Saturday, December 28, 2019

The Diversity Within The Workplace - 1540 Words

It is a known fact that in order for companies to flourish, excellent leadership practices and employees go hand-in-hand. What most companies have failed to acknowledge is how diversity within the workplace, especially in management and executive leadership, does not have a very strong presence. Numerous executives have embraced the fact that their hiring practices are inconsistent with their new motto (we do not discriminate†¦), but fail to realize that it is more of an internal issue than it is external. The government has tried to regulate some of the practices of hiring and firing applicants. The Americans with Disabilities Act includes protection from discrimination based on a disability as well as requirements for employers and those†¦show more content†¦Louis Gerstner, former CEO of IBM, took the initiative to change the hiring/promotion strategy to encourage diversity in the company. By implementing a diversity task force in addition to personal development, div ersity in the company did not stop when he stepped down. Louis Gerstner, born March 1, 1942, began his career with McKinsey Company as a consultant from 1965 through 1978. He then received a job working for American Express Company as an Executive Vice President and Head of Charge Card Business between the years of 1978 and1981. From 1981–1983, he served as Vice Chairman of the board and from 1982–1985 as President While at American Express. He then joined Travel Related Services between the years of 1985–1989, where he was a Chairman and his first Chief Executive Officer position. He continued on his Chairman and CEO position at Nabisco between 1989 and1993, then later obtained a position at International Business Machines (IBM) Corporation from1993–2002, and is currently at The Carlyle Group where he has served as Chairman since 2003 (referenceforbusiness.com). Louis Gerstner noticed that only a few of the company’s executives had acknowledged that diversity in the company was an area where strategic focus was needed. However, once Gerstner viewed his senior executive team, he noticed that it did not match the diversity of talent that IBM

Friday, December 20, 2019

French Revolution- Reign of Terror - 1140 Words

AIMS AND ACHIEVEMENTS OF THE MAIN REVOLUNTIONARY GROUPS DURING THE REIGN OF TERROR 1793-1794. The period of the Reign of Terror, September 1793- July 1794, resulted in significant political and social changes in France. The National Convention and Committee of Public Safety declared the law of suspects, ‘terror’ measures as acceptable and a necessary means for the government. The purpose was to eradicate France of enemies of the revolution and to protect the country from foreign invaders. Over the course of nine months, seventeen thousand people were guillotined. This set the course for change and continuity with the struggle for control between the interactions of groups in France. The results that the Reign of Terror had on Europe†¦show more content†¦During the months of terror society came to reflect more narrowly the ideology of those in power, that a man’s status being dependant on his political loyalty and his civic worth with the payment of taxes, service with the National guard, or his political involvement. During the reign of terror, the Jacobins were also setting pathways for a better future for France. Robespierre influenced the Jacobins of what his beliefs were and that any decisions would be reasonable for France during the reign of terror. The ideology of this group was for fairer rights of the poorer people. Although there was much blood shed, outcomes from the reign of terror helped influence a belief that the nation was not a group of royal subjects, but a society of equal citizens. During the reign of terror there were a number of policies that were created. This included the Jacobin’s education policy, which envisaged a system of free, compulsory education for all children between the ages of six to thirteen. The curriculum emphasized patriotism and republic virtues, linguistic uniformity, and the simplification of formal French and also physical activity, all of which is used in modern day France. BIBLIOGRAPHY Forrest, A. 1995, The French Revolution, Blackwell Publishing, UnitedShow MoreRelatedThe French Revolution And The Reign Of Terror2165 Words   |  9 Pagespolitician and intellectual. So people adapting to the idea lead up to the French revolution. During the Enlightenment they was a reinforcement on the political conflict between the monarchy and the nobility. The nobility are the people who belonged to the noble family, and the monarchy are people in the throne (King and Queen). Therefore the conflict between the head of the monarch and the nobility was about taxation. The French government was in a deep debt after fighting a war with the American, theirRead MoreThe French Revolution : The Reign Of Terror And The Thermidorian Reaction1744 Words   |  7 Pagesâ€Å"The French Revolution: The Reign of Terror and the Thermidorian