberately violated an essential condition under which they were permitted to remain in Canada. In such a situation, there is not breach of fundamental justice in giving practical effect to the termination of their right to remain in Canada.

In Suresh v. _________, the claimant, classified as a Convention Refugee, appealed a decision that he be deported. Suresh was recognized as a Convention Refugee in 11 and applied for landed immigrant status. His application was denied based on security grounds and deportation proceedings commenced.

"The Minister [Elinor Caplan, Minister of Citizenship and Immigration] promised supporting regulations over the coming months, which will include a strengthened overseas refugee resettlement program, an expanded family class, new selection criteria to attract more highly skilled and adaptable independent immigrants, and the creation of an 'in-Canada' landing class for temporary workers, foreign students and spouses already established in Canada and wishing to stay."

The legislation intends to make the system work better for refugees by

1. Strengthening Refugee Protection Overseas Resettlement

What we are doing

• Amending the criteria for "ability to establish in Canada" to include social as well as economic factors.

• Pursuing agreements with NGOs to locate, identify, refer and pre-screen refugee applications in areas where refugees are most in need of protection

• Ensuring that people in urgent need of protection are brought to Canada within days

Why are we doing it

• To ensure that the need for protections is the overriding objective in resettlement from abroad

• To focus existing resources on areas where refugees are most in need of protection

. Facilitating Family Reunification of Refugees

. Faster and Fair Refugee Processing Inland

4. Front-end Security security check initiated when a person makes a refugee claim in order to catch criminals and people who present security risks at the start of the process and speed genuine refugees through the system

5. Admissibility Hearing

6. Pre-removal Risk Assessment

The legislation also intends to strengthen enforcement regarding refugees through

Penalties creating a new offence for people who misrepresent themselves

Exclusion from the Refugee Determination System barring access to serious criminals and people who present security risks in order to prevent abuse of the refugee protection system

Eliminating Appeals for serious criminals and people who present security risks in order to ensure that they can be removed without delay. Recourse of judicial review is still available with leave to by the Federal Court

Suspension of a Refugee Claim if he or she has been charged with a crime in order to prevent abuse of the system by people who come to Canada not because they need protection but because they intend to engage in crime(News Release 001)

Both the Act and the Regulations came into effect on June 8, 00. http//www.cic.gc.ca/english/irpa/news.html

Convention for Refugees (UN)A. For the purposes of the present Convention, the term refugee,, shall apply to any person who

(1) Has been considered a refugee under the Arrangements of 1 May 16 and 0 June 18 or under the Conventions of 8 October 1 and 10 February 18, the Protocol of 14 September 1 or the Constitution of the International Refugee Organization;

Decisions of non-eligibility taken by the International Refugee Organization during the period of its activities shall not prevent the status of refugee being accorded to persons who fulfil the conditions of paragraph of this section;

() As a result of events occurring before I January 151 and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.

In the case of a person who has more than one nationality, the term the country of his nationality shall mean each of the countries of which he is a national, and a person shall not be deemed to be lacking the protection of the country of his nationality if, without any valid reason based on well-founded fear, he has not availed himself of the protection of one of the countries of which he is a national.

Who qualifies as a refugee?

According to the Article 1 (A) of United Nation's Convention relating to the Status of Refugees, which came into force on April , 154, a refugee is a person who, "owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it."

Sections E and F of Article 1 of this Convention state that the Convention does not apply to persons for whom there are serious reasons for believing that they have committed a crime against peace or humanity, a war crime, a serious not-political crime outside the country of refuge, or has been guilty of acts contrary to the purpose and principles of the United Nations

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