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Studies by Undergraduate Researchers at Guelph Vol. 5, No.1, Fall 2011, 2

The SURG Team

Support

Director, Research Communications Owen Roberts Editor Robert Fieldhouse Associate Editors Anita Acai Bethany Philpott Lee-Anne Huber Assistant Editors and Volunteers Moez Valliani Amanda Rochon Levy Li Ratanak Ly Project management Sara Avoledo Scholarly Communication Librarians Jane Burpee Wayne Johnston

SURG recognizes the ongoing support for research infrastructure -- equipment, materials and personnel -- at the University of Guelph, from the Natural Sciences and Engineering Research Council, the Canadian Institutes of Health Research, the Social Sciences and Humanities Research Council and the Ontario Ministry of Agriculture, Food and Rural Affairs, among others.

Call for Papers Eligibility Undergraduate students from all disciplines at the University of Guelph are eligible to submit a paper to SURG. Most submissions will be based on summer research or fourth-year research courses. However, we encourage submissions from all undergraduates engaging in research. Requirements SURG accepts both original articles and reviews. All submissions must be approved by a faculty supervisor. Please visit our website www.uoguelph.ca/~surg for author guidelines. Pre-submission inquiries may be sent to surg@uoguelph.ca.

About SURG Studies by Undergraduate Researchers at Guelph (SURG, pronounced "surge") is a refereed, multi-disciplinary online journal that publishes research and review articles by University of Guelph undergraduate students. It was developed through co-operation of the University’s Office of Research, the McLaughlin Library and Grad Studies. SURG is open-access – available for free to everyone.

Call for Editorial Staff SURG is looking for students interested in research and publishing to volunteer their time as editorial staff. Duties will include copy editing, layout editing, and assisting with day-to-day operations of the journal. Requirements include superior literacy skills and knowledge of Microsoft Office and/or HTML. Previous research experience is a plus. Interested students should contact the SURG editorial team.

Open Access This journal provides open access to all of its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. Such access is associated with increased readership and increased citation of an author's work. For more information on this approach, see the Public Knowledge Project (www.pkp.ubc.ca), which has designed this system to improve the scholarly and public quality of research, and which freely distributes the journal system as well as other software to support the open access publishing of scholarly resources. Student papers are licensed under a Creative Commons Attribution-Noncommercial 2.5 Canada License.

Contact SURG Editor Research Communications Office of Research, Room 437, University Centre University of Guelph, Guelph, ON N1G 2W1 www.uoguelph.ca/~surg surg@uoguelph.ca

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Table of Contents WELCOME Welcome from the SURG editor ................................................................................................................................................... 3 Robert Fieldhouse ARTICLES Cryptozoology as a pseudoscience: beasts in transition .............................................................................................................. 5 Elise Schembri Media frames of the Ontario Safe Streets Act: assessing the moral panic model .................................................................... 11 Michael Bates Global industries and local development: labour in the Malagasy garment industry ............................................................. 18 Nick Bernards Examining medical anthropological theory as a catalyst for the failure of clinically applied medical anthropology ............ 30 Lauren Wallace The Maoist movement and peasant struggle: political ecology approach ................................................................................ 37 Remy Bargout Regional disparity in modern First Nations’ treaty-making ..................................................................................................... 41 Anthony Gatensby Land tenure rights in India: an analysis of the failure of amendments to the Hindu Succession Act ................................... 49 Victoria Yang Perceptions, practices and principles: increasing awareness of ‘night sky’ in urban landscapes ........................................... 54 Robin Mosseri Sleeman biogas boiler system design .......................................................................................................................................... 63 Peter Alm, Kathryn Falk, Thomas Nightingale, Zachary Zehr, Medhat Moussa Determining a bioventing scale-up factor .................................................................................................................................. 69 Michael Beswick SPECIAL SERIES “The quarry proposed by St Marys Cement Inc. for a location near Carlisle, Ontario should not be permitted” Introduction .......................................................................................................................................................................... 73 Glenn Fox Proponents’ Brief ................................................................................................................................................................. 75 Michelle Conklin, Jake L’Ecuyer, Nicole Morgan, Natalie Proracki, Tom Schiks, Brad Summerfield, Seth Wasylycia Opponent Brief ..................................................................................................................................................................... 81 Evan Bracken, Leah Grant, Alexander Marit, Joshua Nasielski, Sarah Smith, Victoria Yang Adjudication Report .............................................................................................................................................................. 87 Vanessa Chaimbrone, Peggy Cheng, Meagan Coughlin, Nigel Gale, Melissa Hurst, Victoria Robson

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Welcome from the SURG editor The ninth SURG issue is here! As usual, we continue our tradition of presenting top-quality research from undergraduates across our campus. Guelph students continue to investigate an amazing array of topics. Here, you’ll find articles on cryptozoology as a pseudoscience, medical anthropology and garment industry globalization. Students also studied the Ontario safe streets act, First Nations’ treaties, property rights in India and the political ecology of the Maoist movement in India. Other topics include light pollution, biogas as an energy source and bioventing. This issue also features a special series highlighting an environmental law case study on a proposed quarry development. I’d like to thank the student researchers, faculty supervisors, reviewers, journal advisors and our readers. I’d also particularly like to thank all members of our editorial team; their exceptional contributions have helped make SURG great. We look forward to maintaining SURG as a favourite venue for sharing undergraduate research. Sincerely, Robert Fieldhouse Editor-in-Chief

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Cryptozoology as a pseudoscience: beasts in transition Elise Schembri This study was conducted under the supervision of Professor Sofie Lachapelle, Department of History, College of Arts University of Guelph, Guelph, Ontario, Canada Cryptozoology, the pursuit of wildlife ignored or discounted by mainstream zoology, emerged as a separate discipline from zoology in 1955 with the publication of Bernard Heuvalmans’ book On the Track of Unknown Animals. Although it is typically associated with pseudoscience, many of the discipline’s advocates assert that cryptozoology should be recognized as a legitimate science. This has proven difficult because of the nature of the discipline and its inability to provide falsifiable evidence. This paper examines crytozoology’s dichotomous separation from zoology; its search for hard evidence to support the existence of obscure creatures including hominids, sea serpents and lake monsters; and its efforts to document in a clear and objective way the existence of such creatures so as to distance itself from paracryptozoology as well as both the media and public’s distorted understanding of the field. This paper argues that by its nature cryptozoology is bound to remain, at worst, a pseudoscience and, at best, a transitional field of research. The example of the discovery of creatures like the giant squid, which left the realm of mythology and became a recognised species of zoology in 2004, provides evidence of both the promises and the inherent problems of the field of cryptozoology.

T

here are a number of disciplines considered to lie outside mainstream science whose practitioners seek professional respect and scientific recognition. These disciplines are often referred to as pseudoscience; and while some are irrefutably so, there are still gray areas where the separation between pseudo and mainstream or ‘true’ science becomes difficult to decipher. One discipline residing in this gray area is cryptozoology. Cryptozoology is the pursuit of wildlife ignored or discounted by mainstream zoology [1]. These creatures (defined as cryptids), while believed by most to be unlikely to exist, are by no means scientifically impossible. The work of cryptozoologists consists of recording sightings and obtaining proof of their existence in the various environments in which they are assumed to exist [2]. These investigations range from the hunt for obscure hominids (such as big foot and the yeti) or sea serpents and lake monsters (like Nessie and Champ), to the collection of evidence on the possible existence of yet unknown species in some of the still vastly unexplored regions of the world. This paper will attempt to place cryptozoology within its contemporary context by focusing on the factors that have prevented it from attaining scientific recognition and have subsequently confined it to its current state as a pseudoscience. By profiling several cryptids, as well as some species formerly considered cryptids, the difficulties experienced by cryptozoologists to dissociate themselves from the pseudoscience label will become apparent. The need to distance cryptozoology from folk tales will also be illustrated through the de-mystification of the extraordinary

animal qualities, thought to be associated with cryptids, by explaining them in rational terms [3].

CRYPTOZOOLOGY AS A DISCIPLINE Tales of mythological and wondrous creatures have always held a fascination for humans; and legends and stories of similar fantastic beings can be found in cultures across the world. Although there is certainly a long tradition of pursuing the prospective existence of undocumented creatures, the field of cryptozoology formally separated from zoology and came into its own in the second half of the twentieth century. The split was fuelled by the work of Bernard Heuvelmans, a French scientist with a PhD in zoology, who published his book On the track of Unknown Animals in 1955. Often presented as the ‘father’ of cryptozoology, Heuvelmans formed the International Society of Cryptozoology in 1982. The society was intended to be a scholarly centre for documenting and evaluating evidence for unverified animals. It had its own journal, Cryptozoology, which ran from 1982 to 1996 [1]. Its goals were to search for the possible existence of known animals in areas where they were currently believed not to exist, to discover animals presumed to have gone extinct in the distant, even, prehistoric past, and to explore the possibility of creatures whose existence is currently based solely on fragmentary evidence [2]. If they indeed exist, cryptids may now, like many other species on the planet, find themselves in an increasingly vulnerable position as pollution, deforestation and simple

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human negligence propels our generation towards a state of environmental crisis. There is consequently a sense of urgency among some cryptozoologists who believe that cryptids have remained unknown in large part because they inhabit unfamiliar and relatively inaccessible areas of the world, areas that are now being destroyed to meet the demands of an ever-expanding population [1]. Similar to many entomologists, who are still in pursuit of the vast quantity of insect species yet to be formally described, cryptozoologists have begun to play a new role as promoters of environmental values against the decimation of species and the destruction of their natural habitat [3]. Beyond all of this, cryptozoology often appeals to individuals looking for mystery, mysticism and even danger in a world now perceived as fully charted and over-explored. It can also appeal to those looking to articulate resentment of and defiance against a scientific community perceived as monopolising the pool of culturally acceptable beliefs [3]. There is no doubt that cryptozoology has its followers but the views held by the general public and the consensus of the overall scientific community lean far more towards ridicule and the rejection of this discipline as a legitimate science.

impact. This tends to stabilize the process’ [8a]. To try to circumvent this problem, it has been suggested that both science and pseudoscience are cognitive fields in their own right, whether genuine or fake, through their attempt to gain, diffuse and utilize knowledge of some kind. As such, cryptozoology—a pseudoscience—can be lumped together with religion and politics while science is conversely associated with research fields, including the humanities, mathematics and technology [4]. But, even attaining the same type of respect as religion and politics would be a huge feat for cryptozoology. Sociologist James McClenon makes a case for this type of deviant science based on scientist’s communal desire to avoid affiliation and association with what are understood to be non-scientific groups [6]. He asserts that since scientific etiquette has to bypass qualified peer approval, boundaries and the labelling of certain behaviour inevitably emerge. McClenon continues by stating that these methods of demarcation are required for the sustainability of any type of long lasting community, especially an academic one [7].

THE CRYPTIDS A large part of the problem facing cryptozoology in its quest for scientific legitimacy is that, for most scientists, cryptozoology is mostly associated with the search for two particular categories of species: obscure hominids like Sasquatch, and lake monsters like Nessie. The name Sasquatch comes from the 1920s Native Coast-Salish name meaning a large, hair covered, man-like creature. Although Sasquatch is one of the most well known names, the creature has over 200 additional names among Native American tribes alone [8]. Sasquatch is assumed to be nocturnal, and sightings have been claimed all over the world with minor variations between the legends. Similarly described creatures have been sighted in Quebec, the North West Territories, the Yukon, the Idaho Rockies, Washington and Oregon; and in these areas alone there have been over 3000 recorded sightings [8]. These sightings come from everyone: from hunters, to police officers, to teachers. For many cryptozoologists, the fact that these professionals very possibly have more to lose (reputation and credibility) than they do to gain from reporting a sight like this has given credence to their testimonies [8]. However, even Heavelmans acknowledges that ‘the frailty of human testimony must be seriously considered [as] the witness may be honest but mistaken’ [9a]. Cryptozoologists have sustained numerous attacks in their belief in the existence of a Sasquatch-like creature based on a substantial lack of evidence. To this, they have answered that lack of evidence does not necessarily mean lack of existence. For example, the absence of remains could be attributed to other inhabitants of the forest: it only takes a few days for ravens and bears to obliterate remains, mice and porcupines tend to make short work of bones, and phosphorus and calcium only lasts a few months [8]. It is therefore understandable that bones are not found for species

CRYPTOZOOLOGY AS A PSEUDOSCIENCE Science has been characterized as that which uses a scientific method to validate testable claims and possesses characteristics such as empirical content, refutability, and the ability to form a consensus; characteristics that are traditionally not associated with pseudoscience [4]. A pseudoscience has been defined as a field that tries to appropriate the prestige of science and copies its outward trappings and protocols but essentially falls short of meeting the accepted standards of the practice of science [4]. It has been proposed that there are several contributing factors that keep cryptozoology from being recognized as a science. The first of these factors is isolation: cryptozoology exists outside of all contemporary types of science like biology, chemistry, and physics; although cryptozoology does function under the main principles of these disciplines, it also exists outside of them because its own specific principles have been rejected. Cryptozoology also lies outside mainstream science because it lacks falsifiability in its never-ending search for elusive creatures. Furthermore, cryptozoology is not cumulative or self-corrective. It is stagnant, with little evidence of progress, leaving it detached from mainstream science because of its inability to grow and accumulate knowledge [5]. Using these factors, however, a case can be made to legitimize at least some parts of cryptozoology, but there seems to be a strong aversion to even mentioning pseudoscience in the scientific community, almost as if it were taboo, and the association with pseudoscience subsequently puts cryptozoology at an inherent disadvantage for ever being seriously considered [3]. ‘The deviant researchers are prevented from having impact on the mainstream scientific process, yet because of their commitment to the ideology of science, they nonetheless keep on trying to make such an

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with such a small population. Cryptozoologists have also argued that the forest canopy could act as a shield from infrared aerial searches. If the creatures dwell so deeply that they are veiled by this canopy, it could account for their ability to remain undetected [1]. It has also been hypothesized that Sasquatch may be a migratory ancestor of a giant Asian hominid named Gigantopithicus, the largest living hominid in recorded fossil history. This hominid lived 7.5 million years ago and was estimated to have survived until 0.5 million years ago; however its bell-shaped survival curve could easily fall into our present time, suggesting that there may be some ancestors still in existence. The difficulty of hoaxing the larger than human tracks because of the dermal bridges present on the toes, as well as the discovery of long hairs which could not be typed to any North American mammal have also been used to argue for the possible existence of an unknown hominid [8]. Of course, none of these arguments prove the existence of a Sasquatchlike animal, but, for cryptozoologists, they do at least provide sufficient evidence for the search of such creatures to be accepted, or at least tolerated, by mainstream science. Another group of elusive creatures fighting for scientific relevance are Lake Monsters, specifically the Loch Ness Monster and Champ of Lake Champlain. Lake monsters have been described from Scotland to Argentina and from Canada to the Congo. Legends of sea and lake monsters can be traced back to sailor’s tales of the Kraken, which was a giant squid-like creature, and similarly back to Native American legends [2]. Sightings of the Loch Ness monster can be traced back to over 1000 years and although lake monsters tend to be associated with wild and unsubstantiated claims, evidence still persists for the possibility of their existence. In 1933 there were over 20 reports of Nessie over just a 6 month period. In 2003, echolocation surveillance was performed in Lake Champlain and discovered strange noises that most likely belonged to some sort of large creature making sounds similar to those of a whale but definitely of a different and unidentifiable species [10]. It has been hypothesized that what we consider to be lake monsters are simply descendants of dinosaurs like the plesiosaur (an aquatic reptile thought to have survived 160 million years ago until about 60 million years ago) [1]. This understanding is evidence of how the sea monster model is morphing into a more ‘scientific’ model based on a prehistoric aquatic creature. Despite these more sophisticated methods of understanding sea and lake monsters, Nickell and Radford have suggested that the very popularity of the ‘myths’ would seem to disprove their existence [10]. For example if Nessie exists, the creature has been able to escape decades of extensive sonar searches, the discovery of any floating or beached corpses, and the production of any type of irrefutable pictures or samples to prove its existence. Sightings have been credited to otters, eels, logs, beavers, and very often, lake sturgeons. The species would need to maintain a herd size of at least 12 individuals for breeding

purposes, and yet these individuals have somehow managed to, supposedly, exist without leaving a shred of hard evidence behind [11]. Similar to sightings of Sasquatch, reports of lake and sea monsters almost invariably correspond with the public’s interest in the creatures, suggesting an obvious social and cultural engine fuelling the reports.

LEGITIMIZING THE HUNT Despite all the differing attitudes and understandings preventing cryptozoology from reaching its possible scientific potential, cryptozoologists continue to pursue their elusive cryptids, even in the face of ridicule. In the 1968 publication of his book In the Wake of Sea Serpents Bernard Heuvemans dedicated it in part to these individuals ‘who in perfectly good faith have bravely reported facts not easy to believe.’ There are many reasons used by cryptozoologists to justify continuing their research, some of which are based on the discoveries of new areas in the world and species traditionally thought to have been extinct in the distant or recent past. For example, as recently as November of 2001, scientists in Ecuador discovered a 123 500 acre ‘virgin’ forest that had, as far as researchers could tell, never before been seen by humans [1]. In February of 2003, satellite photos revealed 1000 previously unknown islands in the Indonesian archipelago, and in June of that same year the research ship Tangaroa found 400 new marine species during a mere two week survey of New Zealand’s coastline [1]. In addition to these discoveries in December of 2005, scientists found a jungle ‘lost world’ in Papua New Guinea and discovered 40 new animal species, including a bird which had only been seen once before in 1897 [1]. With humanity’s constant quest for the unknown we are often left feeling that we have solved all the mysteries of the world, but with such recent and such large discoveries still seemingly widespread and possible, how can it be claimed as an absolute truth that cryptid species are an impossibility? Discoveries of new areas, and the species within them, keep cryptozoology alive, and render cryptozoologists ever hopeful and resilient in their hunt for the mysterious. For even further justification of cryptozoology, one needs only to look into recent history. There is extensive documentation and ancient mythology involving large and fantastic species, which used to be considered cryptids, whose existences are now considered common knowledge. For example, the Lowland Gorilla was discovered only in 1847, the Vu Quong Ox was discovered in 1992, and the Leaf Muntjac Monkey was discovered as recently as 1997 [1]. In 2005 Frederick Crassle, director of Rutgers University’s institute of marine and coastal sciences, estimated that the world’s oceans still contain about ten million unknown species [1]. However, despite all of these emergences of new species into scientific knowledge none have influenced the pursuit of cryptozoologists to the extent that the discoveries of the coelacanth and the giant squid have. It can be argued that these two species revolutionized

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the discipline and presented a new lens through which to understand the pursuit of the unknown as a legitimate use of resources. The coelacanth is a fish that grows to about 5 feet long, whose fins resemble legs in appearance and function, and who resides approximately 700 metres below the ocean’s surface. In 1938, the first living coelacanth ever recorded was caught by a fisherman. This catch holds tremendous importance for cryptozoologists because fossil records have placed the fish as far back as 410 million years ago, and it had been thought to have been extinct for at least 60 million years [2]. For this reason, and the fact that the fish has remained virtually unchanged from its prehistoric form, it has been referred to as a ‘living fossil’ and has understandably attracted a great deal of attention from zoologists and cryptozoologists alike [2]. The other great creature whose discovery gave credence to the importance of cryptozoology is the giant squid. The first footage ever taken of the giant squid, Architeuthis, estimated it to be about 43 feet long, and was taken by researchers from the National Museum of Japan in 2004 [12]. Before this footage, the giant squid had been primarily the focus of cryptozoologists and many respected zoologists had doubted its existence. However, with its discovery, zoologists and cryptozoologists alike have found themselves pushed towards new questions and possibilities pertaining to the boundaries of scientific thinking. Unfortunately for cryptozoologists, the hard confirmation of the existence of a mythical creature they had been searching for did not lead to clear progress. The giant squid, now a confirmed animal, left the world of myth and cryptoptozoology to become a part of zoology. It is the nature of the discipline that once the cryptids are no longer in the transitory state between myth and reality, they no longer belong to the cryptozoologists.

Through tabloids and tourism, the public has learned to treat the hunt of cryptids as a joke, even though their existence is not always impossible [2]. Alley reported that as of 2003 there were only about twelve PhD holders willing to openly associate themselves with cryptozoology and subsequently defend whatever is left of the reputable nature of the discipline and its quest for new knowledge and tangible links to the past. Excluding those twelve individuals, if there are any other PhD holders, who are not legitimate sceptics, it can be assumed they fear supporting cryptozoology because of the consequences it may elicit on their own research or career. This could include a lack of respect from their peers, having their objective opinions and judgements as researchers brought into question, and having an overall, laughable attitude taken towards them within the scientific community. For many, these risks are too great. Cryptozoology then appears to enter a vicious cycle fuelled by public opinion in which no grants are given for funding because there is no hard evidence proving the existence of cryptids, but it is possible that evidence does not exist in part because there is no research as a result of no grants being given [8]? In 2003 Canadian Wildlife Biologist Dr. John Bindernagel suggested that what the public and the scientific community both need is a change of perspective [1]. A mere legend does not jump easily from one culture to another. So the questions we should be asking are: if such creatures exist, what do they eat?, when do they sleep?, and perhaps how do they survive the winters?