Reaction: 1792–1795† The French Revolution is an event that impacted Europe forever. There was a great amount of debt that the French treasury owed in the 1700s, so King Louis XVI established the Estates-General in 1789, in order to find a tax solution. The Estates-General was an assembly of three estates that consisted of: The clergy, the nobility, and the general French public. The general French public was the largest comparedRead MoreThe Reign of Terror: Was it Justified?651 Words   |  3 Pagesextended to them, the Terror grows becoming more and more gruesome. The French revolution began in late 1789 to obtain the rights that every citizen in born with. The motto of the French was liberty, equality, or death and the price to be paid for the civil liberties was blood. The revolutionary leader Robespierre and journalist Marat explained the more blood the better so that was what raged the people and started the Reign of Terror. Were the values expressed by the French Revolution necessary thoughRead MoreTerror Dominates Our Perceptions Of The French Revolution1132 Words   |  5 PagesTerror dominates our perceptions of the french Revolution. Terror was a brief but deadly period where Robespierre, the Committee of Public Safety and the Revolutionary Tribunals, condemned thousands of people to die on the guillotine. The Reign of Terror was not driven by one man, one body,or one policy; It was shape by different forces and factors. The Reign of Terror was certainly the most violent period of the French Revolution. Between the years of 1793 and 1794 more than 50,000 people wereRead MoreEssay on Use of Terror in the French Revolution 1108 Words   |  5 Pagesgoal of completely reconstructing France, Robespierre unleashed a campaign of terror. Terror was used to enforce his revolutionary ideas, but the radicalization eventually lead to the downfall of Maximilian Robespierre and the Committee of Public Safety. Maximillian Robespierre and the Committee of Public Safety used excessive terror to enforce new revolutionary changes during the French Revolution. After the old French government was overthrown, Maximillian Robespierre took control of France inRead MoreRobespierre and the Reign of Terror1544 Words   |  7 Pagesevent of the Reign of Terror.[Footnote] Throughout the French revolution, specifically the eleven month, 1793-1794 Reign of Terror, revolutionary leaders, such as Maximilien Robespierre believed in enforcing fear to resolve the instability of France. â€Å"Terror is nothing else than swift, severe, indomitable justice; it flows, then, from virtue†-Maximilien Robespierre.[Footnote] This period in history signified great atrocities of massacres, and a time where fear was evoked within every French civilianRead MoreThe French Revolution Of France1365 Words   |  6 PagesModern historians frequently write that the French Revolution was designed to destroy the Old Reg ime of France. Though the French Revolution did destroy this regime, its leaders’ ultimate goal was to obliterate the Catholic Church in France and the faithful within it. Before the beginning of the revolution, France had the most widespread culture in the entire world. From its fine arts, stylishness, clothing, and language, everything that was popular in France was also prevalent all over the worldRead MoreThe War Of The French Revolution899 Words   |  4 Pageswho is right-only who is left.† A bloodshed event in modern European History, the French Revolution began in 1789 and ended in the late 1790s with the ascent of Napoleon Bonaparte. During this period, French citizens razed and redesigned their country’s political landscape, uprooting centuries-old institutions such as absolute monarchy and the feudal system. Like the American Revolution before it, the French Revolution was influenced by enlightenment ideas, particularly the concepts of popular sovereigntyRead MoreCauses Of The French Revolution896 Words   |  4 Pagesyears, the French Revolution went from women marching to Versailles and demanding bread, to the institution of the Reign of Terror, which killed close to 250,000 people. The late 18th century was a dramatic time of French, political transformation which originally strived to implement equality throughout the nation. The Declaration of the Rights of Man and of the Citizen reflected the ideas of the Enlightenment and presented the idea of equality and liberty. In theory, the French Revolution of 1789Read MoreRevolution: the Cost of Frances Liberty863 Words   |  4 Pagesthe French Revolution of 1789. This period is often characterized as needlessly violent, as gruesome events such as the Reign of Terror took place, in addition to many executions and riots. Despite the excessive bloodshed that dominated the era, the French Revolution’s violence was not in vain, for the legacy of the revolution has ign ited scores of independence movements in its wake and inspired new ideologies that continue to shape the modern world. To resolve the chaos that the revolution provoked

Thursday, December 12, 2019

Negligence Misrepresentation Physical Injury-Myassignmenthelp.Com

Question: Discuss About The Negligence Misrepresentation Physical Injury? Answer: Introducation The non-performance of ethical duty for keeping proper attention or care while performing or dealing with certain tasks is known as Negligence. As per Civil Liability Act 2002 (NSW), a lawsuit can be filed with any monetary or physical injury, caused by another person or businesss negligence. There are few steps to prove negligence in the court. According to section 5B of Civil Liability Act 2002 (NSW), the first step includes duty of care; negligence arises only when someone has a duty of caution or care for performing certain actions. Section 5D provided that injuries caused to plaintiff could be avoided if such duty were performed with caution. As per section 5F, the threat must be obvious from a reasonable persons view and no actions were taken by the defendant to avoid such threat (Barker, Cane, Lunney and Trindade 2012). In Stokes v House With No Steps [2016] QSC 79 case, the employer failed to perform his duty to keep his employees safe. The negligence of employer causes an in jury to the employee and the court awarded $775,048 as damages (Bismark 2012). Providing or representing any wrong fact as real to lure someone into entering a legal contract, which eventually caused loss to such party, is known as misrepresentation. As per Marston and Walsh (2008), the first stage of misrepresentation includes presenting a false fact as correct to another party. The defendant must intentionally present a false fact to another party. The intention of the defendant is to motivating another party to enter into a legal contract by relying upon such false fact. The party suffered a monetary loss due to such illegal contract based upon false fact. According to Bryant (2016), it is a necessity for businesses to maintain proper caution at the workplace to avoid any legal suit for negligence. It is the legal duty of businessman to take proactive measures to avoid any injury to customers, employee or officer, who visits his workplace. For example, a storekeeper left some sharp object on the ground of his shop, which causes injury to customers, then the shopkeeper can be liable for negligence. Another example, if a mechanic did not tell his customer regarding the failure of brakes in a vehicle, then he can be liable for injury caused to the customers, due to his negligence. The example of misrepresentation by a business include, if a salesman sells a defective vehicle to customers by hiding the fault of the vehicle, it will be constituted as a misrepresentation of fact. False advertisement by an organisation also comes under the definition of misrepresentation. If a company show an advertisement of a shampoo than can regenerate hair in weeks, that will be considered as misrepresentation. In case any person believe on such fake advertisement and buys the product, and such product causes injury to such person, then the customers have right to file a lawsuit against the company. When a person gives advice to another person, the person has certain duty to maintain caution while giving such advice. As per Chan and Kim (2005), a reasonable care should be maintained by the advisor while giving an oral or written advice. The penalties of wrong advice have the same impact in both oral and written. It is necessary for an advisor to analyse the difference of education or language while giving oral advice, so that other person correctly understood such advice. The failure of advisor to express the correct advice shall be considered as his negligence. The false advice given by advisor with an intention to motivate another person to do a particular task shall be considered as misrepresentation. According to Lazaro (2013), the wrong advice given by an administrative officer, who is considered as a professional of such division, shall be determined as misrepresentation. For example, a law officer who gives the wrong deadline for a filing of a certain case, which causes loss to plaintiff because of not filing the suit, shall be constituted as misrepresentation by a law officer. There are numerous elements which determine the consequences or penalties of negligence or misrepresentation, conducted by a business. McDonald (2005) provided that the business can provide a counter argument that there is no duty of care available or that a reasonable person would have done the same thing. The burden of proving the breach of duty by the defendant is upon the claimant. The claimant has to prove the control of defendant over a particular situation which could cause injury to some party without proper caution. The penalty and damages for negligence or misrepresentation are based upon the level of injury caused by the claimant or its future consequences. The court has to analyse and provide either monetary or punitive award to the claimant, as per the situation of the case. Following are few of the many defenses available to the defendant in the lawsuit of negligence: The Presumption of Risk: According to Goudkamp (2006), if