PARACRYPTOZOOLOGY Another element preventing cryptozoology from reaching scientific legitimacy is its association with paracryptozoology. Paracryptozoology is concerned with the most paranormal of cryptozoology reports including dragons, unicorns, satyrs, centaurs, and merbeings. It may also occasionally include paranormal elements such as creatures appearing or disappearing, and in the past it has been linked with UFOs [2]. Ironically, cryptozoologists often attempt to dissociate themselves from paracryptozoology in the same way that zoologists attempt to dissociate themselves from cryptozoology. Cryptozoologists strongly dismiss the claims of paracryptozoologists and take pains to separate themselves from their research, not least because of its reference to the existence of parallel universes and alternate realities. Much more extreme than cryptozoologists, paracryptozoologists push their search into fantasy, characterizing lake monsters like Nessie as dragons and attributing the existence of other cryptids to demonic forces providing a counterbalance to the forces of good in the world [2]. Needless to say, paracryptozoology is built on a far different foundation than cryptozoology and diverges drastically from the scientific base of research on which cryptozoologists pride themselves. Two creatures in particular are strongly associated with paracryptozoology and serve to illustrate the differences between paracryptozoology and cryptozoology as

THE PUBLIC’S PERCEPTION For certain media sources, myths and rumors of cryptids are always sensational topics to cover. Their treatment of crytozoology and its supposed creatures inevitably fuels stereotypes that can be hard to overcome. Despite clear evidence of the existence of certain previously unknown species, cryptozoologists have a hard time escaping the sensational claims of Bigfoot sightings that frequently cover the front pages of certain tabloids. In fact, Alley states that the Bigfoot of the tabloids is so far removed from the nature of a real primate that it bears little resemblance to the creatures of the reports [8]. We need not look far to see how the public’s misconception of these creatures has been fuelled by popular culture. Movies like Harry and the Hendersons, the story of a loveable and funny Bigfoot that goes to live in a city family’s home and gets into all kinds of mischief is a perfect example of this, as is the tourism organized around claims of a Loch Ness monster, from the market for souvenirs to the submarine rides into the supposed home of this fantastical creature. ‘What used to be healthy scepticism is now only lazy ridicule,’ states Alley [8].

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disciplines: the unicorn and the merbeing. Unicorns, literally translating to ‘long horn’ in Latin, have been reported throughout the world since ancient times and we can find them described in ancient Greek texts on natural history, perhaps suggesting that they were seen as real creatures of flesh-and-blood at the time [1]. These beasts were described as horses with a goat-like beard, a tail resembling that of a lion, cloven hooves like those of a cow or deer, and of course a horn [13]. Unicorns may not seem to be overly mysterious upon first literary, or otherwise, encounter, but the magical part of them is thought to be the healing power of their blood and/or horn. Paracryptozoologists are fascinated by unicorns because stories often describe them as part of an alternate reality from where they make chosen appearances in our own reality. Although unicorns are more closely tied to paracryptozoology, explanations for confirmed sightings and capture are fairly easy to explain compared to other cryptid chased by cryptozoologists. For example, the African horned Oryx has two very long horns, but in the summer months these horns will often become brittle with the heat which can cause them to snap off, leaving them with one long curved horn [1]. Similar explanations can be applied to the apparent capture and ‘undeniable’ sightings of unicorns, which can be understood as a human plea for mystery and magic. This illustrates the more rational and scientifically grounded understanding of the creatures that is conveyed through cryptozoology. Another creature that fascinates paracryptozoologists is the merbeing [13]. The work of early zoologists and historians was filled with tales of mermaids, and there are legends of them found in every area in the world with access to the sea, some of which persist up until the present day [14]. The International Society of Cryptozoology went to New Guinea in pursuit of the reports of merbeings there, known to the natives as ‘Vi’, but they had no success. These creatures were described by the natives as air breathing mammals with the trunk, genitalia, arms and head of a human being and a legless lower trunk terminating in lateral fins or flippers [11]. Merbeings are often associated with cryptozoology, but the ones that are studied by paracryptozoologists are thought to be super intelligent aliens who may have been abandoned on our planet. These particular merbeings are said to have a body that they created to observe and interact with humans, while still being able to remain hidden [1]. It has also been suggested that sightings of merbeings were simply seals, or hallucinations of sexstarved sailors out on long voyages at sea [14]. There is of course some overlap between cryptozoology and paracryptozoology, as, at times, many cryptozoologists have found themselves pursuing creatures like unicorns and merbeings for which there appears to be no scientific justification. However, under closer inspection it becomes obvious that the more obscure and skewed the claims of existence and origin become, the more cryptozoologists have a tendency to distance themselves from the search for a particular species. It is the difference in the reason for

studying these creatures and the understanding of them in a more grounded and scientific context that really distinguishes cryptozoology from paracryptozoology. Often the wild claims preached by paracryptozoologists have little or nothing to do with the pure pursuit of unknown species.

CONCLUSION In conclusion it would appear that cryptozoology is a victim of several circumstances that prevent it from obtaining the respect and the recognition of the larger scientific community. Media depictions of cryptids and cryptozoologists have morphed them both into a laughable matter in the public realm. This has resultantly made cryptozoology a private shame of some scientists who fear ridicule and a loss of credibility should they voice their interest in the field. Moreover, the lack of genuine physical and photographic evidence of cryptids constrain cryptozoologists to launch expeditions on the sole basis of so-called reliable eye-witness accounts leaving them at the mercy of the undeniable constructive nature of perception and memory [11]. Furthermore, the discipline of paracryptozoology binds the discipline further by associating it with wild claims and unsubstantiated evidence which causes the public to further question the intent and rigour of cryptozoology. Finally, any result of the field that might be used to justify its use and interest for science is rapidly transferred to zoology, leaving cryptozoology once again a field of supposition. It has been argued by that it is the fear of science students accepting certain claims as scientific facts that has precluded what is considered pseudoscience from entering mainstream science, even though it is an important aspect of scientific education; this essentially refers to a common fear held among the scientific community that if certain pseudosciences are given scientific recognition without substantial evidence it may once again blur the line between myth and reality [6]. It seems a dangerous assumption, however, that myths and legends associated with the cryptids, which arose in parallel to one another all over the world, did so coincidentally. Perhaps, they should not be discounted so easily. It may be beneficial to legitimize cryptozoology as a science in an attempt to simplify the life of the researchers pursuing this knowledge through attempting to find hard evidence. ‘Cryptoscientific claims are (at least in theory) relatively easy to validate but difficult to disprove’ as the capture of a cryptid proves its existence but the failure to capture one does not disprove it [7b]. For this reason access to resources and funding may have a profound impact on the discipline. Creatures like the giant squid were once only pursued by cryptozoologists and now their existence is common knowledge, so it is entirely possible that other cryptids are still dwelling in limbo between fantasy and scientific recognition to be discovered by cryptozoologists and recognised by the scientific community. The squid was discovered, not by cryptozoologists, but by scientists and as

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such the finding was validated within the scientific community; this is what the pursuit of most cryptids is lacking. Believers and hunters of these cryptids have persisted throughout time, despite the sceptics, and it is possible that our romantic belief in monsters needs no evidence to keep some individuals hunting for mysteries in the world. But is it entirely impossible that these creatures are simply too intelligent to be found by mankind; that they have understood the way in which we have destroyed the rest of the planet as a direct threat to their own existence or have simply been trying to maintain their species by doing everything in their power to stay away from us? Discovery would undoubtedly bring new knowledge and new questions, but also new fear, new destruction, and new trophies from a new species to hunt. The pursuit of these cryptids can at least be considered more than a laughable fantasy in cryptozoology’s plight for scientific recognition. Until then, by its nature, cryptozoology is bound to remain, at worst, a pseudo-science and, at best, a transitional field of research between mythology and zoology.

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Newton, M. (2009). Hidden Animals. Greenwood Press. Santa Barbara: California. Williams., W. (2000). Encyclopaedia of Pseudoscience. Book Builders Incorporate, New York: NY. Dendle, P. (2006). Cryptozoology in the Medieval and Modern Worlds. Folklore, 117:2, 190-206.

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Bunge, M. (1984) What is Pseudoscience. The Skeptical Inquirer, 9, 36-42. Beyerstein, B. (1996). Distinguishing Science from Pseudoscience. Department of Psychology: Fraser University. Victoria: B.C. 6. Martin, M. (1994). Pseudoscience, the Paranormal, and Science Education. Science and Education, 3, 357-321. Mclendon, J. (1984). Deviant Science- The Case of Parapsychology. Press USA. University of Pennsylvania. a:221, b:36. Alley, R. (2003). Raincoast Sasquatch- The Bigfoot/Sasquatch Records of Southeast Alaska, Coastal British Columbia & Northwest Washington from Puget Sound to Yakutat. Hancock House Publishers Ltd. Surrey: B.C. Heuvelmans, B. (1958). In the Wake of Sea Serpents. Mill and Wong, USA. a:29. Nickell, and Radford. (2006). Lake Monster Mysteries. The University Press of Kentucky, Kentucky. Hines, T. (1988) Pseudoscience and the Paranormal. Prometheus Books, Buffalo: NY. Kubodera T., and Mori, K. (2005). First-ever observations of a large giant squid in the wild. Proceedings of the Royal Society, 272, 2583-2586. Barber, R., and Riches, A. (1971). A Dictionary of Fabulous Beasts. Macmillan London Ltd., Toronto. Hutchins, J. (1968). Discovering Mermaids and Sea Monsters. Shire Publications, Tring: Herts.


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Media frames of the Ontario Safe Streets Act: assessing the moral panic model Michael Bates This study was conducted under the supervision of Professor Bill O’Grady, Department of Sociology, College of Social and Applied Human Sciences, University of Guelph, Guelph, Ontario, Canada This paper assesses the “moral panic” framework of Stanley Cohen with reference to panhandling and squeegeeing in Ontario. There are four general tenets of the moral panic model, three of which can be said to have been documented in the case of panhandling in Ontario: a recognized threat (panhandling), a rise in public concern, and punitive control mechanisms established to eliminate the threat. This paper argues that the fourth tenet, a stereotypical presentation of the moral threat to the social order, has not been systematically analyzed, and therefore that is the task of this paper. Specifically, this paper examines the framing used by the mainstream print media in Ontario to construct the panhandling/squeegeeing problem. Articles and letters to the editor were sampled from two mainstream Ontario newspapers, the Toronto Star and the Ottawa Citizen, to examine the mainstream media’s framing of panhandling and squeegee cleaning. This sample was taken between 1995 and 2005, a timeframe which revolves around the implementation of the Ontario Safe Streets Act 2000, which is recognized as the punitive control mechanism designed to eliminate the threat of panhandling. The findings of this paper lead to the conclusion that panhandling in Ontario during the implementation of the Ontario Safe Streets Act does not constitute a classic moral panic by virtue of the role the media played. However, the evidence that punitive control mechanisms were established absent the support of the mainstream media suggests that a deeper understanding of the role of mainstream media as well as political interests is required with respect to framing moral panics.

F

or years sociologists have argued that the mass media plays a key role in shaping and/or reflecting public opinion[1,2]. There are two opposing perspectives about the role the media plays in contributing to social change. One perspective suggests that the media is an independent body of organizations which are critical of the status quo and are active in instigating social change. The alternative perspective views the media as a tool used by those in the upper echelons of society to maintain the status quo by promoting its economic and political agendas. The latter of these two views, which is informed by a political economy perspective, argues that those who own and control the mass media (economic elites/bourgeoisie) also have an influence, if not a strong presence, in the political decision making process. The elements of political decision making power and control of media outputs has the effect of legitimating political decisions and actions of economic elites within a public forum. Associated with this perspective, which will be termed “media hegemony”[3] but with more nuanced undertones, is the “moral panic” framework of Stanley Cohen[4]. Although the framework has been tested, amended and revised over the past thirty-five years or so, the general tenets of the model have endured and remain relatively intact today. * There are

four broad characteristics of a moral panic: a condition, episode, person or group of persons labeled as threatening societal values; increased public concern over the perceived threat; the media presents the threat in a stereotypical fashion; and punitive control mechanisms are created to reduce or eliminate the threat [4]. A key feature of a moral panic is that the level and character of the threat, as reported by the media, is normally exaggerated and reflects a stereotypical perspective that is contrary in terms of how the behavior or condition is measured by official statistics or the harm that is invoked on society. For instance, in a study of a moral panic that took place in the USA in the 1980s over so called “crack babies”, claims in the media were made suggesting that the infants of crack addicts were born addicted to crack and had to undergo detoxification and would later face major learning disabilities. As a result of these and other drug related fears, incarceration rates rose astronomically in the United States for people convicted of drug related offences. However, research and statistics later showed that such claims about crack babies were greatly misleading and exaggerated [13]. This shows how media reporting can support, add legitimacy to, and in some cases instigate social change. Goode and Ben-Yehuda suggest that the media, as an “interest group” contributing to public

*Examples of moral panics include: mods and rockers[4]; attacks on women[5]; violence against the elderly[6,7];

school shootings[8]; Satanism[9]; muggers[10]; drug users[11]; and adolescent sexuality[12].

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discourse, can and do make claims which can become moral panics, at times independent of elite interests[14]. This opposes the concept of media hegemony. With respect to the research methods used by those who study moral panics, a common practice is to include excerpts from the media (e.g. newspapers, magazines, and television) to support Cohen’s assumption that the media plays a key role in creating such social constructions. Normally such evidence appears in the form of images and quotations which are taken from the press as an indication of how the media have framed the labeled deviants or threat responsible for the panic. However, the question that remains is: how representative are these examples when they are used to support the assumption that the mass media in general props up and supports moral panics? Past research on moral panics has not always systematically analyzed the mainstream media and the role it plays in generating moral panics. This is the general issue that will be explored in this paper. Events surrounding the Ontario Safe Streets Act (OSSA) will be examined within the context of how the mainstream press in Ontario (The Ottawa Citizen and the Toronto Star) covered stories related to the law which prohibited activities such as “aggressive” panhandling and solicitation on Ontario road ways. Consistent with the propositions of the moral panic model addressed above, the way in which mainstream media framed its coverage of the OSSA, panhandling, and squeegeeing will be examined. Was the coverage presented in a manner which supports and promotes the position taken by the Ontario conservative government who passed this law and order legislation in 1999, or was coverage critical of the Act? Articles and letters to the editor from the Toronto Star and the Ottawa Citizen (two large mainstream newspapers in Ontario) will be used as data for this analysis. The central question that will guide this research is: how do the Toronto Star and Ottawa Citizen frame the activities of panhandling and squeegee cleaning in Ontario in relation to the implementation of the Ontario Safe Streets Act?

Winnipeg and Montreal) that seek to abolish acts related to income generation which are not regulated within the confines of the labor market, such as panhandling and/or squeegee cleaning [16]. Interestingly, this is also characteristic of moral panic theory which suggests that social control mechanisms are designed not only to eliminate a perceived threat but to preserve and reassert dominant societal values (such as “legitimate” economic gain) [9]. When the Ontario government proposed the OSSA in 1999 it alleged to have done so because of the claims it received from authorities and the public that panhandlers and “squeegee kids” were disrupting and aggravating pedestrians/motorists, intimidating them and making the streets unsafe [15,18]. This constitutes a rise in public concern which is central to the moral panic model. A short time afterwards, Ontario Cabinet Minister Jim Flaherty gave a statement at Queen’s Park that: “Today marks an important step in keeping Ontario's streets safe for law-abiding citizens” and “The people of Ontario have the right to walk on the streets and use public places without fear or intimidation” [19]. This shows that the laws, as well as the rhetoric used to promote them, clearly separates the homeless population from the rest of the “law abiding” citizenry. In many respects the development and implementation of the OSSA is in keeping with Cohen’s notion that key elements of moral panics are the legal mechanisms that are put into place in order to control groups who are a perceived threat to the moral order. There is no doubt that some of the press at the time did portray squeegee cleaners as a menace to society and as a group in need of control [20]. ** However, as stated previously, little is known about the role that the mainstream media played in this series of events that could be interpreted as a moral panic. To clarify, “mainstream” is used to describe the largest circulation papers in Ontario. The Sun, for instance, was not selected due to its marginal circulation compared to the Star and Citizen. However, it could be deemed “mainstream” in the sense that it tends to be right winged and therefore potentially supportive of legislation such as the OSSA, but this is not how mainstream is defined here. How did large circulation newspapers cover the OSSA? Did they, as would be predicted by the moral panic framework, demonize and present negative images of panhandlers and squeegee kids which would be consistent with and supportive of the government’s decision to outlaw squeegee cleaning and “aggressive” panhandling in Ontario in 2000? It is important to systematically understand how the mainstream press covered this topic. If it did so in such a way that “squeegee kids” and their like were demonized, and calls for control were made loud and clear, then Cohen’s interpretation of the role that the media plays in a moral panic is supported. However, if mainstream press coverage is generally unsupportive, and does not endorse a law and order frame related to topics covering “squeegee kids”,

The Ontario Safe Streets Act Critics have suggested that the Canadian state has adopted a general pattern of neoliberal public policies which are responsible for anti-panhandling bylaws, legislation such as the OSSA, and a zero tolerance policing philosophy [15, 16]. One characteristic of neo-liberalism is that it directs attention towards minimizing alternatives to wage labor [17] and seeks to have people produce income through “legitimate” means (i.e. employment within the labor market) regardless of pay and working conditions. It can be argued that homeless people, as a distinct population, are generally perceived to be lazy, drug addicted, and criminogenic and thus do not contribute to economic activity in society – a major requirement for citizenship, according to supporters of neo-liberalism. For these reasons it has been argued that “safe streets” types of laws have emerged in several cities across the country (e.g. Vancouver, Calgary,

**The Toronto Sun and the a.m. “talk” radio station CFRB are two media outlets which supported the OSSA.

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panhandlers and the OSSA, then the role that the media plays in the creation of what could be described as a moral panic will need to be re-examined. The Methods section of this paper will describe the manner in which these questions will be empirically addressed.

RESULTS AND DISCUSSION Results The graphs constructed from the analysis of the newspapers were prepared in order to examine how the media framed homelessness surrounding the drafting and implementation of the Ontario Safe Streets Act. As such, the focus when reading the following graphs is between the years 1998 and 2001, when concern about panhandling and squeegeeing was at its highest in Ontario. It should also be noted that the percentages in each of the four graphs are calculated by year. For example, if there are eight welfare framed articles in a year with ten sampled articles in total then the percentage of welfare framed articles for that year will read as eighty percent. Figure 1 shows that that the welfare frame dominates throughout the ten year period, but that it is somewhat less prevalent in the beginning, middle, and end of this period. The charity frame occurs less frequently than the welfare frame and fluctuates over the ten year period. Of the three frames included in Figure-1, the law and order frame is the least prevalent. However, it rose slightly in 1998, the year preceding the introduction of the OSSA. The data in Figure 2 clearly indicates that the welfare frame consistently dominated the ten year period. Although at relatively low frequencies, there are a steady percentage of articles espousing law and order frames from 1997 through to 2001 (when the OSSA was introduced and implemented). However, a total absence of law and order framing occurred for the remainder of the time period. The charity frame is present consistently from 1998 to 2000 and is most apparent from 2002 to 2004. After comparing the data from Figures 1 and 2, the frames found in the articles from the Citizen and the Star are very similar: the welfare frame dominated news stories in both publications.