the risk of danger is obvious to a reasonable person and claimant could have avoided such risk by proper caution, then the claimant loses the right to file a suit of negligence. For example, if a customer buys a product with a certain level of risk, such as acid or naphthalene balls, then it is the duty of customers to maintain proper caution for his own safety. The customers cannot sue businessman if any injury caused by such product to the customer. Contributory Negligence: As per section 5R of Civil Liability Act 2002 (NSW), if the activities of the claimant are below a particular level of his own safety, then the defendant can apply it as a defense for his negligence. For example, if a factory has a poor guideline for workers safety while working with fire and it causes injury to a worker. But while using his tools, the worker forgets his safety mask then the employer can use such act as a defense against his own negligence. A recent example of contributory negligence was provided in Nettleton v Rondeau [2014] NSWSC 903 case, in which NSW Supreme Court held the defendant liable for not riding his cycle on the bike path and held plaintiff liable for failure to use proper brakes. Comparative Negligence: As per Yap (2010), the partial or complete participation of the claimant in the act of negligence can use a defense by the defendant. The amount of damages for negligence can be divided according to the involvement of claimant. For example, if an accident caused due to the negligence of both pedestrian and driver, then the number of damages reduced up to the involvement of claimant. Following are few real life cases in which businesses held liable for their tortious actions: In the case of KerlevBM Alliance Coal Operations Pty Limited Ors [2016] QSC 304, the employer held liable for his driver's fatigue by forcing him to work for straight four days. The employer failed to maintain his duty to care, therefore, the court awarded $1,250,000 as damages to the driver (Killian and Price 2016). In Mathews v Winslow Constructors (Vic) Pty Ltd [2015] VSC 728 case, the employee filed a suit against the company for failure to prove his security from bullying, abused and harassment, which resulted in stress and psychiatric injury. The court held a business liable for their negligence and awarded $380,000 to the employee for his injuries (Kleyn 2016). In Sear v Kingfisher Builders [2013] EWHC 21 (TCC) case, the business held liable for misrepresentation and court awarded an amount of 295,378.37 as damages to the claimant. In the case of Swan v Monash Law Book Co-operative [2013] VSC 326, the business held liable for negligence for not proving safety to employees from bullying in the workplace. The court awarded recovery of $600,000 from the business to affected employees (Mire and Owens 2014). The public officers and statutory authorities are the entities who perform various tasks to serve public, by the power provided to them by statutes. According to Stewart and Stuhmcke (2009), the negligence of public officers is determined by policy/operation distinction. The actions taken by a public authority under the guidelines of policy cannot be constituted as negligence. But, if the actions of the public officer are operational, then it will constitute as negligence. Policies are the guidelines created by the statutory authority after evaluating monetary restraints. The acts of public officers for proper implementation of policy are called operation. For example, if there is a policy of cleaning the road two times a day and public officers failed to do so, and a pedestrian cut his leg with the glass placed on the road. The pedestrian can sue the public officer for negligence. But if the road is cleared two times and still pedestrian cut his leg, the then pedestrian does not hav e right to sue for negligence. In Tomlinson v Congleton Borough Council [2003] 3 WLR 705 cases, the council held liable by a court for contributory negligence and two third amounts of injuries were collected by them (Williams 2005). As per McGlone and Stickley (2005), any individual or company who suffers any loss or injury due to negligence or misrepresentation of a business can file a lawsuit against them for recovery of damages. The claimant has to prove the existence of a duty of care and breach of such duty by the defendant. After proving of negligence, the court can award either monetary or punitive damage to the claimant, which can be considered as a primary remedy for a lawsuit. The main reason of claimant for negligence lawsuit is to collect damages from defendant for his loss. The loss must be sensibly predictable from a reasonable persons view. In ISS Security Pty Ltd v Naidu Anor [2007] NSWCA 377 case, the employer held liable for conducting negligence in his duty for employees safety, and the court awarded $1.9 million to the employee for his damages (Jones 2009). There are several Torts that apply to the actions of a business, besides negligence and misrepresentation. Following are few examples: Unfair Competition: If a business