Figure 2. Frequency and type of frame for Ottawa Citizen articles

Unlike the previous two graphs that examined news articles, when data are examined in letters to the editor Figure 3 shows that while welfare framing is consistently present throughout the ten year period (with the exception of 2002 and 2003), law and order framing is noticeably present between 1997 and 1999, and again in 2002. In fact, it overtakes welfare framing in 1999 and 2002. Charity framing is present during 1995 and 1996 but is absent for the rest of the time period. Figure 4 shows that both welfare and law and order framing peak and valley frequently throughout the ten year time period. Conversely, the charity frame was consistently absent until a slight rise in 2004. Similar to the previous figures which examined the articles, law and order framed letters to the editor for Figure-4 grew in number from 19982000. After this time law and order framed letters continued to fluctuate but were consistently present until 2004. Comparing the articles with the letters yields noticeable differences. It appears that the framing found in the articles, for both newspapers, holds a more stable pattern over time. For instance, the welfare frame dominates the Toronto Star articles over the ten year period, hovering between sixty and ninety percent. Conversely, the pattern for the welfare frame in the Toronto Star letters to the editor fluctuates widely over the ten year period. Such variation can be found for the law and order frame and, to some extent, the charity frame as well. The stability of framing is also noted in the Ottawa Citizen articles although, as with the Toronto Star, the stability is absent from the Ottawa Citizen letters to the editor. Thus, when comparing the articles with the letters to the editor the most obvious difference is that the letters to the editor graphs contain more drastic rises and falls with respect to both welfare frames and law and order frames. Secondly, there are a higher percentage of law and order frames present in the letters to the editor compared to the articles; this occurs for both newspapers. The law and order frame dominates the welfare frame for two years in the Toronto Star letters to the editor while it falls quite short of overcoming the welfare frame in the Toronto Star articles. The same is true of the Ottawa Citizen; the law and order

Figure 1. Frequency and type of frame for Toronto Star articles

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Studies by Undergraduate Researchers at Guelph Vol. 5, No. 1, Fall 2011, 11-17 outlets remain relatively stable over time regardless of the ideals and actions of governing powers, this in itself suggests that they operate somewhat autonomously. As the results indicate, there is a much higher prevalence of law and order framing contained within the letters to the editor than within the articles. Prior research suggests that some social problems tend to take a more liberal or “benevolent” frame within the articles or columns section of a newspaper [22]. This of course depends on the newspaper, as some tend to be more liberal minded then others, as are the Toronto Star and Ottawa Citizen [18]. Why then does there appear to be a much higher prevalence of law and order framing in the letters to the editor in these two newspapers? First of all, in order for letters to be published it necessitates that they have been submitted to the papers by interested readers. It is possible that all the letters to the editor relating to panhandling were published in the newspapers examined. However, this is unlikely because any large circulating paper, like the Toronto Star or the Ottawa Citizen, publishes only a portion of the letters it receives[23]. It follows that editorial decisions are required to determine which letters get published. Findings from other research show that editors are often concerned with presenting a balanced debate within letters to the editor, especially over a contentious social issue [23, 24]. A problem such as aggressive panhandling and/or squeegee cleaning is very contentious and clear cut; either you side with the homeless or against them. That is why the letters to the editor in this study show more of a balance between law and order framing and welfare framing than the articles. It is also most likely why there is an absence of charity framed articles. The findings obtained in this study suggest that the role that the mainstream press took over the concern about squeegee kids and aggressive panhandling does not constitute the role that the media should play according to a classic moral panic scenario. The development of squeegeeing and aggressive panhandling as a social problem

Figure 3. Frequency and type of frame for Toronto Star letters to the editor

frame dominates the welfare frame for three years in the letters to the editor while it is far from overcoming the welfare frame in the articles. A third distinction is that the letters to the editor have a lower percentage of charity frames when compared to the articles. Discussion The results obtained in this analysis provide evidence that the mainstream press in Ontario is not hegemonic as has been previously argued in some of the moral panic literature. While there is some evidence to suggest that law and order frames rose around the passage of the OSSA (particularly letters to the editor), overall the articles were consistently welfare oriented while the letters to the editor fluctuated a great deal. Hence, the results in this study indicate a lack of support for what is known as “media hegemony”[3] or the “dominant ideology” model [21], both of which have been associated with the role played by the media in constructing moral panics. Media hegemony asserts that forms of news media perpetuate the status quo by presenting the cultural views of the dominant class [3]. As discussed earlier, this concept is rooted in Marxist thought by stressing that the dominant class controls media outputs for its benefit. Rather, according to this analysis, the mainstream print media operates more autonomously than media hegemonists have asserted. According to the moral panic model, both articles and letters to the editor should have taken a law and order frame most often, especially during the time period surrounding the implementation of the OSSA. When viewed overall, the data collected in this study shows that the welfare frame was the most dominant. Although, it should be noted that the newspapers used in this study, especially the Toronto Star, have a history of espousing news stories from a liberal perspective and therefore the findings could be deemed predictable. Had this study used different print media for analysis such as the Toronto Sun or the Globe and Mail, results may have differed. Therefore, the findings of this study are somewhat limited in that they do not contain a comprehensive analysis of print media that promote different ideologies. However, if ideological tendencies of media

Figure 4. Frequency and type of frame for Ottawa Citizen letters to the editor

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emerged in a fashion that was similar to the moral panic model - there was an increase in public concern over squeegee kids and aggressive panhandlers in the late 1990s and this appeared in some media outlets [18]. It is also likely that such concern played a role in leading the Ontario government to implement control mechanisms with the formulation of the OSSA. A missing dimension of what could be considered a moral panic was the absence of a stereotypical portrayal of squeegee kids and panhandlers by the mainstream press. The mainstream press, rather than sensationalizing and perpetuating existing notions of aggressive panhandlers, as would be the case in a classic moral panic scenario, took the side of the homeless and reported the problem using a predominantly welfare minded frame. Instead of portraying the homeless as aggressive and deviant, the Star and the Citizen framed homeless people as victims of the misguided perceptions/actions of the state and public. The reason why the press took a predominately welfare frame may be related to common media practices. In cases of media reports, journalists often must get information from outside sources. In particular, stories that relate to crime are often retrieved from the police [25, 26] and therefore police have a great deal of influence of what frame the story will take by virtue of their control of information and how it is presented. Any news relating to violence or crime is also shown to be particularly entertaining for readers and is often reported in the media [4, 5]. However, news stories relating to panhandling present another highly accessible source, notably the panhandlers themselves. This opposing view often has a personal dynamic that addresses life on the streets, hardships faced and intimidation by police that makes for a more sensational news story. This decision to oppose a law and order framing, as has been discussed, is due to the media being at least semiautonomous from the influence of elites but it is further argued here that the media sided with the homeless because it recognized the newsworthiness in opposing the stereotypical portrayal of homeless people. In cases of moral panics there are clear victims and offenders that often represent the epitome of innocence and malevolence [9]. Offenders in moral panics include Satanists, criminals and psychopaths. Victims include children, the elderly and women. In the case of panhandling, both the public and the Ontario government framed the problem as one of the offender (the aggressive and possibly intoxicated panhandler or squeegee kid) intimidating/threatening the victim (the law abiding citizen on the street or in their car). In the case of violence against the elderly Sacco argues that the news industry realized the dramatic value in portraying the elderly as victims of street predators [6]. It is argued here that the media recognized the newsworthiness in opposing the stereotypical frame of the violent, aggressive panhandler and presenting the homeless population as victims of an oppressive society.

METHODS Using a random stratified sample this study collected articles and letters to the editor from the Toronto Star and the Ottawa Citizen from the period beginning January 1, 1995 and ending January 1, 2005. This time period was used because the focal point of this study is the Ontario Safe Streets Act, the enforcement of which began in January of 2000. This allows an equal amount of time before and after the Act’s implementation in which to analyze relevant articles and letters. This ten year period is further reduced to three equal periods in order to compare how frames of panhandling and squeegee cleaning changed over the entire duration. Period one is from 1995-1998; period two is from 1999-2001; and period three is from 2002-2004. Both articles and letters were used because they are distinctly different from one another. Articles are generally written by those employed by the newspaper or by those who work on a freelance basis. Letters to the editor come from the paper’s readership. Given the two different formats, including both units of analysis will provide for a more comprehensive assessment of the role that the mainstream press played in framing events before, during and after the implementation on the OSSA. The key search words “panhandling”, “squeegeeing”, and “Ontario Safe Streets Act” were used when electronically searching the citation and document text of the papers. Using systematic stratified random sampling, the articles and letters were separated according to the month and year of their publication; at which point one article and letter was randomly selected from each grouping. This resulted in ninety articles from the Toronto Star, along with twenty-nine letters (some months had no relevant articles/letters). Sixty-five articles were retrieved from the Ottawa Citizen, along with twenty-three letters. This sampling method was utilized in order to provide the researcher with a relatively equal number of articles and letters from two separate newspapers over the ten year period. Organizing the data is this fashion allowed for an analysis which was able to compare frames between the newspapers and also compare frames between articles and letters to the editor—both over a ten year time period. As was mentioned, the Toronto Star and the Ottawa Citizen are the newspapers analyzed in this study. The Star and the Citizen were chosen because they both cater to the largest number of people in two of Ontario’s largest cities: Toronto and Ottawa. While the findings obtained from these newspapers obviously cannot be generalized to the Ontario press in general, both are representative of the mainstream press as, combined, both papers have a Saturday circulation of over 750,000 [27]. To give context, in 2001 the number of private dwellings in all of Ontario was 4,219,415 [28]. Three coding categories were used to analyze the data. The goal was to find common themes or frames that the newspapers used when reporting on the OSSA. The three coding categories which emerged from the analysis were: Law and Order, Welfare, and Charity. The Law and Order

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heading depicts frames that are consistent with, and generally advocate, a law and order policing approach directed towards panhandling and homelessness (including fines, arrests and forcible removal). Alternatively, the Welfare heading depicts frames that are a critique of the law and order approach and generally advocate a social welfare approach with state involvement to solve the problem of panhandling and homelessness. Charity, the third heading, refers to letters or news articles where the public is encouraged to donate to causes which support the less fortunate (e.g. food banks, the Salvation Army, etc.). Refer to Appendix A for two tables which define and provide examples of the three frames used in this study.

mainly due to the fact that most homeless people spend their time in public places, the media has the ability to access them directly for information should they decide to write a story on the topic. Speaking to a homeless person directly is more likely to invoke a conversation that focuses on the struggles of living on the streets, rather than how panhandlers are bad for business or tourism. For these reasons it would be more accurate to view the print media in Ontario as a semiautonomous capitalist enterprise, and not uncritical purveyors of the “dominant ideology”. This study has sought to contribute to an understanding of how the media contributes to social problems discourse using the case of panhandling. The media interprets and adds to discussion of current social problems on a daily basis and therefore contains endless information for sociological analysis. Continued analysis of how and why the media interprets various social problems is important in understanding its complex structure and inner-workings. Analysis is also relevant in determining the media’s ability to shape understandings of social problems and therefore shape the courses of action to remedy them.

CONCLUSIONS Panhandling in Ontario during the implementation of the OSSA cannot be designated the status of a classic moral panic due to the absence of stereotypical media portrayals of the established threat (the “aggressive” panhandlers). Although, it should be noted that even without this component there still appeared widespread concern from the public as well as quick responding legislative action, which was formed to mitigate the public anxiety caused by the perceived threat. This is fundamentally what a moral panic is about; social change and a reassertion of dominant moral values, all of which was accomplished without the support of mainstream media. This suggests that panhandling may be deemed a moral panic but that further understanding of political interests and decision making may be beneficial in this particular case as well as others to better understand politics role in creating/supporting moral panics in general. It has been suggested that, based on the results of this study, there is little support for the idea that the mainstream press in Ontario played a role of perpetuating existing, stereotypical notions of panhandlers and squeegee cleaners in relation to the OSSA. Hence, it puts to question the notion that the mainstream media needs to be “on board” with state efforts to criminalize vulnerable populations. While the government of the time may have had the support of the tabloid press and from some callers and hosts from “talk radio” programs, by no means was it necessary to pass legislation to criminalize a “threat to the moral order” which had little support from the mainstream media. Given the findings of this study, it would be wise for future research that deals with moral panics to more closely consider the role of the mainstream media, and not only rely upon excerpts from peripheral, ideologically loaded commentators. In this particular case it would be prudent to further examine large circulation right winged media sources that reported on panhandling during this time period to gain a more comprehensive analysis of media output. The role that the mainstream press played with regard to the OSSA involved two important elements. First, from a business perspective, the idea that the homeless make for better victims than offenders has more public appeal than presenting the homeless as group of criminals. Second,

ACKNOWLEDGEMENTS The author would like to thank Professor Bill O’Grady for all his help in the formulation and development of this paper. The author would also like to thank the peer reviewers for their comments and suggestions which were much appreciated.

REFERENCES 1. 2.

3. 4. 5. 6. 7. 8.

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Altheide, D. 1978. Newsworkers and Newsmakers: A Study in News Use. Journal of Contemporary Ethnography, 7(3), 359-378. Ericson, R., & Baranek, V. 1991. Representing Order. In Representing Order: Crime, Law, and Justice in the News Media (20-46). Toronto: University of Toronto Press. Altheide, D. 1984. Media Hegemony: A Failure of Perspective. Public Opinion Quarterly, 48, 476-490. Cohen, S. 1972. Folk Devils and Moral Panics: The Creation of the Mods and Rockers. Great Britain: Granada Publishing Limited. Ericson, R., & Voumvakis, S. 1984. News Accounts of Attacks on Women: A Comparison of Three Toronto Newspapers. Toronto, ON: University of Toronto. Sacco, V. 2004. Violence and the Elderly. In J. I. Ross (Eds.), Violence in Canada (pp. 153-185). New Brunswick: Transaction Publishers. Fishman, M. 1978. Crime Waves as Ideology. Social Problems, 25(5), 531-543. Ferguson, C. 2008. The School Shooting/Violent Video Game Link: Causal Relationship or Moral Panic? Journal of Investigative Psychology and Offender Profiling 5(1-2), 25-37.


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DeYoung, M. 1997. Another Look at Moral Panics: The Case of Satanic Day Care Centers. Deviant Behaviour: An Interdisciplinary Journal, 19, 257-278. Hall, S., Critcher, C., Jefferson, T., Clarke, J., & Roberts, B. 1978. Policing the Crisis: Mugging, the State and Law and Order. London: Macmillan. Ben-Yehuda, N. 1990. The Politics and Morality of Deviance: Moral Panics, Drug Abuse, Deviant Science, and Reversed Stigmatization. Albany: New York Press. Lacombe, D., & Barron, C. 2005. Moral Panic and the Nasty Girl. Canadian Review of Sociology and Anthropology, 42, 51-70. Goode, E., & Ben-Yehuda, N. 2009. Moral Panics: The Social Construction of Deviance (2nd ed.). Chichester, U.K.: Wiley-Blackwell. Goode, E., & Ben-Yehuda, N. 1994. Moral Panics: Culture, Politics and Social Construction. Annual Review Sociology 20, 149-171. Gordon, T. 2004. The Return to Vagrancy Law and the Politics of Poverty in Canada. Canadian Review of Social Policy 54, 34-57. Gingrich, L. 2003. Constructing Identity and Drawing Lines: The Textual Work of Ontario’s Safe Streets Act. Journal of Canadian Studies 37(4), 151-170. Sears, A. 1999. The Lean State and Capitalist Restructuring: Towards a Theoretical Account. Studies in Political Economy, 59, 91-114. Parnaby, P. 2003. Disaster Through Dirty Windshields: Law, Order and Toronto’s Squeegee Kids. Canadian Journal of Sociology, 28(3), 281-307. Ontario Ministry of the Attorney General. 2000. Press Release. Attention News Editors: Squeegeeing,

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Aggressive Panhandling Outlawed Today. Retrieved from: www.newswire.ca/govemment/ontario/english/ releases/January2000/311c4335.htiln January 28, 2010. Hermer, J., & Mosher, J. 2002. Disorderly People: Law and Politics of Exclusion in Ontario. Halifax, Nova Scotia: Fernwood Publishing. Ericson, R. 1991. Mass Media, Crime, Law, and Justice: An Institutional Approach. British Journal of Criminology, 31(3), 219-249. Hoffman, L., & Slater, M. 2007. Evaluating Public Discourse in Newspaper Opinion Articles. Journalism and Mass Communications Quarterly, 84(1), 58-74. Page, B. 1996. Who deliberates: Mass media in modern democracy. Chicago: University of Chicago Press. Hogan, J. 2006. Letters to the Editor in the “War on Terror”: A Cross National Study. Mass Communication & Society, 9, 63-83. Doyle, A. 2006. How Not to Think About Crime in the Media. Canadian Journal of Crime and Criminal Justice, 48(6), 867-885. Ericson, R., Baranek, P., & Chan, J. 1989. Negotiating Control: A Study of News Sources. Toronto: University of Toronto. Canadian Circulations Audit Board. 2009. Daily Newspaper Report for the 12 Month Period Ended December 2009. Retrieved on June 4, 2010 from: http://mediakit.thestar.ca/uploads/pdf/2010/circ/Toronto _Star_CCAB_Audit_Report_Dec_2009.pdf . Statistics Canada. 2001. Ontario Census 2001. Retrieved on October 20, 2011 from: http://www12.statcan.ca/english/census01/products/stan dard/prprofile/prprofile.cfm?G=35.


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Global industries and local development: labour in the Malagasy garment industry Nick Bernards This study was conducted under the supervision of Professor Adam Sneyd Department of Political Science, College of Social and Applied Human Sciences University of Guelph, Guelph, Ontario, Canada This paper examines some of the challenges and opportunities for development in Africa presented by the globalization of production through a qualitative-historical case study analysis of the condition of labour in the garment industry in Madagascar. It argues that this case demonstrates that attempts to incorporate national economies into the global economy on the basis of a comparative advantage in low-value added, labour intensive industries are unlikely to lead to significant development benefits. The paper first develops a historical overview of the development of the Malagasy export garment industry. It is situated within global and local trends towards economic liberalization, the re-orientation of development finance towards foreign direct investment, and the globalization of garment production. Three main structural features of the Malagasy Zone Franche garment industry are emphasized: the centrality of low cost labour, the dominance of low value added labour intensive activities, and reliance on access to markets in the industrialized north. These structural conditions are reinforced by the fluidity and volatility of the sector. The final section considers the impacts of these structures on labour relations in the garment industry. It argues that these structural conditions have kept wages and working conditions chronically poor. This failure to improve the condition of work is indicative of the weak structural position of peripheral economies and the challenges this poses to private sector-led development.

T

he globalization of production presents new opportunities and poses new challenges for economic development in Africa. The development outcomes of populations on the periphery of the global economy are increasingly shaped by the ways in which they are able to fit themselves into global networks of production. The aim of this paper is to examine the interaction of the structures of global production with local contingencies and the impacts this interaction can have for peripheral populations. This problem is addressed here with qualitative and historical case study evidence from the garment industry in the export processing zones (EPZs) in Madagascar (called the Zones Franches). Evidence is drawn from publicly available primary sources, including statistical data published by the Malagasy government, the United Nations Conference on Trade and Development (UNCTAD), the World Bank, and the International Labour Office (ILO), newspaper articles, reports published by the International Confederation of Free Trade Unions (ICFTU) and the Clean Clothes Campaign (CCC), and newspaper articles. I have also drawn heavily on previous academic literature. In particular, I explore the connections between the structure of the global garment industry and the conditions of labour in the Zones Franches between

2000 and 2009. This time period represents to peak of activity in the Zones Franches, the Zones expanded rapidly after being granted access to the United States market through the Africa Growth and Opportunity Act (AGOA) in 2000. The country was expelled from AGOA in 2009 following a military coup. An assessment of present conditions in the sector would require field research well beyond the scope of this project.a In short, this paper asks two related questions. First, ‘What outcomes has their incorporation into global garment production had for workers in Madagascar and why?’ And second, ‘what do these outcomes say about the prospects for development through similar schemes?’ This paper argues that this case demonstrates that seeking development on the basis of a comparative advantage in low value-added and labour intensive economic activities is not likely to lead to significant benefits for peripheral populations. Rather, it is likely to reinforce marginal and dependent patterns of accumulation inhibiting economic development. The first section of this paper briefly considers the global contexts of development finance and changes in the garment industry in which this case takes place. The next three sections consider the historical development

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of the structure of Zone Franche garment sector. The final section explicitly considers the impacts of this structure on the condition of labour in the Zones Franches.

the developing world would enjoy a considerable comparative advantage attracting investments in labour intensive industries because their populations would happily work for very low wages [e.g. 10, 11, 12].b Though much of the empirical evidence that has emerged over the period since would seem to suggest that wages are at best a weak determinant of FDI flows [e.g. 13], these ideas have had a clear influence on policy.

GLOBAL CONTEXT FDI and development finance EPZs have been a popular policy option for states seeking to attract foreign direct investment (FDI). They have become increasingly widespread in recent years. According to one estimate, the number of people employed in EPZs worldwide grew from 43 million to 66 million between 2002 and 2006 [1]. EPZs themselves are best understood as one manifestation of a general trend towards policies aimed at attracting FDI as a means of advancing development, discussed at length by a variety of authors [2, 3, 4, 5, 6, 7, 8]. Since the Third World debt crisis in the 1980s in particular, FDI has been increasingly seen as the only viable means of financing economic development. In part this is because FDI is more in line with the neoliberal trend in development policy. In any event, there are few other viable options for southern governments. Official aid flows are perceived as too often tied up in the political objectives of donors, banks are (unsurprisingly) much less willing to lend money to Southern governments after the debt crisis, and portfolio investments are seen as too volatile [9]. The relevant point here is that, whatever the underlying reasons, developing countries since the early 1980s have generally viewed attracting direct investments from transnational corporations (TNCs) as the best (or the only) available means of achieving greater economic development. Academic consensus in the early 1980s was that

The globalization of garment production Garment production involves four distinct stages (figure 1). The first stage involves the production of fibres. These can either be produced through agriculture (as in the case of wool and cotton) or synthetically. The second stage involves the spinning and weaving of these fibres into textiles and fabrics. The third stage involves the cutting and stitching of these fabrics into garments. This stage is generally mechanized and capital intensive. Larger producers are thus able to realize considerable economies of scale. Garment assembly is not particularly suitable to mechanization, and tends to be more labour intensive, less centralized, and have considerably lower profit margins than textile production [14, 15, 16, 17].c Finally, garments are marketed and distributed, frequently by large TNCs with well-known brands (e.g. Wal-Mart, Nike, Adidas, Levi Strauss). These firms are able to establish standards of quality, price and speed that must be met by earlier stages of production [15].d The globalization of garment production, then, refers to the trend since roughly the 1970s towards the fragmentation and global dispersal of these stages of activity. From the mid 1970s onwards, employment in the garment assembly stage has rapidly been transferred to low wage jurisdictions in the developing world. This

Value Chain For Clothing Consumer Market Garment Retailers

Design, Branding, Marketing

Garment Assembly Zones Franches

East Asia

China

Textile Manufacture Spinning, dyeing, processing etc.

Natural Fibres Agriculture

Synthetic Fibres Industrial Production

Fig 1. Value chain for clothing.

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has not been the case with the other stages of production [14, 15]. Garment assembly operations have become increasingly fragmented, while the production of textile inputs and the distribution of finished products have become increasingly centralized. Profits margins at the assembly stage have thus tended to be very low, owing largely to very intense competition in garment assembly relative to the other stages. The globalization of garment production has been uneven and unequal. It is specifically the low valueadded, labour intensive stages of the production process, namely garment assembly and some of the agricultural production of natural fibres like cotton and wool, that have come to take place in the global south. Textile production and garment retailing have remained relatively concentrated in the north.

radical reorientation of the state’s approach to development away from planning and public financing and toward attracting investment. The obvious model for Malagasy policy makers was neighbouring Mauritius. Mauritius had begun its own market led development strategy, with EPZs as a central component, in the 1970s. The Mauritian development programme was exceptionally successful. Proponents frequently argue that its EPZs had enabled Mauritius to develop from a poverty stricken economy almost totally dependent on sugar exports to an diversified middleincome country [21, 22].h By the 1980s, the country had developed a substantial garment industry in its EPZs, to the extent that a considerable number of the firms operating there were either taken over by Mauritian owners or transferred their base of operations to Mauritius. For Malagasy policy makers, given similar assets (namely an abundant supply of cheap labour), facing crisis conditions and IMF pressure to liberalize their economy, the Mauritian success undoubtedly seemed to suggest an appealing model. The Zone Franche legislation was passed in 1989. The influence of Mauritius is especially visible in the similarity of the two countries’ EPZ policies. The main concessions to investors in the Malagasy Zones Franches were based on the Mauritian model. The Zone Franche legislation grants a substantial tax holiday and reduced import tariffs for foreign investors. Currently Zone Franche investors pay no taxes to the Malagasy government for fifteen years and a discounted rate of ten percent on all profits earned on goods produced in Madagascar afterwards [24]. Madagascar also followed Mauritius in not limiting EPZs to specific enclaves, rather allowing investors to set up anywhere on the island. In theory, anywhere a foreign manufacturer sets up in Madagascar is a Zone Franche. Despite having this freedom, however, almost all the Zone Franche factories in Madagascar are clustered around the capital, Antananarivo. This is likely largely due to the poor quality of infrastructure in the country. Even in Antananarivo, where the infrastructure is the best developed in Madagascar, apparel firms report an average of 13.7 power outages a month [25].i Notably, unlike many EPZs, the Zones Franches have operated under the same labour legislation as the rest of the island for most of their history. There was some controversy in 2008 over provisions in an updated version of the Zone Franche legislation that were perceived by labour leaders as establishing a separate labour code in the Zones [26, 27, 28]. It is difficult to assess whether or not this new law actually had any impact on labour in the Zones Franches because it was passed only months before the country’s expulsion from AGOA. In any event, however, the country’s labour laws have never been especially well enforced

DEBT, LIBERALIZATION, AND THE ZONES FRANCHES Madagascar has been almost continuously riven by political conflict and crisis for close to 40 years. The state has held chronically low legitimacy and has often struggled to perform even the most basic functions of government. Maureen Covell dates these trends to 1972 when the country gained formal independence from France. This touched off three years of civil war, which would come to an end with General Didier Ratsiraka gaining power in 1975. In Covell’s words, “the 1972 revolution marked an important change in the nature of Malagasy society: social cleavages and tensions once hidden by a ‘peaceful if melancholy’ appearance have, since May 1972, broken out in periodic urban riots and rural revolts” [18].e Ratsiraka established an interventionist economic system often classified as ‘socialist’ or even ‘Marxist’.f The government of Madagascar, however, lacked the resources to finance such a scheme. The results were disastrous. By the 1980s the island was in deep economic crisis. Ratsiraka’s government found itself struggling to finance its programs, with a budget deficit in 1981 climbing to roughly 19 percent of the gross domestic product [19].g Ratsiraka’s government had clearly overextended itself. The liberalization of the Malagasy economy, including the implementation of the Zone Franche programme, was driven by this crisis. In many southern states faced with the same problem, neoliberal ideas offered a solution promising economic growth without needing to address the difficult problem of enhancing state capacity [20]. This was undoubtedly true for Madagascar. Ratsiraka’s government, like many others in the South at the time, turned to the International Monetary Fund (IMF) for financial assistance and adopted a program of economic liberalization. This entailed a

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(discussed below). Investment in the Zones Franches became a crucial source of employment in Madagascar. The largest foreign investor in monetary terms in Madagascar, Shell Exploration and Development Madagascar, employed all of sixty-six Malagasy workers in 2002. The two largest foreign-owned employers, in terms of employees, in 2006 were a French rubber manufacturer and a South African-owned company that had exclusive license to operate the country’s railways. The next four largest foreign employers in order were all Zone Franche garment manufacturers. Further, these were the only other foreign firms with upwards of one thousand Malagasy employees and the only significant employers on the list who had actually established new operations rather than taking over privatizing state businesses [29]. The Zones Franches have proven attractive to international garment producers. The policy features discussed here remained in place for the entire time period in which the Zone Franche legislation has been in effect, with a few relatively minor amendments. The substantial developments over the course of the period have largely been the result of changes to the relevant international trade regimes, the instability of the Malagasy political regime, and volatility in the global markets for textile inputs and finished garments. I deal with these developments in the following subsection.

among garment manufacturers, and rising input prices. Mauritian firms were further faced with escalating labour costs. Some Mauritian garment manufacturers tried to respond to these pressures by establishing their own brands with consumers in Europe in a bid to increase the prices they could command. However, given their limited resources, the sheer distance of the major world markets in Europe and North America, and the very high barriers to entry into the more profitable activities of branding and retailing, it is not surprising that these efforts failed [30].j Cutting labour costs by moving some or all of their assembly activities to Madagascar’s Zones Franches proved to be a more sustainable solution to the problem. Wages in Madagascar are less than a third of the rate in Mauritius, and indeed are among the lowest in the world [31, 32]. The relatively low cost of labour in Madagascar remains centrally important to the Zones Franches. The activity in the Zones remains limited to garment assembly, and low wages remain the chief driver of investment. This homogeneity is problematic. Garment firms operating in Madagascar overwhelmingly cut and stitch garments, only a small few produce textiles. Further, the few textile-manufacturing firms present on the island deal entirely in cotton and other natural fibres, with no production of more profitable synthetic fibres taking place [33].k In any event, the country’s capacity to produce apparel is more than twenty times greater than its ability to produce textiles [25].l An overwhelming proportion of the investment in the Zones is courtesy of garment assembly firms trying to relieve the pressures of rising costs upstream and shrinking prices downstream by cutting labour costs. m The lack of textile production also means that the firms in Madagascar have to rely heavily on imported inputs (discussed below). Cheap labour, then, has become deeply entrenched as a part of the structure of the Zone Franche sector. Global competition in garment production, especially from China, is intense [35]. The Zones Franches are, for the producers who invest in them, a means of alleviating some of the pressure on their profit margins from that competition. The poor conditions of labour in the Zones Franches (discussed in detail in below) are thus not a matter of unethical exploitation but rather a structural condition. This is not to suggest that suppliers are necessarily benevolent towards their workers, or that given the opportunity they would pay them any more than they do. Notwithstanding the intentions of garment manufacturers, however, the structure of the garment industry is such that manufacturers have little choice in terms of the labour costs they can take on. This point is borne out by the fact that labour conditions have not

WAVES OF INVESTMENT AND THE STRUCTURE OF THE ZONES FRANCHES The Zones have attracted two main waves of investment, both driven primarily by exogenous factors. The first took place in the mid-1990s, coming mainly from Mauritius. The second wave took place in the early 2000s, originating from Asian and American firms and driven by the implementation of AGOA by the American Congress. Three main structural features of the Zones Franches emerged through these successive waves. First, investments in the sector primarily seek out cheap labour. Second, investments remain largely restricted to the labour intensive assembly stage of garment production. These first two have been clearly evident throughout the history of the Zones Franches. Third, these investments are dependent on access to markets in the developed north. This third feature has become more evident with the second wave of investment spurred by AGOA. The first wave: Mauritian investments The position of the Mauritian garment industry in the early 1990s largely explains the first wave of investment in the Zones Franches. Mauritian garment firms found themselves squeezed between rapidly consolidating global retailers, intensifying competition

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Studies by Undergraduate Researchers at Guelph Vol. 5, No. 1 Fall 2011, 18-29 considerable doubt [37].o For these reasons, the Zones Franches were dramatically transformed by the implementation of AGOA and its Special Rule for Apparel, both of which gave firms operating in Madagascar access to the American market. AGOA is an American act of Congress administered by the President, and not a trade agreement. The Special Rule for Apparel grants quota and duty free access to the United States market for apparel manufactured in qualifying Sub-Saharan African countries. Importantly, in contrast to the EU’s Lome Convention, the AGOA Special Rule for Apparel includes different rules of origin for different groups of countries. Products of the ‘least-developed beneficiary countries’ (LDBCs), which include Madagascar, need only to be assembled in a beneficiary country. For nonLDBCs, including Mauritius, the rules of origin are more rigorous [38]. AGOA’s looser rules of origin had two implications. First, firms could benefit from American market access without having to rely on the decidedly inadequate local production of key inputs in Madagascar. Second, Mauritian firms were given an added incentive to move even more production to Madagascar because in doing so they could gain access to the United States market that would not be available for goods produced in Mauritius. AGOA thus spurred more investment from Mauritius along with a considerable diversification of the home countries of Zone Franche investors. Firms from East Asia were especially prominent [37]. There were also some firms already operating in Madagascar’s Zones who sought new opportunities in the American market through AGOA [39]. The impact of American market access on the garment industry in Madagascar was thus considerable. In the words of the head of the Groupement des Entreprises Franches et Partenaires (GEFP- the business association for Zone Franche investors): “I would say that everyone who ships to the U.S. commenced their operations in Madagascar because AGOA was in place” [qtd. 40]. While this statement is doubtless somewhat hyperbolic, it is nonetheless a useful indication of the perceived significance of AGOA to Madagascar. Exports to the United States did undoubtedly grow appreciably under AGOA, much more so than in almost any other African countries [37, 41].p With this second wave of investment stemming from AGOA, the contemporary structural features of the Malagasy Zone Franche sector were more or less established.q First, investors generally set up in Madagascar in search of cheap labour. Second, factories in Madagascar almost exclusively assemble garments rather than produce textiles or retail the

changed appreciably over the period in which the Zones Franches have operated, despite the involvement of a wide variety of firms as investors in the Zones and buyers of its products. The second wave: trade regimes and Malagasy garments Thus, the first two key structural features of the Zone Franche garment industry, that is, cheap labour and the predominance of assembly operations, were largely established by the first wave of investments. The third has become especially apparent with the second wave of investments. The early Mauritian and French investors in the Zones produced almost entirely for the European market, although even then some of the larger Mauritian firms had begun to seek relationships with American buyers [36]. The country’s quotas under the Multi-Fibre Agreement (MFA) more or less dictated the flow of goods out of the Zones. Even cheaply produced goods stand little chance of being competitive in markets intentionally protected from them. The MFA, in Underhill’s words, was “the most spectacular and comprehensive protectionist agreement in existence and became accepted practice within the trade regime” [14].n The MFA represented an explicitly political intervention into the otherwise rapidly globalizing production of textiles and garments. It was negotiated and implemented mainly at the behest of developed country governments (especially France) seeking to prevent the erosion of their domestic garment and textile industries [14]. An agreement was reached at the conclusion of the Uruguay Round of negotiations on the General Agreement on Trade and Tariffs in 1994 to phase out the MFA over a period of ten years. This development, however, was problematic for Madagascar’s garment producers. Madagascar’s quotas under the MFA, while imposing limits on exports, also granted it access to northern markets for production up to its quota. Madagascar’s productive capacity at the time was not nearly high enough to meet its quotas. Thus, its MFA quotas did not represent a limitation on exports in practice [37]. Further, by limiting exports from other parts of the world, the quotas gave Malagasy garments some protection from competition from Asia. Some African products at the time did have the advantage of preferential access to the European market under the Lomé Convention,. However, Zone Franche garments benefited little in terms of EU market access from the Lomé Convention largely because that agreement included multi-stage rules of origin for manufactured goods not met by the products of the Malagasy garment industry, which continued to rely on imported textiles. For a period, then, the imminent dismantling of the MFA left the future of the Zones in

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Studies by Undergraduate Researchers at Guelph Vol. 5, No. 1 Fall 2011, 18-29 virtually shut down.r Thus, when access to foreign markets was cut off, the sector was unable to operate. Perhaps more striking than the speed with which the sector collapsed, though, was that with which it resumed production after the political crisis was resolved. In 2001, 54 800 people were employed in the Zone Franche, the figure for 2002 was less than half that: 21 600.s By 2003 the figure had recovered to almost exactly pre-crisis levels [51]. The pace with which production resumed is a considerable testament to the fluidity and volatility of the relationships between Zone Franche suppliers and global buyers. Production was halted almost entirely, and buyers managed to source their clothes from elsewhere without difficulty. Yet, when the crisis was resolved and the roadblock between Antananarivo and Toamasina removed, Zone Franche investors were able to find new contracts very quickly. Thus, the 2002 crisis was the result of a domestic shock. In a sense garment manufacturers operating in Madagascar were able to benefit from the flexibility of their relationships with retailers by quickly resuming production. However, on at least one occasion since their dependence on a volatile global market has proved problematic for Zone Franche investors. In late 2007 a sharp drop in demand for Malagasy garments led to considerable layoffs across the Zone Franche sector [52]. While it has not been unusual for individual employers to layoff a considerable proportion of their employees when not under contract with a particular buyer, such coinciding layoffs across much of the sector have been rare. That said, the sector recovered quickly from this crisis too. In short, the relationships between Zone Franche producers and global buyers are very fluid, and in 2002 and 2007 this has had sectorwide consequences. The third, as yet unresolved, crisis was sparked by the ejection of Madagascar from AGOA in 2009. Without access to the vital American market, the sector seems to have contracted substantially [53; 54]. Here again, a change in a key structural condition provoked a rapid shutdown of production. This volatility is significant because it helps to reinforce the structural position of the Zones Franches. Any major changes that violate the key structural terms of the sector are likely to provoke rapid de-investment. These structural traits, namely the dependence on cheap labour, the dominance of labour intensive low value-added activities, and the need for favourable trade regimes (outlined above), have to a considerable impact shaped the position of labour in the sector. They have been reinforced by the mobility and volatility of the sector. They have remained constant despite major changes to the orientation of the sector brought on by the passage of AGOA. Up to this point I have outlined

finished products. Third, investors depend on favourable access to northern markets, particularly access to the United States market through AGOA. These features are reinforced by the mobility and volatility of the sector. Because the assembly stage of garment production is highly competitive and extremely mobile, any change in these structural conditions is likely to provoke the withdrawal of investments from the Zones Franches.

CRISES AND VOLATILITY Considerable evidence to support this claim can be found in the recent history of the sector, particularly in three major crises in 2002, 2007, and 2009 respectively. Input sourcing arrangements are highly fluid, and depend on the particular firm and product in question. Whatever their origin, however, it is notable that virtually all material inputs are imported. Different reports have made mention of wool from Australia, cotton fabric from Lesotho, and cotton and synthetic textiles from any of South Africa, China, East Asia, or the United States [25, 33, 42, 43, 44]. The salient point here is that, aside from most of the buttons and embroidery used [25] and the cotton fabric coming from the few textile producers on the island, the Zone Franche factories rely on imported inputs. Relationships with buyers are equally fluid and contingent [45]. Despite the fact that particular suppliers tend to be oriented toward particular markets and particular products, they nonetheless do not normally have especially longstanding relationships with buyers. The fluidity of these commercial relationships is best demonstrated by the volatility of the sector. Since the implementation of AGOA, the sector has gone through two acute crises from which it recovered with striking speed. The first of these was almost entirely domestic in its origins. A stalemated presidential election in December of 2001, pitting Ratsiraka against thenmayor of Antananarivo Marc Ravalomanana, came close to plunging the country into civil war. Ravalomanana, who by most accounts won at least the largest plurality of votes if not an outright majority, declared himself president and took control of the capital city. Ratsiraka disputed the results of the election and went as far as to set up a rival government in the city of Tamatave and call on provincial governors to declare themselves independent [46]. Ratsiraka’s supporters set up blockades on most roads leading to Antananarivo. One of these blockades cut off the only route from the capital to the country’s lone port in Toamasina. Without any means of delivering its products for shipment overseas or bringing foreign inputs to the factories, the Zone Franche sector

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the structural terms on which Malagasy workers have been incorporated into the global garment industry. The rest of this paper will examine the outcomes of this incorporation for workers in the Zones Franches in more detail.

unemployment, short of becoming a street vendor” [qtd. 63].u The general academic consensus is much the same. Most writers argue that the Zone Franche workers would be working in the even more precarious informal sector without their jobs in the Zones [56, 61, 64, 65]. This is further borne out by the fact that in both 2002 and in 2010 when employment in the Zones has plummeted there has been an observable corresponding rise in the proportion of the population of Antananarivo engaged in informal work [51]. In short, foreign garment manufacturers have never lacked for a surplus of workers willing to work for very little in Madagascar. Wages are nonetheless higher in the Zones than in the country on average. This is somewhat misleading, however, for two reasons. First, the country average is strongly distorted because of the predominance of the informal sector. The Zones Franches are the worst paying formal sector of the economy [51]. Second, though they may be better rewarded than informal sector workers, Zone Franche workers make very little, on average the equivalent of 40 US dollars a month. Indeed, a considerable proportion of Zone Franche employees, at least 35-40 percent, make less than the (already very low) statutory minimum wage [51].v The Zones Franches do provide some degree of benefits not available to workers employed by domestic firms. Indeed more Zone Franche workers have access to company medical service than even public sector workers [66]. As Cling et al. point out, however: “Doubtless, this favorable treatment of Zone Franche employees, albeit relative, should not be attributed to the company heads’ philanthropic tendencies, given that their main reason for setting up in Madagascar was the low cost of labor” [64].w The relevance of these slightly higher wages and benefits is also attenuated by the very high rates of turnover in the Zones. Many employees are quite young, the jobs are seen as a last resort, and few entertain any ambition of continuing to work in the sector for long. The high rate of turnover is also likely partly related to the work itself. The work is generally difficult and relations with management are often very poor. Zone Franche employees work on average 53.9 hours a week [66]. The local press has used the word ‘miserable’ on a number of occasions to describe working conditions [67, 68]. Relations with management are often poor. As one Zone Franche worker puts it [69]:

LABOUR IN THE ZONES FRANCHES The condition of labour is a useful place to explore the impacts of these structural conditions on potential development outcomes because workers are the segment of the Malagasy population most directly engaged with the garment industry. Ultimately, given the very limited taxes charged to Zone Franche operators and the lack of commercial linkages to the rest of the country’s economy, if the Zone Franche strategy is to have positive development impacts these will have to come through the wages and benefits granted to the workers in the sector. Unfortunately, the evidence examned here offers little reason for optimism. In broad terms, Madagascar is fairly reflective of pan-African trends in labour relations. Horwitz identifies several features of labour policy-making in the continent as a whole. A few of these are clearly visible in Madagascar: a restrictive atmosphere for unions, heavy collaboration with the International Labour Office in formulating policy, and the progressive liberalization of labour regimes since the 1980s [55]. As is the case in many EPZs globally, the labour force is predominantly young and female, wages are very low, rates of unionization are minimal and conditions are often very poor. The employees in the Zones are roughly 70 percent female [56, 57]. The high proportion of women in the labour force is not insignificant. Indeed, it would seem to fit with a broader trend towards the ‘feminization’ of low skill jobs identified by some writers [58, 59]. However, lacking detailed information on the importance of gender in the hiring practices of firms, different employment preferences of men and women in Madagascar, and information on gendered differences in pay, status, or conditions in the Zones Franches, I cannot comment effectively on the importance of gender here.t Wages remain low in large part because of chronic under- and unemployment in Madagascar [61, 62]. More than half of the working population of Antananarivo is engaged in the informal sector at the best of times, and indeed from 2002-2006 that proportion hovered between 58 and 60 percent [51]. The labour force of the Zones Franches is drawn from this population. According one worker from the Zones: “You only look for a job in an EPZ factory when you’ve exhausted all hope of finding one anywhere else. For many women it’s the only way to escape

The problem is the relationship between the employer and the workers ... we have no dialogue with our employer. He says what has to be done and we simply have to do it. When our employer talks to us it is always very harshly. And when we ask a favour, like

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raising the table a little because we have a pain in our chests from bending over, he tells us off.

higher value added sectors has further reinforced the importance of cheap labour. Given the mobility and fragmentation of investments in garment assembly, neither state intervention nor independent organization on the part of workers themselves seems to offer much hope of improvement. The reliance on access to northern markets has had less direct impacts on labour, but it does nonetheless underline the limited control over the development outcomes of the Zones Franches held by Malagasy workers and policy makers. The sector is only viable if its products can be sold to markets beyond the control of Malagasy workers and policy makers. The success of the Zones Franches thus depends on political arrangements often negotiated without their input (as n the case of AGOA). Its products can also only be profitably sold to retailers controlling access to those markets if labour is poorly rewarded. The Zones Franches thus face something of a paradox. As long as wages and work conditions remain poor, the contribution of the Zones to Malagasy development will be limited at best. However, any serious attempts to improve wages and working conditions run the risk of shutting the Zones down altogether. In any event, given the historical weakness of the Malagasy state and the lack of effective labour organization in the Zones, no such effort to raise wages is likely forthcoming.