manufactured a product which resembles another companys product closely, to confuse the customers, it is known as unfair competition. This tort is similar to a trademark or copyright infringement. Publishing a false advertisement is also a part of the unfair Restrain on Trading Practices: It is illegal for businesses to preventing or stopping other business from trading in free markets. If the action of a business restricts and causes loss to another businesss trading, such business is liable for the tortious Wrongful Interference: Interference by one business to another businesss trading practices is a tortious act. A business can interface with various opportunities, clients and earning sources of another business (Brooke (2009). Computer Related Torts: In the modern world, maximum businesses use the computer for their trading practices. If a business intentionally damages business hardware and software that can affect its earning capability, such act will consider as tortious action (Butler 2005). Disparagement: Defamation or incorrect statements regarding another businesss products or facilities, which causes harm to such business in called disparagement. Writing incorrect reviews against a company can also be considered as disparagement. The applicability of tortious principles is necessary for business practices because it ensures fair and legal practices by businesses. The role of Torts has grown significantly in the modern world due to increase in a number of businesses. Various illegal or unfair trade activities of businesses are covered under tortious principles. According to Mortensen (2006), the Torts help injured customers or businesses to claim for damages, due to the negligent actions of businesses. The injury of negligence or misrepresentation includes loss of opportunities, clients, status, business connection, physical damage or other. While determining the amount of damages, the court also considered the future damages which will cause due to negligence or misrepresentation of a business. The tortious principles force businesses to perform their duty of caution and implementing fair trading practices, therefore, the applicability of tortious principles are significantly important in the business world. References Barker, K., Cane, P., Lunney, M. and Trindade, F., 2012.The law of torts in Australia. Oxford University Press. Bismark, M.M., Gogos, A.J., McCombe, D., Clark, R.B., Gruen, R.L. and Studdert, D.M., 2012. Legal disputes over informed consent for cosmetic procedures: a descriptive study of negligence claims and complaints in Australia.Journal of Plastic, Reconstructive Aesthetic Surgery,65(11), pp.1506-1512. Brooke, H., 2009. A brief introduction: the origins of punitive damages.Punitive Damages: Common Law and Civil Law Perspectives, pp.1-3. Bryant, P.J. and AA, B., 2016. THE TORT OF NEGLIGENCE IN STEM LABORATORIES. Butler, D., 2005. A tort of invasion of privacy in Australia.Melb. UL Rev.,29, p.339. Chan, T. and Kim, P., 2005. The Legal liability of third party advice in Australia in light of recent developments. Goudkamp, J., 2006. Can Tort Law Be Used to Deflect the Impact of Criminal Sanctions? The Role of the Illegality Defence.Torts Law Journal,14, p.20. Jones, D., 2009. Workplace bullying: causes, symptoms, effects and the law.Brief,36(3), p.13. Killian, T. and Price, V., 2016. Fatigue management failings lead to $1.2 million judgment against multiple parties. Dibbs Barker. Retrieved from https://www.dibbsbarker.com/publication/Fatigue_management_failings_lead_to_$1-2_million_judgment_against_multiple_parties.aspx Kleyn, W., 2016. Case note: Dealing with complaints of sexual harassment: A cautionary tale: Mathews v winslow constructors (vic) pty ltd [2015] vsc 728.Precedent (Sydney, NSW), (135), p.62. Lazaro, C., 2013. REVOLUTION IN THE REGULATION OF FINANCIAL ADVICE: THE US, THE UK AND AUSTRALIA: THE FUTURE OF FIDUCIARY DUTIES FOR FINANCIAL ADVICE: THE FUTURE OF FINANCIAL ADVICE: ELIMINATING THE FALSE DISTINCTION BETWEEN BROKERS AND INVESTMENT ADVISERS.St. John's L. Rev.,87, pp.381-1193. Marston, G. and Walsh, T., 2008. A case of misrepresentation: Social security fraud and the criminal justice system in Australia.Griffith Law Review,17(1), pp.285-300. McDonald, B., 2005. Legislative intervention in the law of negligence: the common law, statutory interpretation and tort reform in Australia.Sydney L. Rev.,27, p.443. McGlone, F. and Stickley, A.P., 2005.Australian torts law. LexisNexis Butterworths. Mire, S.L. and Owens, R., 2014. A Propitious Moment: Workplace Bullying and Regulation of the Legal Profession.UNSWLJ,37, p.1030. Mortensen, R., 2006. Homing devices in choice of tort law: Australian, British, and Canadian approaches.International Comparative Law Quarterly,55(4), pp.839-878. Stewart, P.E. and Stuhmcke, A.G., 2009.Australian principles of tort law. The Federation Press. Williams, K., 2005. State of fear: Britain's compensation culturereviewed.Legal studies,25(3), pp.499-514. Yap, P.J., 2010. Rethinking the Illegality Defence in Tort Law.Tort Law Review,18, p.52.