Factory managers have little incentive to foster good relationships with workers because they have access to a considerable pool of unemployed or underemployed labour. Workers tend to leave rather than seek to improve conditions. The instability of the workforce and occasional intimidation by factory management [67] have also combined to prevent any significant union presence from developing in the Zones. The proportion of Zone Franche workers in unions has consistently hovered around 14 percent [70]. In 2005 only one employer in the Zones Franches had actually signed a collective bargaining agreement [71]. The Malagasy government, whether through inability or unwillingness, has been criticized for failing to adequately protect freedom of association in the country at large, and especially in the Zones Franches [72, 73, 71]. An interesting comparison with respect to unionization might briefly be made to Lesotho, another significant AGOA garment producer. Union density is considerably higher; close to fifty percent of workers are members in the Lesotho Clothing and Allied Workers’ Union [74]. Two points are important. First, evidently unionization is not totally determined by structural constraints. The global structure of the garment industry is the same for Lesotho as for Madagascar, and yet the outcomes in terms of worker organization are very different between the two cases. The structure of production in the garment industry undoubtedly functions to inhibit effective organization, but structural constraints interact with local contingencies and ultimately with individual agency. In contrast, however, outcomes in terms of wages and conditions of work are little better in Lesotho than in Madagascar [74]. While structural pressures do not necessarily prevent unionization, isolated organization on the periphery of the clothing industry seems to have had little impact on the distribution of income through the structure of production. In sum then, it would seem that the outcomes of incorporation into global garment production for labour in the Malagasy Zones Franches have been poor. Further, these outcomes are connected to the structural terms on which that incorporation has taken place. Madagascar participates in the global production of garments as a source of cheap labour for low valueadded activities. Though the Zones Franches certainly did not create the pool of surplus labour from which they draw, they have also failed to have any really positive development outcomes because they are structurally inhibited from raising the cost of labour. The inability of the Zones to attract much investment in

CONCLUSION The Zones Franches have failed to make a significant contribution to Madagascar’s development because Malagasy populations continue to be able to participate in the global garment industry only through the most labour intensive and low-value activities. While the state has managed to attract relatively large amounts of FDI through the Zones Franches, these investments have failed to make a significant contribution to Malagasy development. x The persistently poor conditions of labour are indicative of the core problem with this strategy. Competing for investment on the basis of a comparative advantage in a marginal sector of economic activity has served only to reinforce the marginal, volatile, and dependent position of the Malagasy population in the global economy. The persistence of poor labour conditions, volatility, and the dominance of low value assembly activities in the Zones Franches despite significant political shifts domestically and in the global trade regime stands as strong evidence that the Zone Franche strategy has indeed reinforced the structural position of Madagascar’s economy in the world. This case would seem to indicate that development strategy can ill-afford to overlook the structural position of a country’s economic activities. Comparative advantage can be a trap when a particular population’s

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advantage lies in marginal and low-value economic activities. In such cases, as in Madagascar, simply pursuing investments in those areas of comparative advantage will likely reinforce undesirable patterns of activity rather than spurring economic development. Development will require developing the means of acquiring new capacities and the means of capturing a greater share of global production. This case, unfortunately, offers few suggestions as to how that might be possible. Further, the persistently weak Malagasy state will likely not have the capacity to implement policies along these lines at any point in the near future. Nonetheless, real economic development will not be possible without the development of some means of doing so, whether by the state, the private sector or through international institutions

from EPZs in a number of countries Raworth and Kidder argue that garment manufacturers tend to pass along the costs of competing with each other on cost and speed to workers [34]. n p. 4 o p. 1809 p The only others to take advantage of the Special Rule for Apparel to a comparable extent are Lesotho and possibly Swaziland. q This is, of course, notwithstanding the uncertainty surrounding the sector and indeed the entire country since 2009. r For detailed accounts of the electoral crisis see Marcus & Razafindrakoto 2003a; Marcus & Razafindrakoto 2003b; and Randrianja 2003 [47, 48, 46]. For an assessment of the economic damage caused by the crisis, see Cherel-Robson & Minden 2002 [49]. It is worth mentioning in passing that it was also Ravalomanana who was ousted from the presidency in 2009. He continues to claim the right to the presidency from exile in South Africa [50]. s The figure for 2002 is an average of all twelve months. The fact that it is not entirely negligible reflects the production that took place before the road was cut off and the beginnings of the recovery of the sector. t One recent French study finds that economic downturns in Malagasy urban areas disproportionately affect women [60]. However, this study is focused on poverty rather than employment conditions and wages as such. Indeed, if women are disproportionately employed in an economically significant sector especially vulnerable to fluctuation, like the Zones Franches, the fact that they might be overall more impacted by downturns than men should follow almost automatically. u p. 39 v The figure quoted here is for the formal private sector as a whole. Given that the Zones Franches are the worst remunerated segment of the formal private sector this estimate is likely low, but to my knowledge it is the best available. w p. 798 x I would emphasize the word ‘relative’. While the domestic importance of the Zones Franches is considerable, Africa as a whole features only marginally in worldwide FDI flows. The continent captured roughly 5 percent of global FDI inflows in 2009. Much of this money went to resource rich countries like Angola, Egypt, South Africa, Nigeria, and Sudan. Madagascar attracted more FDI than most African countries, but still drew inflows of less than one billion United States dollars [75].

a

Indeed, in the period since the original submission of this article, a South-African brokered compromise seems to have been reached between the major antagonists in the dispute, though to my knowledge Madagascar has not been readmitted to AGOA at the time of writing. b Lal p. 148; Dunning p. 90; Kirkpatrick & Nixon p. 34 c Porter p. 43; Gereffi pp. 101-102; Underhill p. 34 d This picture is undoubtedly somewhat simplified. A number of services (e.g. sourcing, transport, design, marketing) are contracted out by retailers and other firms along the value chain. Nonetheless, these other functions are less important for the purposes of this paper and the outline here nonetheless captures the basically most important functions in garment production. e p. 1 f Indeed, Covell’s book is part of a series on ‘Marxist’ political economies. Ratsiraka’s Madagascar, however, was never part of the Soviet Bloc. g p. 187 h It should be pointed out that while the Mauritian development success is unquestionable, not all commentators are as willing to credit the EPZ strategy for that success as the writers cited here. For instance, Joseph Stiglitz sees education spending as the most important driver of Mauritian development. Nonetheless, insofar as it is relevant to the case under consideration, the key feature of Mauritian policy emulated by Malagasy decision makers was the EPZs [23]. i p. 3.6 j pp. 138-140 k p. 10 l p. 4.23 m Madagascar is not necessarily unique in this respect, based on interviews with workers and management

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39. Cooper, Helene. (2002, January 3). “For African Nations, Trade Bill Alters Thread of Economic Fate --- Textiles and Optimism Soar in Madagascar, but Unanswered Questions Loom --`If I Wasn't Here, I Would Be in the Rice Fields'”. Wall Street Journal Europe. 40. Lough, Richard. “Loss of Trade Deal Could Sink Madagascar Textiles”. (2009, July 17). Reuters. Retrieved from: http://www.reuters.com/article /idUSLH725702 41. Butcher, Arona (2002). U.S. Trade and Investment With Sub-Saharan Africa, 3rd Annual Report. Washington, D.C.: United States International Trade Commission. 42. Regional Agriculture Trade Expansion Support (RATES) Program (2005). Cotton-TextileApparel: Value Chain Report Madagascar. Nairobi: RATES Centre. 43. Salinger, Lynne (2003). Competitiveness Audit of Madagascar’s Cotton, Textiles and Garment Sector. Arlington, Virginia: Nathan Associates Limited/USAID Madagascar. 44. “Industrie de Textile: Enquete sur la Compétivité de Madagascar”. (2009, August 31). Madagascar Tribune. Retrieved from: http://www.madagascartribune.com/Enquete-sur-la-competitivitede,14632.html. 45. de Haan, Esther & Miriam Vander Stichele (2008). Footloose Garment Investors in Southern and Eastern Africa. Amsterdam: Stichting Onderzoek Multinationale Ondernemingen (SOMO). 46. Randrianja, Solofo (2003). “‘Be Not Afraid, Only Believe’: Madagascar 2002”. African Affairs 102: 309-329. 47. Marcus, Richard R. & Paul Razafindrakoto (2003a). “Participation and the Poverty of Electoral Democracy in Madagascar”. Africa Spectrum 38(1): 27-48. 48. Marcus, Richard R. & Paul Razafindrakoto (2003b). “Madagascar: A New Democracy”. Current History: 215-221. 49. Cherel-Robson, Milasoa & Bart Minten (2002). “Impact de la Crise Politique sur the Bien Etre des Menages: les Resultats d’une Evalutation par des Focus Groups Communaunx”. Policy BriefProgramme ILO. Ithaca, New York: Cornell University and International Labour Office. 50. Philip, Rowan (2011, March 5). “Exiled Malagasy President Tells of His Strife, Hope” Retrived From: http://www.timeslive.co.za/sundaytimes/article949 815.ece/Exiled-Malagasy-president-tells-of-hisstrife-hope. 51. Institut National de la Statistique (INSTAT) [Madagascar] (2010). Policy Brief- La Marche du

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Examining medical anthropological theory as a catalyst for the failure of clinically applied medical anthropology Lauren J. Wallace This study was conducted under the supervision of Professor Elizabeth Finnis Department of Sociology and Anthropology, College of Arts University of Guelph, Guelph, Ontario, Canada Medical anthropological theory may be understood in two ways: first as a set of anthropological concepts and second as the application of these concepts. The theoretical concepts themselves are rarely challenged because they have been fairly well developed. However, the approach to theory and its application has traditionally been underdeveloped and thus requires more thought and practice among anthropologists. This paper asserts that a particularly clear example of the problem with the approach to and application of medical anthropological theory can be viewed in the context of clinically applied medical anthropology (CAMA). I examine two medical anthropological concepts that applied medical anthropologists use in their dealings with clinicians – critical medical anthropology and the culture concept. In doing this, I demonstrate that although these concepts are useful and clinicians need to employ them, there are a number of problems with the theoretical approach. I argue that these problems limit the application of these concepts to CAMA and offer preliminary suggestions to resolve them. In particular, clinically applied anthropologists employing critical theory should work to present a more balanced view of the clinic and physician. In addition, anthropologists working in the clinical setting must update the CAMA literature to ensure a thorough assessment of the current use of anthropological knowledge and concepts – such as culture – in medical schools and clinics.

to be applied in clinical settings [4,5]. In the 1980s, this new subfield, clinical anthropology, or clinicallyapplied anthropology, became a hallmark of medical anthropology after a number of discussions at professional meetings were published [6]. My definition of the objective of the subfield is in line with that of Chrisman and Maretzki. They contend that CAA’s [clinically applied anthropology’s] primary goal is “to translate the understandings of anthropology for health professionals so that their service to patients can be more humanistic, holistic and culture sensitive” [7]. Essentially, CAA’s unit of analysis is the clinicianpatient interaction; the anthropologist acts as a cultural broker, applying medical anthropology theory and research findings to create interventions that teach clinicians to place the biomedical concept of disease into a psychosocial context [8]. I adopt Chrisman and Maretzki’s definition, but I use the term “clinically applied medical anthropology” (CAMA), which is current usage [9]. Although the goals of CAMA are robust, they have not been realized. Medical anthropology is still largely ignored in western clinical settings. This is evidenced by a critical examination of the medical anthropological literature over the last twenty years, which shows that the training tools and methods developed by medical anthropologists for clinicians are

THE ORIGINS AND OBJECTIVES OF CLINICAL INVOLVEMENT

M

edical anthropology has strong therapeutic and clinical roots. As early as 1918, American anthropologist Alfred Kroeber completed psychoanalytic training and study at the Stanford clinic [1] and Gregory Bateson acted as a consultant for understanding personality and psychological problems [2]. Even Margaret Mead viewed anthropology as a clinical skill [3]. Despite these early encounters between anthropologists and western medical clinics, before the 1960s, clinical work in anthropology gained only sporadic attention in the literature. Instead, there was significant focus on the exploration of cross-cultural health phenomena. The increase in anthropological attention to matters of western healthcare systems in the late 1960s occurred in response to social trends. First, there was the shrinking academic job market for anthropologists, which increased anthropologists’ desire to be visible and marketable for professional positions. At the same time, health education for practitioners was changing; social science was becoming more important in the medical curriculum than ever before. These trends opened a new space for medical anthropologists and were the eventual impetus for defining a novel medical anthropological endeavour 30


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considered today to be peripheral in most western clinics [10]. The failure to operationalize medical anthropological concepts and use them in western medical clinics will be explored first by examining the problems with the approach of critical medical anthropology.

hospital physicians as sexist and the nurses as nonempathetic and racist in their interaction with the rape victim. Medical Oppression By asserting that the medical system works to suppress marginal groups, critical theory can lead clinical anthropologists to portray biomedicine as a Machiavellian institution. This neglects a strongly held position within anthropology: holism [15]. As noted by Lock, racism or hegemonic beliefs are certainly not the only factors guiding the interaction of staff with patients in clinical settings. For example, although physicians are the usual scapegoats singled out by anthropologists as perpetuating hegemony, most work to protect patients from iatrogenesis. Drawing on her work on the genetics of Alzheimer’s disease, Lock shows that physicians can test patients for an allele (ApoE 4) associated with Alzheimer’s disease. However, physicians do not consider genetic testing for ApoE 4 useful. This is because the specific role of the allele in Alzheimer’s disease is not fully understood. Moreover, there is no effective prevention or treatment available for individuals identified to be carrying ApoE 4 [16]. Here, physicians have concluded that this dead end situation could be a depressing reality for the patient. Lock demonstrates that healthcare workers recognize the diagnostic potential of genetic testing and the potential for psychological harm. In this way, they actually work to prevent the unnecessary subjugation of patients. Because critical theory directly contradicts anthropological holism to highlight mainly the deficiencies in the medical system, anthropologists in a clinically applied medical setting are less likely to adopt other insights provided by theory. As noted by Hemmings, it is also important for clinically applied medical anthropologists to present the clinical setting in a more balanced fashion to avoid alienating medical professionals [17]. For example, Hemmings asserts that statements promoted by critical theorists such as Nancy Scheper-Hughes, who states, “praxis must not be left in the hands of those who would only represent the best interest of biomedical hegemony” [18] are offending to clinicians. Good and Good’s description of medical education and the structure of medical knowledge is relevant here. They assert that as students, clinicians learn an alternative way of seeing, one in which their perception of the world takes on a certain “medical gaze”. Here, medical education transforms clinicians to think within the confines of the medical world [19]. Thus, a discussion of the deficiencies of this system in which they are so invested can be seen as an attack on their professional identity. In this way, it is difficult for clinically applied medical anthropologists to be accountable to the

CRITICAL MEDICAL ANTHROPOLOGY Critical medical anthropology, like the political economy of health, strives to understand the potentially unequal distribution of power and wealth in the medical system and its effect on health and healing [11]. To accomplish this goal, critical medical anthropologists often employ a continuum of analysis beginning with the micro-level doctor-patient interaction and extending to the macro-level capitalist world-system [12]. For example, Press demonstrates how ideologies and activities at the level of the macro-capitalist world system, the intermediate-hospital-administration-level, and at the micro-level clinician-patient interaction, come together in his study of an urban general hospital in the United States [13]: [w]ith cost containment in mind, the hospital has maintained a bare-bones nursing staff...Communication between different ranks and types of staff is poor...In the emergency department, female staff resent the lone male nurse who ‘sexist’ physicians often single out to discuss an ‘interesting’ case...In General Hospital, nurses’ disdain of unmarried mothers or assumedly sexually promiscuous black teenaged girls is no less than that of the nurses’ nonprofessional friends and relations. Here, this disdain is given clinical relevance as nurses disgustingly inform the physician that the 14-year-old black girl, [who is a rape victim] presenting with sharp abdominal pains, is ‘another crotch case’... This multi-level analysis, which describes the macro-capitalist propensity to drive down costs, the lack of communication between staff at the intermediate level, and the perpetuation of inequalities in gender, class, and race at the micro-level, produces a variegated understanding of the clinical setting. However, this type of analysis is problematic for CAMA. The key concern here is not the validity of the multilevel approach; rather, it is the advocacy position that critical theory expects clinical anthropologists to take. Through its multi-level approach, critical theory can assert that the medical system is a form of social control which necessarily subjugates marginal groups [14]. This position is evident in Press’s portrayal of the

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political economy of the medical system that critical theory explores, without compromising their position. In entering the clinical setting, anthropologists are in a difficult situation; they must be useful to physicians and uphold anthropological tenets. There is not a quick and easy strategy that promotes the maintenance of anthropological holism while simultaneously avoiding the alienation of clinical colleagues. One potential solution will become evident in the following discussion of the problems with a solely “anthropology of affliction” [20].

anthropological educational programs, critical medical anthropology needs to be applied with a more balanced approach to appreciate both the doctor and patient perspective. Stein, based on his work coordinating a behavioural science program for residents at a family medicine clinic, has shown that the ethnographic method can be used effectively to understand clinicians and to create educational programs which meet their needs. For example, through the clear understanding of residents’ lives, as a result of the ethnographic method, Stein has developed strategies to motivate medical residents to read behavioural sciences literature. He suggested readings for the resident’s journal club, which directly correspond with their patient cases. In addition, over time he was best able to understand the clinical setting not by competing in the medical science hierarchy, but rather, by creating an informal position for himself [23]. Perhaps, to address the issues of holism in critical theory, preliminary ethnographic exploration and rapport-building would be most effective—as demonstrated by Stein. Using ethnography, the anthropologist could work with doctors to identify the political and economic issues pertinent to their clinical setting. Such an analysis might show how physicians adopt an altruistic stance towards their patients, but find that time restraints imposed on them by the medicalindustrial complex influence the care they are able to offer. This approach to critical theory would serve the patient and would be more representative of the realities of the health system, all while making critiques of this system more palatable to the physician.