Wednesday, December 4, 2019

Section 24 of the Charter Canadian Charter

Question: Describe about the Section 24 of the Charter for Canadian Charter. Answer: 1 . Why section 24 of the charter was included Section 24 of the Charter of Rights and Freedoms has two subsections. Subsection 1 denotes that anybody, whose rights have been infringed upon, has the privilege of protesting against the identified breaches at a competent court of jurisdiction. Furthermore, the court will have the power and capability of providing appropriate remedies, in the circumstances or based on the issue at hand (Rgimbald Newman, 2013). This is a section that is important because it grants a competent court of jurisdiction the power of a judicial review. This means that the courts have the capability of striking down any policy enacted by the Federal and the Provincial governments, which may result to the breach of an individuals rights and freedoms, in accordance to the Charter and the Bill of Rights (Greene, 2014). In fact, before the enactment of the Charter of Rights and Freedoms, provincial leaders were opposed to it, because of the belief that the courts may be used to check their activities and policies they seek to implement (Fudge Jensen, 2016). A good example where section 24 (1) has been used to check the policies of a provincial government; is, Doucet-Boudreu v Nova Scotia, where the court, by applying section 24 ruled that the delay in building school that teach French language, was a breach of section 23 of the Charter of Rights and Freedoms (Mendes Beaulac, 2013). From this ruling, it is possible to denote that section 24 was intended to help the courts to check the excesses of the government, and prevent the passage and implementation of policies that are harmful to people. Additionally, section 24 (2) was introduced for purposes of preventing the admission and use of evidence that has been illegally obtained. This is because the courts will refuse to use the evidence under consideration if it will negatively affect the administration of justice. R v Grant is a Supreme Court case that created the test of identifying whether the evidence before the court is admissible or not. These tests are, the seriousness of infringement of the charter, the impact of the breach, on areas that the charter has protected the interests of the accused and the interest of the society regarding the merits of the case. 2: Case Law: R v. Conway, 2010 SCC 22 The Parties Involved in the Case Appellant: Paul Conway Respondents: Her Majesty the Queen Head of Mental and Addiction Health Center Ontario Review Board Attorney General of Canada British Columbia Review Board Mental Health Legal Committee David Asper Center for Constitutional Rights Criminal Lawyers Association Facts of the Case: Mr Paul Conway was charged in 1983 for raping his aunt while armed with a knife. During trial, he was not found guilty because he pleaded insanity. Therefore, Mr. Conway spent a number of years in mental health facilities that are found in Ontario. Moreover, the Ontario Review Board has been monitoring his case every year, and in 2006, Mr. Conway instituted a legal case, claiming that there was a breach on his Charter rights (Heritage, 2013). The rights breached are under section 2, 7, 8. 9 and 15. Therefore, he was seeking the protection of the Ontario Review Board under section 24 (1) of the Charter. While claiming protection from the board, Mr. Conway argued that his rights were violated because of the poor living condition he was subjected to, environmental pollution and poor treatment. Furthermore, he was threatened by his handlers that they would use physical and chemical methods to restrain him (David, 2014). In making their ruling, the Ontario Review Board denoted that it did not have any jurisdiction to rule on aspects touching on the charter. This was a decision that was upheld at the Ontario Court of Appeal in 2008. However, Mr. Conway appealed the decision at the Supreme Court of Canada. Issue before the Court Whether the Ontario Board of Review has the jurisdiction to provide remedies under section 24 (1) of the Charter, and if it has the jurisdiction, is the appellant entitled to the remedies that he is seeking? The Law Considered in this case The Canadian Charter of Rights section 24 (1) Section 672 of the Criminal Code Decision of the Court The Supreme Court ruled that the Ontario Review Board did not have