Limited Understanding of Doctors Just as problematic as the direct application of the theoretical constructs of critical medical anthropology to CAMA is the biased understanding that critical theory has produced. This too, neglects holism. Critical medical anthropology has focussed mainly on the patient’s perspective rather than that of the doctor. As is common to anthropology, critical medical anthropologists have tended to be advocates for “the victims”. In the clinical setting, these are patients, families or ethnic groups. This is problematic for CAMA on three levels. First, just as critical excess alienates clinicians, so too does their dehumanisation in the anthropological literature. Critical medical anthropology’s tendency to side with patients enhances the patient’s humanity at the expense of the clinician’s in the medical encounter. This can result in physicians being unreceptive to CAMA. Second, when clinicians are alienated, critical anthropologists do not have access to what clinicians actually think. Consequently, when informed by critical theory, CAMA may have little information about the issues most pertinent to doctors and their daily activities. Thus, it is no surprise that when looking through the lens of critical theory, clinically applied medical anthropologists are illequipped to develop creative strategies to enhance the clinician-patient interaction. Third, critical theory can lead CAMA to promote the view that only patients are victims, not doctors. However, as Hemmings points out, doctors can also be victims. Their perceived callousness is, in many cases, a strategy developed to cope with the harsh medical environment in which they practice [21]. There have been countless studies that have demonstrated the fundamental power imbalance in the doctor-patient relationship. There is no doubt that this power imbalance exists and that an “anthropology of affliction”, [22] focused on human suffering, is important. However, due to their direct placement in the clinical setting, unlike critical anthropologists, clinically applied medical anthropologists cannot position themselves squarely on the side of human suffering. In order to understand the nuances of the clinician-patient interaction and the potential for

Biomedicine as Culturally Constructed In addition to promoting a multi-level analysis, critical medical anthropology often conceptualizes biomedicine as a cultural system. One typical analysis of the biomedical system by critical medical anthropologists asserts that biomedicine participates in cultural assumptions about the body. For example, biomedicine has been critiqued on its Cartesian separation of mind and body [24]. The criticisms of biomedicine produced through this approach to critical medical anthropology theory are problematic from the view point of the clinically applied medical anthropologist because they create a paradox. The researcher becomes torn between two opposing perspectives, both of which she has a responsibility to uphold. On one hand, the clinically applied medical anthropologist, through her position of vulnerability to illness and as a consumer of medical services, believes that at least part of the truth about the body can be discovered by biomedicine. She sees the importance of biomedical research and western medical care. On the other hand, from the point of her training in medical 32


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anthropology, and perhaps, owing to her embeddedness in critical anthropological theory, the clinically applied medical anthropologist understands that this cultural construction of biomedicine does not always serve in society’s best interest. Rather, it can perpetuate categories that are oppressive [25]. Clearly, daily exposure to such a paradox can leave clinically applied medical anthropologists unsure of how to portray the clinical setting. There are significant consequences for clinically applied medical anthropologists’ identification with the biomedical paradigm. The complete rejection of critical theory’s understanding of the cultural construction of biomedicine has led anthropologists working in the clinical setting to be criticized as having been co-opted by biomedical hegemony [26]. For example, an initial critique by Taussig, and one still shared by critical medical anthropologists, states that in working under the biomedical system, clinically applied medical anthropologists are making the science of human management all the more coercive [27]. Thus, according to critical anthropology, clinically applied medical anthropologists ought to work under the biomedical paradigm while simultaneously being highly critical of it. This can result in much confusion. This complex issue has been debated for some time, and there have been few concrete suggestions as to how critical medical anthropologists working in the clinical setting should proceed. Baer argues that clinically applied medical anthropologists cannot avoid being critical, and must question existing medical paradigms, health institutions and the political/economic frameworks in which they are embedded. Consequently, clinically applied anthropologists need to develop strategies to function as critics within biomedical spaces [28]. I am in agreement with Baer; anthropologists must be critical within medical spaces, and with tact it is possible for them to both work within the biomedical paradigm and act as critics of the clinical setting. Take for example Robbie Davis-Floyd, who reports on the problems midwives face in their interaction with Western biomedical workers, and the ways in which attitudes held by clinicians can lead to newborn deaths. Thus, the important point in anthropologists’ discussions of the failure in the approach to theory is not whether anthropologists can complete critical clinical work without being co-opted by the biomedical paradigm. Clinically applied medical anthropologists can reach a good position to study the medical system and clinicians critically if they investigate what anthropological strategies are most effective within the biomedical setting. In addition, and more importantly, anthropologists should study whether these critiques of biomedicine as a cultural system are translated into medical practice. If so, how does this incorporation

occur? Many anthropologists have studied up; however whether or not anthropologists’ important analyses of the clinical setting have become part of clinical practice is a different question.

TRANSLATING THE CULTURE CONCEPT An important task of clinically applied medical anthropologists has been to translate the culture concept for physicians. As Kleinman and colleagues demonstrate, many of clinicians’ difficult relationships with patients occur across cultural divisions. They demonstrate how divergent models of understanding about health can produce problems in day-to-day clinical practice and assert that these models can be easily negotiated below [29]: A 33-year-old Chinese man came to the medical clinic at the Massachusetts General Hospital...the patient seemed anxious and looked depressed...During the course of his care, the patient never accepted the idea that he was suffering from a mental illness….He acquired the “wind” disease, he believes in retrospect, after having overindulged in sexual relations with prostitutes, which resulted in a loss of huèt-hèi (blood and vital breath)...He remembered feeling bad about his care at the medical clinic where after the lengthy workup, almost nothing was explained to him and no medicine was given...Whereas his behaviour appeared idiosyncratic and irrational to those unfamiliar with his culture, [my] knowledge of Chinese illness categories rendered his actions understandable and enabled us to negotiate with him a common ground that provided appropriate treatment both for his disease (depressive syndrome) and for his illness (a culture-specific type of somatisation). It can be seen that a cultural category, like that used by the Chinese patient to understand his illness, is important for clinicians to be able to understand, as it affects treatment at many levels. Here, the cultural understanding of health affected the patient’s perception and naming of his symptoms, his treatment expectations, and eventually, the evaluation of the treatment that he received. However, how to approach the translation of the culture concept into a clinicianfriendly construct, without promoting a misunderstanding of culture according to its anthropological definition, is a more complicated task than this example suggests. Kleinman, both a physician and a medical anthropologist, works in and understands

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both the biomedical and cultural domains. Thus, his negotiation with the patient’s cultural model was already informed by an anthropological understanding of, and sensitivity to, culture. This skill was further improved by his ability to move between the ideologically separate domains of biomedicine and anthropology. For the clinical anthropologist without medical training, finding ways to communicate the culture concept to physicians is another matter. As Von Merring notes in reference to clinically applied medical anthropology and biomedically-trained clinicians, “as a rule, neither professional is well prepared to formulate and explain to the other his or her own distinctive view of their work-a-day worlds. Both function best within their separate cognitive domains as they live out different careers charged by different motivations” [30]. Von Merring’s commentary pinpoints precisely the main problem in translating the culture concept: that the ways in which clinicians and anthropologists think about specific phenomena appear irreconcilable. In this sense, the problem with the approach to applying the culture concept in medical settings is a result of the opposing paradigms of biomedicine and anthropology, and not a failure of the approach that has been taken by anthropologist in applying medical anthropological theory. As Chrisman and Johnson explain, anthropologists are trained to tolerate ambiguity in data, to take the time to explore nuances and to take a relativist position. In contrast, clinicians working under the biomedical paradigm employ a more reductionist way of thinking. Clinicians strive to reduce rather than increase ambiguity in data by relating concepts parsimoniously and packaging them. This is because they are required to make quick decisions based on incomplete data; they need to avoid being paralyzed by ambiguities and uncertainties [31]. It is due to the vast differences in the training of clinicians and anthropologists that developing an approach to translating the culture concept has been so difficult. In translating the culture concept for clinicians, the main problem is negotiating the paradigm in which the educational tool developed for clinicians will be placed [32]. The failed “culture cookbook” approach exemplifies this idea well. Upon entering the clinic to educate physicians about the concept of culture, clinicians only want to understand the clinically relevant characteristics of a particular cultural group. Such an approach can result in a portrayal that reduces patients of a specific cultural background to specific beliefs. This is an essentialization with which anthropologists are rarely comfortable [33, 34]. As Kleinman and Benson note, this kind of “cookbook” approach can misrepresent

cultural groups and portray them as homogeneous and static [35]. On the other hand, clinicians are uncomfortable with anthropologists’ broader approach to the culture concept, which usually involves an exploration of various case studies. Clinicians can be overwhelmed by information and have a tendency to disengage with anthropologists [36]. This is mainly because anthropologists believe that all of the nuances explored in cultural case studies cannot be reduced to technical information to be memorized once and then quickly and formulaically applied (like that of other clinical skills). In addition, this broad agenda does not conform to the time-sensitivity which the clinician, in working in the biomedical paradigm, must navigate. The differences between ethnicity, nationality and language—concepts that can be intertwined with culture but are not always linked with it—are difficult to explain and learn in a time sensitive manner. In addition, it is necessary for anthropologists to communicate to clinicians how cultural factors are not always central to a patient case and can actually hinder understanding. This information is similarly time intensive and case-dependent [37]. It has been argued that the difficulties with the culture concept may present an invitation to reduce rather than expand the parameters of medical efficacy. This is not to suggest that the clinically applied medical anthropologist simply admit defeat; rather, the anthropologist needs to approach the translation of the culture, and other anthropological concepts, in a more realistic manner. Scheper-Hughes states that she would like to see “doctors invested with the courage to change the things that can be changed, with the humility to steer clear of those things that fall out of their sphere of knowledge and competence, and with the wisdom to know the difference” [38]. This has not only been suggested by medical anthropologists like ScheperHughes, but also by some operating within the realm of biomedicine. These individuals contend then, that doctoring should only be concerned with the more humble model of the inner workings of the human body, healing, and the social ills, should be left to alternative/spiritual healers. This is a notion that could result in doctors invested with the courage to change the things that can be changed, and the humility to recognize the limitations of medical expertise. Specifically, these limitations result from dimensions of illness that are not biological, but social and cultural. These, cannot be resolved directly through biomedicine [39]. Thus, according to some authors, medical anthropological theory should be employed by clinically applied medical anthropologists to educate physicians about the varying cultural understandings and responses to disease, and the limitations of the medical expertise to evaluate these conditions. In their

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view, this is preferable to expecting inadequately prepared physicians to recall the details of specific cultural cases. However, I disagree with Scheper-Hughes. It is important to note that despite the perceived difficulties with translating the culture concept for physicians widely reported in the medical anthropological literature, cross-cultural curricula have been readily and successfully incorporated into medical education [40]. In fact, currently, cultural diversity education is a required component of the curriculum of all accredited North American medical schools [41]. Although the cultural training methods used in medical schools have been studied by those in the medical field, [42,43,44] little discussion or evaluation of these methods is evident in the anthropological literature. Research carried out by anthropologists should be focused on ensuring that the current translation of the culture concept in medical schools does not inadvertently reinforce racial and ethnic biases and stereotypes. Anthropologists should work to investigate whether trainees actually use what is taught. Moreover, anthropologists should link cross-cultural curricula to health outcome measures; in this way, distinct pedagogical approaches can be associated with improved quality of care.

applied anthropology and begin studying how critical medical anthropologists can effectively work in clinical settings. In addition, anthropologists should study how important insights from critical medical anthropology can become part of the anthropological knowledge that informs clinical practice. Finally, although the incorporation of the culture concept into medical school curricula is challenging, the culture concept is currently recognized as an important component of medical education. Since these curricula are often developed without the advice of medical anthropologists, it is necessary for anthropologists to begin studying and evaluating these contemporary methods of medical cultural diversity training. This will ensure that the culture concept is being translated effectively and safely.

REFERENCES 1. Chrisman, Noel J., and Thomas M. Johnson, “Clinically Applied Anthropology,” in Handbook of Medical Anthropology: Contemporary Theory and Method, Revised Edition, ed. Carolyn F. Sargent and Thomas M. Johnson (Westport: Greenwood Press, 1996), 91. 2. Bateson, Gregory, Don D. Jackson, Jay Hayley and John Weakland, “Towards a Theory of Schizophrenia,” Systems Research and Behavioural Science 1 (1956): 251264. 3. Bateson, Mary Catherine, “Continuities in Insight and Innovation: Toward a Biography of Margaret Mead,” American Anthropologist 82 (1980): 82. 4. Chrisman, Noel J., and Thomas M. Johnson, “Clinically Applied Anthropology,” 89 5. Morgan, Lynn, “The Medicalization of Anthropology: A Critical Perspective on the Critical Clinical Debate,” Social Science and Medicine 30 (1990): 948. 6. Chrisman, Noel J., and Thomas M. Johnson, “Clinically Applied Anthropology,” 88. 7. Chrisman, N., and T.W. Maretzki, “Anthropology in Health Science Settings,” in Clinically Applied Anthropology: Anthropologists in Health Science Settings, eds N. Chrisman and T.W. Maretzki (Dordrecht: D. Reidel, 1982): 2. 8. Phillips, Michael R., “Can Clinically Applied Anthropology Survive in Medical Care Settings?” Medical Anthropology Quarterly 16 (1985): 31. 9. “Society for Medical Anthropology, Special Interest Groups: CAMA,” American Anthropological Association, accessed September 10, 2010. http://www.medanthro.net/research/cama/index.html 10. Hemmings, Colin P, “Rethinking Medical Anthropology: How Anthropology is Failing Medicine,” Anthropology and Medicine 12 (2005): 92. 11. Morgan, Lynn, “The Medicalization of Anthropology,” 945. 12. Press, Irwin, “Levels of Explanation and Cautions for a Critical Clinical Anthropology,” Social Science and Medicine 30 (1990): 1003. 13. Press, Irwin, “Levels of Explanation and Cautions for a Critical Clinical Anthropology,” 1006-1007.

CONCLUSION This paper has argued that although clinically applied medical anthropology is definitely a useful application of medical anthropology theory, it has failed to have an impact in clinical settings. An examination of the approach to critical medical anthropology and the culture concept has revealed that this failure in application is both a result of problems with the approach to medical anthropology as well as the seeming incommensurability of the biomedical and anthropological paradigms. Moreover, it is a result of anthropologists’ reluctance to study how anthropological knowledge and concepts are being incorporated into current medical education and clinics. The approach taken by critical theory often portrays the medical system and physicians as perpetrators of patient harm. In order to avoid alienating clinicians and in order to be true to the anthropological value of holism, anthropologists employing critical theory must provide a more holistic view of the clinic and clinician. This can be accomplished through the ethnographic method. In addition, critical theory often studies biomedicine as a cultural system. This can present clinically applied anthropologists with a paradox in which they must both work in and be critical of the medical system. I argue that anthropologists can thrive with this double role. Therefore, they should move from theorizing about the place of critical theory in clinically

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14. Hemmings, Colin P, “Rethinking Medical Anthropology,” 98. 15. Chrisman, Noel J., and Thomas M. Johnson, “Clinically Applied Anthropology,” 98. 16. Lock, Margaret, Stephanie Lloyd, and Janalyn Prest, “Genetic Susceptibility and Alzheimer’s Disease: The Penetrance and Uptake of Genetic Knowledge,” in Thinking About Dementia: Culture, Loss, and the Anthropology of Senility, eds. Annette Leibing and Lawrence Cohen (New Jersey: Rutgers University Press, 2006): 125,132-133. 17. Hemmings, Colin P, “Rethinking Medical Anthropology,” 95. 18. Scheper-Hughes, Nancy, “Three Propositions for a Critically Applied Medical Anthropology,” Social Science and Medicine 30 (1990): 196. 19. Good, Byron J., and Mary-Jo DelVecchio Good, “Learning Medicine: The Construction of Medical Knowledge at Harvard Medical School,” in Knowledge, Power and Practise: The Anthropology of Medicine and Everyday Life, eds. Shirley Lindenbaum and Margaret Lock (London: University of California Press, 1993): 81107. 20. Scheper-Hughes, Nancy, “Three Propositions for a Critically Applied Medical Anthropology,” 189. 21. Hemmings, Colin P, “Rethinking Medical Anthropology,” 98. 22. Scheper-Hughes, Nancy, “Three Propositions for a Critically Applied Medical Anthropology,” 189. 23. Stein, Howard F, “Uncomfortable knowledge: An Ethnographic Clinical Training Model,” Family Systems Medicine 6 (1988): 124. 24. Rhodes, Lorna Amarasingham, “Studying Biomedicine as a Cultural System,” in Handbook of Medical Anthropology: Contemporary Theory and Method, Revised Edition, eds. Carolyn F. Sargent and Thomas M. Johnson (Westport: Greenwood Press, 1996): 165. 25. Rhodes, Lorna Amarasingham, “Studying Biomedicine as a Cultural System,” 176. 26. Morgan, Lynn, “The Medicalization of Anthropology,” 947. 27. Taussig, Michael, “Reification and the consciousness of the patient,” Social Science and Medicine 14 (1980): 12. 28. Baer, Hans, “The Possibilities and Dilemmas of Building Bridges between Critical Medical Anthropology and

29.

30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41.

42. 43.

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Clinical Anthropology: A Discussion,” Social Science and Medicine 30 (1990): 1013. Kleinman, Arthur, Leon Eisenberg, and Byron Good. “Culture, Illness and Care: Clinical Lessons from Anthropologic and Cross-Cultural Research.” The Journal of Lifelong Learning in Psychiatry 4 (2006): 142-143. Von Mering, Otto, “On Doing Anthropology in Clinical Settings, a Commentary,” Medical Anthropology Quarterly 16 (1985): 71. Chrisman, Noel J., and Thomas M. Johnson, “Clinically Applied Anthropology,” 96-97. Chrisman, Noel J., and Thomas M. Johnson, “Clinically Applied Anthropology,” 97. Kleinman, Arthur and Peter Benson, “Anthropology in the Clinic,”1673. Chrisman, Noel J., and Thomas M. Johnson, “Clinically Applied Anthropology,” 97. Kleinman, Arthur and Peter Benson, “Anthropology in the Clinic,” 1673. Chrisman, Noel J., and Thomas M. Johnson, “Clinically Applied Anthropology,” 97. Kleinman, Arthur and Peter Benson, “Anthropology in the Clinic,”1673-1675. Scheper-Hughes, Nancy, “Three Propositions for a Critically Applied Medical Anthropology,” 192. Scheper-Hughes, Nancy, “Three Propositions for a Critically Applied Medical Anthropology,”192. Betancourt, Joseph R, “Cross-Cultural Medical Education: Conceptual Approaches and Frameworks for Evaluation,” Academic Medicine 78 (2003): 561. “Functions and Structure of a Medical School. Standards for Accreditation of Medical Education Programs Leading to the MD Degree”, Liaison Committee on Medical Education (LCME), accessed May 14 2011. http://www.lcme.org/functions2007jun.pdf. Gregg, J., and S. Saha, “Losing Culture on the Way to Competence: The Use and Misuse of Culture in Medical Education,” Academic Medicine 81 (2006): 542-7. Gustafson, Diana L. and S. Reitmanova, “How are We 'Doing' Cultural Diversity? A Look Across English Canadian Undergraduate Medical School Programmes,” Medical Teacher 32 (2010): 816-823. Betancourt, Joseph R, “Cross-Cultural Medical Education,” 560-569.


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The Maoist movement and peasant struggle: political ecology approach Remy Bargout This study was conducted under the supervision of Professor Noella Gray Department of Geography, College of Social & Applied Human Sciences University of Guelph, Guelph, Ontario, Canada This paper attempts to identify the differences between apolitical perspectives and political ecology approaches to regional socio-environmental issues by delineating the Maoist (Naxal) insurgency in India, using the respective camps of interpretation. A Malthusian view of the issue, within the theory of Eco-Scarcity, is briefly examined. The bulk of this report will pay attention to Environmental Conflict method of describing the rural uprising within the setting of social hierarchies expressed through resource appropriation. The resource categories discussed are agricultural lands, water, forests, and mineral ores.

T

he subject of the Maoist or Naxal insurgency in India may initially appear to have a dimensionally static debate surrounding it. However, a political ecology approach in analyzing this issue reveals a diversified topic of complexity. In apolitical terms the Maoist movement is an issue of eco-scarcity. Yet, within the realm of political ecology the movement is a response to greater socioeconomic and environmental pressures, under the environmental conflict thesis. This response is characterized by an armed struggle to give the rural peasantry control over natural resources. The Maoists also struggle to control the discourse surrounding the movement and are engaged in a power struggle with the government. The aim of this paper is to briefly demonstrate an apolitical portrayal of the insurgency, in contrast with the broader views of political ecology in order to fully deconstruct the subject and understand it holistically.

fertile land with which to produce food for the Indian population. This is coupled with a recorded decrease in aggregate agricultural production, imposing food insecurity on Indian households [2]. However, this perspective does not account for underlying socio-economic and environmental explanations that truly give grounds for the rebellion.

POLITICAL ECOLOGY VIEW: ENVIRONMENTAL CONFLICT ‘Poor and landless agricultural labourers’ is a typical illustration of one of the demographic majorities in rural Indian. It is these groups for whom the Maoists are fighting. An “age-old association between this lowest ritual status and low economic position” [3a] has allowed for the marginalization of this group. Since 1967, when the Naxalite struggle began in West Bengal, the core motive has been access through force to scarce natural resources, and the benefits that accrue from these resources, for the impoverished Indian peasantry. This includes agricultural lands, groundwater resources, timber, and minerals, which are normally appropriated by the state or the wealthier elite classes [3]. This places the topic well within the framework of the environmental conflict thesis. Environmental conflict can be defined by rises in the scale of discord, between gender, ethnic, or class groups, from resource scarcity due to government, private firms, or social elite extending control over scarce resources [1]. The inequity of resource control can become ‘socialized’ and ‘ecologized’ by the affected groups through interventions in the holding and management of resources [1]. Even though Naxalism has persisted for decades, it has surged in recent years and the question as to why this is

APOLITICAL VIEW: ECO-SCARCITY The concept of Eco-scarcity may seem plausible, but in practice does not take other influences into consideration and has continually been proven as fallacious. The argument is based on theorization from Thomas Malthus concerning “the ultimate scarcity of non-human nature and the rapacity of humankind’s growing numbers,” [1a] beyond the carrying capacity of environmental systems. Situations of eco-scarcity can be perceived as the direst within the context of developing nations such as India, where growth rates and aggregate populations are the highest [1]. When applying the traditional concept of eco-scarcity to the Maoist movement we can simply assume it is the cause of too many people and insufficient resources to sustain human existence; namely land and water. Furthermore, there is increased scarcity of

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Figure 2. Ganesh, 2009. Figure 1. Astill, 2008.

flawed and did not have long-term, ubiquitous success. As a result, Maoist popularity has always tended to recuperate, and the current swell of the movement is still largely a topic of access to land for the rural poor [2]. A recent attempt by the Indian government to ease the malaise of the landless agricultural labourers is the National Rural Employment Guarantee Act (NREGA), which guarantees one hundred days of public work to rural households at a daily wage of approximately $US 1.50 [6]. It was enacted in three phases (Figure 1) with the first phase being executed primarily in Maoist dominated areas (Figure 2). Like solutions before it, the NREGA does not improve a peasant’s access to natural resources. Access to water resources is part and parcel with tenure of agricultural lands. The application of water for agriculture is an essential component under a highly variable rainfall, but proves to be either logistically or economically inaccessible for farmers. This exerts downward pressure on a farmer’s situation of poverty. Thanks to traditional canal systems becoming decrepit without adequate maintenance and the Indian government’s tendency to damn rivers for hydroelectric projects, farmers face some large obstacles in accessing water for crop irrigation [7]. A product of this is that farmers become reliant on groundwater in the absence of rains. Either electricity or a generator pump is needed to extract the water, and many rural areas do not have electric infrastructure or the money to pay for a generator [7]. In some districts Maoists have been assisting the rural poor in their access to groundwater resources. Such as in the Gaya district in the province of Bihar where members of the

happening is commonly asked. Typically, blame might be put on India’s economic liberalization and how it is has created peasant vulnerability to market fluctuations, thus exacerbating economic inequity between the poor and Indian gentry [4]. It is possible that a higher level of awareness to the inequities within the rural land tenure regime, along with the “political mobilization of these grievances” [4a], has allowed the insurgency to grow in recent years more that it has in the earlier half of the century. There are also cultural variables that perpetuate the maldistribution of land among Indians, mainly through the caste system. The elevation of certain castes to landowning status materialized during India’s colonial period when the British East India Company charged them with responsibilities over other Indians, such as collecting land rent. The lowest castes were left to conduct roles in manual labour, and often experience bondage to their landlord in the form of debt. In post-colonial India, the marginalization and impoverishment of the lower castes only intensified, even after the official abolition of the neo-feudal system in 1953 [5]. A dispossessed and discontented mass of poor, rural Indians “found its expression in different Naxalite organizations” [5a]. Although the government has attempted to ameliorate the issue, the solutions have only been palliative and do not address underlying cultural issues or the possible need for widespread, redistributive land reform. Some of these solutions have included ceilings on the amount of owned land and market-based land reform, both of which were

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movement were reported to have been “digging wells, paying for repairs of hand pumps, installing new ones, getting wellto-do farmers to use diesel pumps to create water reservoir for village use, as well as ensuring equitable distribution of water” [8a]. Propriety of forest resources has long been an issue within the movement. Maoists have enforced the right of the peasantry to exercise full control over forest resources, since the 1980’s. An example of this is exorbitantly raising the price of timber products [8]. Finally, control over mineral resources has developed as an issue for the Maoists. In this situation the environmental conflict is over the inequitable distribution of resource wealth. Often, the benefits from mining operations accrue to private firms and the government, and the locals receive little of the revenue. In this instance, the issue of land access also involves access to mineral resources. This particular issue of land control interacts with the broader political economy of industrialization to create what Oskarsson [2007] deems a ‘resource curse’ of tribal and peasant people; specifically in the provinces of Orissa, Andra Pradesh, and Maharashtra [9]. A more recent response from the Maoists to this exploitation was to attack one of India’s important iron ore pipelines this past year (2009) to prevent further appropriation of resources by the firm Essar Group [10]. Whether by chance or through intention, seventy percent of India’s iron ore resources are currently located in areas affected by the Maoists. This potentially gives the insurgents – and subsequently the peasantry – leverage over an estimated eighty four million tons of iron ore that could be produced annually [10]. Theories on power and knowledge by philosopher Michel Foucault offer us a solid analytical framework within which to place the struggle between the Maoists and the government for control over the discourse of the issue. According to Foucault, power is knowledge and what is understood as truth is the effect of power [1]. So, between the Maoists and the government, power is held and exerted by whoever is able to regulate the ideas and perceptions people have about the movement; by “controlling… the ‘public transcript’” [11a]. The subsequent power struggle for the discourse is between the government’s security-centric portrayal of the Maoists as terrorists, and the Maoists’ selfportrayal as freedom fighters against socio-economic injustices. The state often paints the Maoist movement in a violent light, highlighting atrocities from the armed conflict in order to evoke emotions within the public [12]. Other pro-state environmental groups have accused the Maoists of actually encroaching on scarce Forest resources as opposed to conserving them [13]. Furthermore, they charged the insurgents with capitalizing on the grievances of the rural poor to simply further themselves politically. In 2006 the prime minister of India considerably alienated the Maoists when he stated that the rebellion posed “the single largest internal security threat” [12a].

However, the Maoists rebut in claiming how the government creates a ‘fallacy of danger’ towards the movements as an excuse to tighten security, suppress freedom, and infringe upon democratic rights. More specifically, the government does this to further marginalize the rural poor in order to fully exercise embedded autonomy; the state is able to ignore the interests of society’s marginal groups and focus on areas concerning economic growth [14,15]. The other side to this battle of ideas is the Maoists’ attempt to document the movement as a “New Democratic Revolution” [12a] to topple the feudal neo-colonial state through nationwide uprising of citizens. It is a movement that is the result of the landlessness, unemployment, abject poverty, and general exploitation of the peasant majority, in light of a government that has ignored mass dissatisfaction [12]. The movement argues that it is not operating outside the political system, rather they are a symptom of dysfunction within the political system; a “consequence of the failure of the state’s development model” [12b].

CONCLUSION The concept of eco-scarcity explains the subject of the Maoist armed struggle through the means of an increasing population and scarce amount of land. Despite partial truth of these assumptions, this explanation does not offer a full view of the many variables involved in the issue. Instead, through the lens of political ecology we can use the environmental conflict thesis as a base to fully breakdown the intricacies of this insurgency. What we discover is a conflict borne out of resource domination by the state, private companies, and the social elite. Represented by this armed struggle, the poor agricultural labourers make a stake for access to land, groundwater, forests, and mined resources, in an attempt to climb out of rural poverty and combat their own marginalization. Furthermore, the Maoists are engaged in a battle of ideas with the government to control the public discourse, in order to maintain and accumulate ideological power. The Maoist movement is a topic of intense diversity that must be examined within the context of its many facets in order to gain a full understanding and appreciation of what it is in reality, and what it represents in concept.

ACKNOWLEDGEMENTS The author would like express gratitude towards their course supervisor Dr. Noella Gray for her personal assistance in making the course material clear and intriguing to the author, and Dr. Gray’s coaching throughout the construction of this paper in the Fall of 2009.

REFERENCES 1. 2.

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Robbins, P. 2004. Political Ecology. MA, United States: Blackwell Publishing. 3-15, 41-67. a:7. Bandyopadhyay, D. 2008. Does Land Still Matter? Economic and Political Weekly. 43(10): 37-42.


Bargout 3. 4. 5. 6. 7. 8. 9.

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SinghaRoy, D.K. 2005. Peasant Movements in Contemporary India: Emerging Forms of Domination and Resistance. Economic and Political Weekly. 40(52): 5505-5513. a:5505. Ganguly, S. 2009. Indian in 2008: Domestic Turmoil and External Hopes. Asian Survey. 49(1): 39 - 52. a:43. Kunnath, G.J. 2006. Becoming a Naxalite in Rural Bihar: Class Struggle and its Contradictions. Journal of Peasant Studies. 33(1): 189 - 123. a:93. Astill, J. 2008, April 26. Shoveling for their supper. The Economist (London). Mohanty, N.R. 2006. Chronic Poverty and Social Conflict in Bihar. Indian Institute of Public Administration. New Delhi. Navlakha, G. 2006. Maoists in India. Economic and Political Weekly. 41(22): 2186-2189. a: 2188. Oskarsson, P. 2007. The Resource Curse of the Scheduled Areas: Politics in the Case of the Bauxite Mineral Industry in Tribal Central India. School of Development Studies. Norwich, UK: University of East Anglia. Yardley, Jim. 2009. Maoist Rebels Widen Deadly Reach Across India. The New York Times. Retrieved from http://www.nytimes.com/2009/11/01/world/asia/01maoist.htm l

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Bryant, Raymond L. 1997. Beyond the impasse: the power of political ecology in Third World environmental research. Area. 29(1): 5-19. a:12. 12. Giri, S. 2009. Commentary: The Maoist ‘‘Problem’’ and the Democratic Left in India. Journal of Contemporary Asia. 39(3): 463 - 474. a:464 , b:465. 13. Ruckstuhl, Sandra. 2009. Renewable Natural Resources: Practical Lessons for Conflic-Sensitive Development. Sustainable Development Network: The World Bank Group. Washington, DC. 14. Smith, B. 2008. State-Building. In P. Burnell & V. Randall (Eds.). Politics in the Developing World. 2nd Ed. Oxford: Oxford University Press. 230-348. 15. Chiriyankandath, J. 2008. Colonialism and Post-Colonial Development. In Burnell, P. & Randall, V. (EDs.), Politics in the Developing World: Second Edition (pp.36-52). Oxford: Oxford University Press. 16. Ganesh, A. 2009. The Red Corridor. Wikimedia Foundation Inc. Retrieved from http://en.wikipedia.org/wiki/File:The_Red_Corridor_ver_1.P NG

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Regional disparity in modern First Nations’ treaty-making Anthony Gatensby This study was conducted under the supervision of Professor Carol Dauda, Department of Political Science, College of Social and Applied Human Sciences University of Guelph, Guelph, Ontario, Canada First Nations’ self-government treaties have arisen solely in British Columbia, to the exclusion of every other Canadian province. At first glance, the amount of historical treaties enacted in what is now Ontario prevents new claims from being pursued. Therefore, the assumption exists that because the majority of British Columbia’s land mass was never formally ceded to the Crown, the opportunity to do so has now presented itself. However, identifying the amount of historical treaties as the sole influence over the contemporary process of land claims is an assumption that excludes the importance of regional circumstances in emerging self-government treaties. Therefore, the intention of this paper is to establish that this assumption is inadequate, and that regionalism better explains the historical, political, legal, and geographical reasons why First Nations’ self-government has surfaced exclusively in BC.

A

ccording to Christopher Alcantara, professor of Political Science at Wilfrid Laurier University, the academic consensus about what the causes of the changes in Aboriginal policy is still remarkably underdeveloped [1]. The development of First Nations’ (henceforth referred to as Nations) self-government after a century of assimilationist policies such as the Indian Act (1876) and the White Paper (1969) demonstrates one such change. Yet, the explanation as to why this change would occur, and furthermore, why self-government treaties have been regionally restricted to the province of British Columbia remains unanswered. One possible answer rests on the heavy cession of land to the Crown in central Canada, and the complete lack in BC, which creates the contemporary opportunity to complete the ‘unfinished business’ of land claims in western Canada (Figure 1) [2]. However, this assumption only identifies one piece of a comprehensive puzzle, which includes the Aboriginal exposure to colonial ideology, Aboriginal-settler interconnectivity, intraconnectivity within Nations, and mobilization tactics, above and beyond the amount of ceded and unceded territory (Figure 2). The characteristics help identify the divide, as much geographical as political, that can be drawn between BC and the rest of provincial Canada in regards to the isolation of self-government treaties.

exposure to these ideologies, and the shifting between them, is a factor which contributes to the formation of a contemporary process of land claims, most directly impacting interconnectivity and intraconnectivity of Nations. The Valois-Angoulême Period The first, that which I name the ‘Valois-Angoulême period’ after France’s monarch at the time of the New France settlement, existed from 1534-1837. It marked a period of remarkable peace and mutual respect of cultures between French colonials and Aboriginal inhabitants. John Ralston Saul, in his book A Fair Country, remarks on the huge absorption rate of Europeans into Aboriginal communities, reasoning that intermarriage played a huge role in breeding a relationship of amity. Specifically, Saul remarked on the hierarchy by which colonists achieved great mobility and that by “marrying into the indigenous world, most of the newcomers were marrying up. They were improving their situations socially, politically, and economically” [3]. Although the motivation there exist strong overtones of the economic and political advantage for settlers personally, Saul states that it was a matter of policy throughout the colonies to create cultural métissage [4]. In one instance, Saul makes a reference to a quote by the French explorer and founder of Quebec City Samuel Champlain: “our young men will marry your daughters and we shall be one people” [5]. Saul recognizes the rarity of what is being said when he remarks that he “can’t think of a European governor – French, British or other – making such a policy statement in any other colony from the sixteenth to the nineteenth century” [6]. Thus, the resulting Métis offspring would have been looked

EXPOSURE TO COLONIAL IDEOLOGY To begin to understand the contemporary process, it is first necessary to understand the historical contributions to it. There have been different ideologies employed by settler governments in their approach to relationships with Aboriginal Nations. The existence of ideology can be found in an analysis of both formal and informal colonial policy, which reflect overall settler attitudes. The differing levels of

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Studies by Undergraduate Researchers at Guelph Vol. 5, No. 1, Fall 2011 little penetration that did exist, mostly in the form of temporary outposts, was of little significance to the subsequent history of the area [9]. This included the limited westward expansion via the colonial presence east of the Rocky Mountains, and via the Pacific Ocean as well. Essentially the ‘Indians’, as they were called, escaped undue interference during early periods of exploration simply because no “European power considered the Pacific Northwest sufficiently important to make the effort necessary to secure exclusive sovereignty. The more important goal was to ensure that no other nation did so” [10]. Aboriginals were able to freely establish lucrative fur-trading posts, and adapt quickly to the presence of imperial powers in light of their indifference. Even prior to the first colonial creations, European traders chose to preclude violence, as their “preferred tactic in the face of Native provocation was to anchor a ship just off a Native village and prepare its guns for action, a display intended to produce terror and compliance without killings” [11]. Thus, the specific regionalism of the Aboriginal nations in this territory was characterized largely by an independence from intervention during the years of amity fostered between the French and Ojibwa in the east. Statistics of the population during various years in British control reveal how slow European penetration was until almost the 20th century. The first colonial creations in the region were of both Fort Victoria (1846) and the Colony of Vancouver Island in (1849), which is substantial considering the territory was

Figure 1. The assumption that the amount of ceded territory determines the contemporary process of land claim

upon as a success in terms of alliance and a further route to stabilizing the fur trade. It comes as no surprise that Saul chose to quote Champlain in explaining the amity between the French and the Aboriginals, because Champlain’s ideology was concretely reflected in his policy of mutual acculturation. For instance, he encouraged young Frenchmen to explore the unknown parts of the New World, in an effort for them to learn indigenous languages and cultural rites [7]. These alliances, often with the Ojibwa Nation, were heavily integrated into the social workings of colonial life. This was so much so that the phenomenon of a French trader marrying an Aboriginal woman was an established expectation, as Ojibwa expert Peter Schmalz comments, in order to invest and establish interest in the various Aboriginal communities [8]. This time period of cooperation and friendship, a relationship much less colonial and more of equals, never existed in British Columbia. Various scholars have noted the startlingly weak penetration of Europeans in pacific Canada, noting that what

Figure 2. The regional characteristics that have influenced the contemporary process of land claims

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considered British as early as 1790. Their further amalgamation into the colony of British Columbia did not occur until 1866, and it was several decades until white settlers predominated (see Table 1). Paul Tennant, professor emeritus at the University of British Columbia, comments on this phenomenon by describing how “Whites began to arrive in significant numbers only in the 1850s, and not until the 1890s did effective white control extend to the last of the major Native groups” [12].

pressures, including the question of national origins, the overwhelming nationalist American histories, and the placement of prominent Loyalist descendants in powerful governmental positions, contributed to the establishment of a new identity based on a new ideology [18]. The culture of the majority and the majority’s needs were bringing into question the fundamental role of Aboriginal involvement. Norman James Knowles, in his book Inventing the Loyalists explains how history was forcefully manipulated to serve a certain collection of goals. While not specifically concerned with the repercussions for Aboriginals, he comments that there was an [19]

Victorianism Victorianism was a form of imperialistic renewal that took place in the settler colony in the mid 19 th century; it was characterized by a resurgence of European ideals of supremacy, subjugation, and power. Victorianism came, most undeniably and concretely in the form of new Crown policy. In 1847, a British governmental commission produced the Report on the Affairs of the Indians in Canada, creating the first incarnation of assimilation policy in the colonies [13]. This policy had two intended effects that aimed to violate the equality between Europeans and Aboriginals established during the era of Valois-Angoulême: first, encroachment onto Aboriginal land by Europeans would be rewarded, and second, there would be no restriction on over-fishing/over-hunting by Europeans on Aboriginals land [14]. The idea of Victorianism, the idealization of imperial subjugation, was easily found in this and subsequent policy. The purpose was to assimilate the Aboriginals into ‘superior’ European lifestyles, which included drastic attempts at religious conversion. This ideology led to several colonial enfranchisement policies, such as the Gradual Civilization Act 1857 in Upper Canada, which outlined methods for Aboriginals to acquire British citizenship in exchange for any previous Aboriginal identity [15]. Much more devastatingly, the Act for the Gradual Enfranchisement of Indians 1869 and the Indian Act 1876 institutionalized these policies at the federal level. When British Columbia joined Confederation in 1871, western Aboriginals became subject to the federal policies already in place. The root of Victorianism as an ideology can be found by tracing the roots of the United Empire Loyalists, a group of 46,000 American refugees who settled in Upper and Lower Canada (approx. 10,000), New Brunswick (approx. 16,000) and Nova Scotia (approx. 20,000) after the British defeat in the American Revolutionary War [16]. These Loyalists, as their name implies, were characterized primarily by their undying loyalty to the British Empire, to its unity and to its preservation. The initial tension between the Loyalists and local Aboriginal were mostly based on superficial rumours, such as speculation by the new settlers on whether the best land was already procured and granted to the Aboriginals. However, this tension has been attributed to resettlement pains, along with typical unrest and unease [17]. The more damaging and long-lasting effects did not emerge until the 1850s, with Confederation becoming a more tangible reality with each passing year. A new assortment of

emergence of a new historical consciousness in the 1850s. This development was largely a product of nationalist sentiment and expansionist ambitions that accompanied the process of state formation and the province’s economic growth. The past was invoked and recalled by provincial leaders interested in the creation of an official history that could be used to promote unity, build a national identity, and uphold social and political order. This revitalized legacy of imperialistic renewal was one factor which influenced Aboriginal policy. The sentiment was never more powerful than in 1867, with the creation of the new Confederation and the desire to institute ‘peace, order and good government’, lasting until the White Paper incident in 1969 with the implementation of, and reorientation to, modern treaty negotiations.