a jurisdiction to provide an absolute remedy as per s. 24(1) of the act. The Reasoning of the Court In coming up with a decision, the court relied on the following tests, If an administrative tribunal can be classified as a court of competent jurisdiction, and if it has the authority to decide questions of law, and it is not excluded from the charter. If the administrative authority has the power to grant the remedy that is being sought. In applying these tests to the case, the Supreme Court denoted that the ORB is a court of competent jurisdiction as per section 672 of the Criminal Code (Cornell, 2015). However, the ORB does not have the power to provide an absolute remedy in circumstances where the person may be a danger to the safety of the public. In determining whether the ORB has the power to give out the remedy being sought, the Supreme Court applied the test identified in Mill v The Queen. The Courts Interpretation of the Section of the Charter In interpreting section 24 (1) of the charter, the Supreme Court ruled that a court has competent jurisdiction over an issue, if it has jurisdiction over the parties, remedy sought and subject matter that is within the court. 3: The number of times the case has been considered, distinguished and followed. R v Conway is a new common law precedent, and as such, not many courts have relied on the precedent that has been set up by the court to determine their cases. However, two notable cases that have considered the application of the precedents developed in R v Conway are R v Sazant and Dorv. Barreau du Qubec. All these cases were determined in 2012. 4 a). Wether the precedent is considered, followed or distinguished. The most recent case to use the principles established in r v Conway is Dorv.Barreau du Qubec. The court considered and distinguished the application of this law, in determining whether the administrative decisions of Barreau du Qubec were compliant with the Canadian Charter of Freedoms and Rights. It is important to denote that the case of Dore touched on the powers of administrative tribunals to grant remedies, in accordance to the charter (Collins, 2013). On this basis, the judges in the Supreme Court applied the tests developed in r v Conway to determine whether Barreau du Quebec had the power to make the administrative decisions under consideration. b). How the court interpreted the section of the charter While deliberating on this case, the Supreme Court found out that the administrative tribunals have the power to make a decision on issues that pertain to the law, and in accordance to the charter (Bickenbach, 2015). Furthermore, these administrative tribunals have the power to grant remedies, in accordance to the issue that is before their jurisdiction. However, these tribunals are only limited to making a decision based on their scope of expertise, and the decisions must be within the values of the charter. Therefore, the court denoted that the integration of the values of the charter into the administrative approach of the courts, and the recognition of the expertise of these tribunals, helps in ensuring that there is a control and appropriate use of their powers. References Bickenbach, J. E. (2015). The ADA v. the Canadian charter of rights.Americans with Disabilities, 342. Collins, L. M. (2013). An Ecologically Literate Reading of the Canadian Charter of Rights and Freedoms,(2009).Windsor Review of Legal and Social Issues,26, 7. Cornell, C. (2015). Succession to the Throne and the Canadian Charter of Rights and Freedoms.Law Bus. Rev. Am.,21, 193. David, L. (2014). Principled Approach to the Positive/Negative Rights Debate in Canadian Constitutional Adjudication, A.Const. F.,23, 41. Fudge, J., Jensen, H. (2016). The Right to Strike: The Supreme Court of Canada, the Charter of Rights and Freedoms and the Arc of Workplace Justice.King's Law Journal,27(1), 89-109. Greene, I. (2014).The Charter of Rights and Freedoms: 30+ years of decisions that shape Canadian life. James Lorimer Company. Heritage, C. (2013). The Canadian Charter of Rights and Freedoms. Mendes, E., Beaulac, S. (Eds.). (2013).Canadian Charter of Rights and Freedoms. Oliphant, B. J. (2015). Taking purposes seriously: The purposive scope and textual bounds of interpretation under the Canadian Charter of Rights and Freedoms.University of Toronto Law Journal,65(3), 239-283. Rgimbald, G., Newman, D. G. (2013).The Law of the Canadian Constitution.