SHIFTING IDEOLOGY & CONNECTIVITY The shift between ideologies created a destabilization of the Aboriginal consciousness. Not only did this skewed balance of power serve to undermine the relationship between eastern Aboriginals and the colonial state, but it established the relationship between Aboriginals and nonAboriginals as one of the ‘mainstream’ or the normal, versus the ‘other’ or the abnormal, which is to be either normalized or excluded [20]. This was especially devastating for the Métis; although they were always identified as ‘half-breeds’, they were now denied affiliation to both their Aboriginal and European roots. H.Y. Hind, in an expedition in the 1850s to assess the agricultural capability of prairie land, reported that although the Métis may charade as Europeans, they have no claim to land in the Red River Colony in what is now Manitoba [21]. For those Métis and Nations outside of BC, Aboriginals were defined by their pre-contact qualities while ignoring any evolution of these qualities was dismissed. In this regard, it is not surprising that Aboriginals were clinging to the values introduced by the Valois-Angoulême period. As Victorianism grew, Aboriginals were faced with a colonial power in Ottawa that was violating, outright deliberately and systematically, the promises in treaties with the intent to force Aboriginals into federally imposed settlement plans [22]. This confusion of identity affected the ability of

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Aboriginals to mobilize politically against the colonial state as their identity had grown to encompass Europeans. Paul Tennant generalizes the political condition of eastern Aboriginals by noting that globally in [23]

Table 1. Population and racial diversity of British Columbia from 1870 to 1941

the English-speaking new world countries … the indigenous groups were nowhere a political threat once the new regimes were established. In Canada east of the Rocky Mountains, there were instances of protest and lobbying, but no lasting political organizations. Instead of these institutionalized channels, the Aboriginals of eastern Canada often chose strategies of direct confrontation rather than strategies based on the values such as the supremacy of law. This demonstrates an ideological rejection of ‘official’ channels that had been formalized by the ‘illegitimate’ state. I argue that when a previously valued culture is undermined and subjugated by a change in the majority’s ideology, a sense of betrayal, confusion, and disorder amongst the newly disadvantaged would manifest these volatile emotions in violence rather than in political activism and organization. Tennant, for example, acknowledges the implication of regionalism and its effect on political organization beginning in the 1900s. In his article, Native Indian Political Organization in British Columbia, he states that in [24]

Year

% White

% Asian

% Indian

1870 1881 1891 1901 1911 1921 1931 1941

24.9 39.3 55.1 74.8 87.1 88.2 89.1 91.8

4.3 8.8 9.1 10.9 7.8 7.5 7.3 5.2

70.8 51.9 35.9 14.3 5.1 4.3 3.5 3.0

Total Population 36,247 49,459 98,173 178,657 392,480 524,582 694,236 817,861

Source: "Class and Race in the Social Structure of British Columbia, 18701939." British Columbia Studies (1980): page 28.

Interconnectivity The word ‘interconnectivity’ implies a degree of interaction between two cultures. As the interconnectivity between the Aboriginals and settlers grew, Aboriginal culture in Central Canada underwent significant changes, specifically as their society absorbed European goods and technology. Schmalz, an Aboriginal expert who has written extensively on the Ojibwa of southern Ontario, declared the Ojibwa to be one of the main Aboriginal trading groups that benefitted from the commercial rivalry between the British and the French in the early 1700s. With the warring colonial powers of England and France pitted against one another, it is recognized that their [25]

British Columbia political adaptation was the predominant response attempted by Indian leaders once the immigrant regime had become firmly established … Organized violence against newcomers was infrequent and isolated; revitalization movements were localized and temporary; social breakdown and personal demoralization, while certainly in evidence, were not sufficient to impede the emergence of leadership or the functioning of organizations; and, as the presence of political adaptation implies, there was an absence of the passivity, fatalism and lethargy evident among indigenous groups elsewhere.

conflict created a system of native alliances that attempted to gain hegemony in the beaver-skin trade. Those Indian traders who would not conform to the wishes of the dominant aboriginal groups faced pillage, dispersal, or extermination. At the same time, those groups which did exchange furs for the coveted European goods greatly increased their material standard of living and their power. The advent of the fur trade was clearly changing the social and political goals of the Aboriginals in Upper Canada. As a consequence, it is logical that their way of life grew to depend on such goods such as muskets, metal knives, hatchets and kettles as integral to everyday life, essentially displacing traditions and cultural practices. The adaptation was likely a logical strategy to the Aboriginals, because often these tools and materials were much more efficient and sturdy than the ones fashioned on their own. Schmalz echoes this sentiment by remarking that during “the first half of the eighteenth century a growing number of Ojibwa began to look upon European trade goods as a necessity rather than a luxury” [26]. This dependency was even more pronounced because of the consistent exposure to new goods and technology over time, resulted in the erosion of traditions as adaptation changed the social structure of their bands.

The correlation can thus be shown to exist between the nature of the specific regional context, defined primarily by the consequence of shifting between ideologies and the action of the government prior to and after 1836, and the differential actions between Aboriginals in British Columbia and those east of them. The historical amount of cultural interconnectivity, or lack thereof, has also supported this correlation.

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A good example of this was observed in 1718 at Madeline Island, an isolated island in Lake Superior where there had been a 20-year hiatus from trading. The Captain who landed there discovered dying Aboriginals, starving because the traditional skill of making stone, bone, and wood tools had been lost [27]. The erosion of tradition, the same erosion found at Madeline Island, was arguably not because the Aboriginals were passive, barbaric, and easily manipulated. More likely it is because they trusted the colonials who were, in the spirit of the Valois-Angoulême period, showing them good faith. A high degree of interconnectivity, which conceptually phrases the relationship between Aboriginal culture and European culture in the language of power struggles, demonstrates how many tribes suffered as a result of their growing dependency on Europeanism. After New France fell in 1763, it appeared as if this period of recognition and cooperation would continue when the British Crown implemented the Royal Proclamation (1763), appealing to the Aboriginals, if only superficially. However, the current grievances being resolved today would point to that intention not being fulfilled over the last 200 years.

So long as what we consider justice is withheld from us, so long will dissatisfaction and unrest exist among us and we will continue to struggle to better ourselves. For the accomplishment of this end we and other Indian tribes of this country are now uniting and we ask the help of yourself and government in this fight for our rights. With the establishment of various Indian Rights Associations around this time and the continued perseverance of the Nisga’a land claim, the strength within western Aboriginal intraconnectivity, in its uniqueness, was growing in prominence. This, coupled with the relative weakness of their interconnectivity with Europeans, created a regional circumstance which allowed them to pursue a form of agency which utilized mobilization to pursue policy change.

MOBILIZATION TACTICS Empirical evidence suggests that sustained political mobilization is one of the core facets of rights-based legislation. Identifying the conditions for this kind of mobilization has been the work of Charles Epp, and led to the development of what he has aptly named the ‘supportstructure explanation’. In his book The Rights Revolution, Epp proposes the idea that the ability for human rights to grow into law is connected directly from cohesive grassroots pressure and a sustained, fundamental access to resources [31]. This theoretical model lends itself to the Aboriginal experience ever since first contact with Europeans, and furthermore, it helps to explain the development of Aboriginal rights, including their right to self-government and land. The support-structure explanation claims that civil rights, those outside of the business-oriented commercial sphere, is not an individual effort. Rather, Epp explains, it “grew out of the collective efforts of a large number of people who relied on organizational, legal, and financial resources that had been created by broad, collective efforts” [32]. This mobilization relies on the premise that the pursuance of lawsuits, and their ability to be successful in that pursuit, is not strictly attached to the opportunities provided by a constitution, by judicial decisions or from the expectations that have arisen from popular culture [33]. Epp claims that this flows logically from two points. The first claim is that the recognition of rights in law requires litigation that has been widespread, and sustained; it must have longevity and spatial capacity. Many supreme courts are selective in the issues that they preside over, and often the issue presented by the case must have exerted considerable pressure on the judicial system. For this to occur, widespread and sustained litigation has appellants deal with the judiciary, a process that is notably, as Epp puts it, “time-consuming, expensive, and arcane; ordinary individuals typically do not have the time, money, or expertise necessary to support” these kind of resource-

Intraconnectivity Where the term ‘interconnectivity’ implies a connection between cultures, the term ‘intraconnectivity’ implies a connection within one’s culture. The disruption of Aboriginal communities, through instances such as the residential school system and through land relocation measures, placed at risk this intraconnectivity. Since oral history is the predominant method of generationally extending culture, the intraconnectivity in Aboriginal Nations was susceptible to major disruption. While Nations in the east were drawn into European wars and bartered with land consistently, the same is not true of Nations in the west. Rather, the intraconnectivity of the Aboriginals in the west was left exceptionally strong because there was “no armed conquest, no mass displacing of villages and relatively little forced admixing of differing communities. The Native past was not cut off” [28]. The tactic of intermarriage as an attempt to stabilize the fur trade in the east, and for the settlers’ personal advantages was extremely uncommon in the west when the settling communities began to expand heavily in 1870s [29]. As well, because land was not ceded to the Crown, Nations in the west did not identify and relocate to reserve territory the way it had taken place in the east. While the Nisga’a land commission of 1890 shows Nation-cohesiveness in itself, it does not fully convey the extent of western intraconnectivity. Twenty years later, while then Prime Minister Wilfrid Laurier was campaigning in Kamloops for his re-election, he was presented with a letter that was co-written by the Chiefs of the Shuswap, the Okanagan and the Couteau Tribes, on August 25th 1910. The letter established the existence and the nature of their growing political strength.. The letter included a powerful clause that stated [30]:

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intensive lawsuits” [34]. This makes extensive resources fundamental in promoting long-term change through the judiciary, which by nature promotes small incremental changes, making it difficult to achieve major change without consistent pressure. This can only be achieved when there are various sources to sustain the pressure, including organizations which collectively pursue rights, legal expertise that is both competent and creative, financial resources, and at times even governmental rightsenforcement agencies or watchdogs. Access to this supportstructure was fundamental to the ability to pursue court cases and influence a favourable change in policy direction. The support-structure becomes a practical necessity as the government’s attempts to quash land claims became more resolute. In the late 1920s, three decades after the establishment of the Nisga’a land claim, Ottawa was noticeably losing patience with their policy of allowing debate with, and petitions from, the Aboriginals. As repeated attempts at reconciliation failed, this frustration became Ottawa’s policy; legal ‘blockades’ were formed with the intent to disperse the intraconnectivity of various Nations. These legislative blockades were at times incredibly pointed: they included a ban on fundraising for Aboriginal claims in 1927; a ban on court cases regarding Aboriginal land in the same year; and the requirement of provincial consent, a rarely granted permission, before anyone was legally permitted to sue the Crown [35]. Their communal support, their associations, and most of all their resolve, allowed the Nisga’a to overcome the ensuing legislative blockades, sustaining their mobilization underneath the legal silences, and continuing to pursue their claims when they were legally permitted to do so decades later. When the era of Victorianism began to deteriorate in the late 1960s, the Nations in British Columbia had created a pressure which could no longer be ignored.

than outright assimilation. After 1969, the court cases that affected change were numerous; the rate at which judges were willing to clarify the Constitution in favour of Aboriginals became more rapid than at any point in history since settlement. Aboriginal title was affirmed in R v. Calder and clarified in Delgamuukw v. British Columbia in 1973 and 1997 respectively [36]. The Delgamuukw case also resulted in oral tradition being admitted in a greater capacity as a form of legal evidence, providing greater recognition to the Aboriginal way of life. Subsistence rights were given constitutional protection and allowed the courts to define a standard known as the ‘Sparrow Test’, defined in R v. Sparrow, by which subsistence rights can be identified and constitutionally limited [37]. The case also instilled the idea of fiduciary responsibility for the Crown. These cases are among several that have defined fundamental aspects which the land claims process rotates today, all emerging from Nations within BC as a product of the mobilization made possible by broad resource, strong intraconnectivity, and weak interconnectivity with settler governments.

CONCLUSION & SUGGESTIONS As stated previously, the amount of academic literature that explains the causes of the shifts in Aboriginal policy is underdeveloped - yet without this knowledge, explaining why self-governing provisions exist only in British Columbia is a substantial task. This research first attempts to contribute to that body of literature by analyzing what role Aboriginals play in affecting policy direction, and second to use that analysis to dispel the myth that the amount of ceded territory is the sole cause of how the contemporary process has taken shape. In the absence of this myth, the need exists to establish under what conditions Aboriginal groups have been able to encourage governments to alter policy direction. The fact that the evolution of the contemporary process was the result of regional characteristics is a significant one; it suggests that the ability of Aboriginals to alter policy and secure an expanded set of self-governing rights has been indirectly affected by the historical interaction of colonists and Aboriginals. Regionalism points to the effect of colonial ideology, and to what degree the exposure to specific policy initiatives has disconnected Aboriginal groups from their ability to sustain the resources necessary to pursue long-term judicial mobilization. While the amount of land claims provides flexibility in British Columbia for modern treaties to be assessed, it is not the sole, nor most important, reason for the emergence of these treaties. It is certain that pockets of Aboriginal self-government will continue to develop. Due to the high rate of BC Nations that have committed themselves to the BCTC negotiation process, the anomalies of the Nisga’a and Tsawwassen agreements are sure to be joined by a plethora of new final agreements with self-governing provisions in the coming years. As this research suggests, Aboriginals will continue to be successful in promoting these kinds of agreements to emerge exclusively in British Columbia. Further work is

JUDICIAL IMPACT The rate at which Nations have mobilized toward the judicial system has varied between British Columbia and the rest of Canada. The result is that the most influential court cases which have allowed Aboriginals to pursue selfgovernment and comprehensive land claims have emerged disproportionately from the west. These Nations have successfully broadened and solidified their rights to land, allowed their tradition to be ingrained and respected in the legal system, and possibly most important, redefined their relationship with the federal government to be one of implied responsibility and fiduciary trust. The consequence of the regional differences has excluded eastern Nations from defining the process by which they establish rights, land claims, and self-governing treaties. These cases, however, did not begin to truly cascade until after the outrage spurred by the White Paper incident in 1969. The policy failure of the White Paper signalled the beginning of a new rightsdiscourse, one characterized by politics of recognition rather

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needed to establish how these historical impediments to eastern self-government can be overcome, or at the very least weakened. As well, an analysis of the context Yukon, the Northwest Territories, and Nunavut, as well as the analysis of the role of Inuit Nations, may provide valuable insight regarding the impact of regionalism in Canada’s north. In the international context, an evaluation of the effect of international rights-legislation, such as the 2007 United Nations Declaration on the Rights of Indigenous Peoples, on Canada’s Aboriginal Nations may also suggest a newly opened route to challenge historical barriers. To that effect, it is unclear what role, if any, the legal system will assume in the establishment of Aboriginal self-government east of the Rockies, and into Canada’s arctic. As the influence of the west begins to saturate the eastern ideas of mobilization, the question of how this influence will ultimately take shape is still a mystery. What is clear is that the dissolution of assumptions about the role the colonial, and subsequent Canadian, governments played historically will aid in the clarification of how the contemporary process of land claims has been formed. As a grandiose as it may seem, each resolution brings Canada as a nation today closer to clarifying its own origins and contemporary identity.

7. 8. 9. 10. 11. 12. 13. 14. 15.

16.

ACKNOWLEDGEMENTS

17.

I would like to acknowledge Dr. Carol Dauda for her support, encouragement, and direction in the creation of this work. It was truly a privilege to work with her, and I am grateful to have had such a dedicated advisor. I would also like to thank the Political Science department at the University of Guelph as a whole, whose insightful professors have broadened and deepened my knowledge of politics in throughout the completion of my BA. I would also like to thank those who supported me in this endeavour, in particular Greggory Johns and his family, who without which, none of this would have been possible.

18. 19. 20. 21. 22. 23.

REFERENCES 1.

2.

3. 4. 5. 6.

Alcantara, C. (2009). Old Wine in New Bottles? Instrumental Policy Learning and the Evolution of the Certainty Provision in Comprehensive Land Claims Agreements. Canadian Public Policy, 35 (3), pp. 324341. INAC. (2009, January 20). Why is Canada negotiating treaties in BC?. Retrieved April 03, 2011, from Indian and Northern Affairs Canada: http://www.aincinac.gc.ca/ai/scr/bc/trts/whcngt/index-eng.asp. Saul, J. R. (2009). A Fair Country: Telling Truths about Canada. Toronto: The Penguin Group, p. 9. The term métissage is the French word for miscegenation, and is particularly useful for distinguishing the connection between French colonials and the Ojibwa Aboriginals. Saul, 10. Saul, 10.

24. 25. 26. 27. 28. 29. 30.

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Surtees, R. J. (1988). Handbook of North American Indians. In W. E. Washburn (Ed.). Washington, D.C.: Smithsonian Institute Press, p. 81. Schmalz, P. S. (1991). The Ojibwa of Southern Ontario. Toronto: University of Toronto Press, pp. 36-37. Barman, J. (1991). The West beyond the West: a history of British Columbia. Toronto: University of Toronto Press, p. 30. Barman, 30. Harris, C. (1997). The resettlement of British Columbia: essays on colonialism and geographical change. Vancouver: UBC Press, p. 22. Tennant, P. (1990). Aboriginal Peoples and Politics: The Indian Land Question in British Columbia, 1849-1989. Vancouver: University of British Columbia Press, p. 3. Blair, P. J. (2008). Lament for a First Nation: the Williams treaties of Southern Ontario. Vancouver: UBC Press, p. 38. Blair, 39-40. Government of Canada. (2002, October 24). Aboriginal People: History of Discriminatory Laws. Retrieved February 8, 2011, from Government of Canada: Depository Services Program: http://dsppsd.pwgsc.gc.ca/Collection-R/LoPBdP/BP/bp175-e.htm. The total number is debated, but the average estimates are consistently between 40,000 and 50,000. See FremontBarnes, G. (2007). Encyclopedia of the Age of Political Revolutions and New Ideologies, 1760-1815. Westport, Connecticut: Greenwood Press, p. 437. Knowles, N. J. (1997). Inventing the Loyalists: the Ontario Loyalist tradition and the creation of usuable pasts. Toronto: University of Toronto Press, p. 17. Knowles, 27. Knowles, 26-27. Addis, A. (1991-1992). Individualism, Communitarianism, and the Rights of Ethnic Minorities. Notre Dame Law Review, 67, pp. 615-676. Sprague, D. N. (1988). Canada and the Métis, 1869-1885. Waterloo: Wilfrid Laurier University Press, p. 23. Miller, J. R. (1991). Sweet promises: a reader on Indianwhite relations in Canada. Toronto: University of Toronto Press, p. 244. Tennant, P. (1982). Native Indian Political Organization in British Columbia, 1900-1969: A Response to Internal Colonialism. BC Studies, p. 8. Tennant, 8. Schmalz, P. S. (1991). The Ojibwa of Southern Ontario. Toronto: University of Toronto Press, p. 13. Schmalz, 36. Schamlz, 31. Tennant, 3. Ward, W. P. (1980). Class and Race in the Social Structure of British Columbia, 1870-1939. British Columbia Studies, p. 31. A copy of this letter was found on a website from a BC Nation. See Williams Lake Indian Band. (2008). Memorial to Sir Wilfrid Laurier, 1910. Retrieved February 9, 2011, from The Williams Lake Indian Band Web site: http://williamslakeband.ca/History/MemorialtoSirWilfred Laurier1910.aspx


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31. Epp, C. R. (1998). The Rights Revolution. Chicago: The University of Chicago Press, p. 2. 32. Epp, 10. 33. Epp, 18. 34. Epp, 18. 35. Foster, H. (1998/1999). Honouring the Queen's Flag: A Legal and Historical Perspective on the Nisga'a Treaty. British Columbia Studies , 120, pp. 24-26. 36. Supreme Court of Canada. (1973, January 31). Calder et al. v. Attorney-General of British Columbia, [1973] S.C.R. 313. Retrieved February 23, 2011, from Canadian Legal Information Institute: http://www.canlii.org/en/ca/scc/doc/1973/1973canlii4/197 3canlii4.html. 37. Supreme Court of Canada. (1997, December 11). Delgamuukw v. British Columbia, [1997] 3 S.C.R. 1010. Retrieved February 23, 2011, from LexUM Web site: http://scc.lexum.umontreal.ca/en/1997/1997scr31010/1997scr3-1010.html. 38. Supreme Court of Canada. (1990, May 31). R. v. Sparrow, [1990] 1 S.C.R. 1075. Retrieved February 23, 2011, from Canadian Legal Information Institute: http://www.canlii.org/en/ca/scc/doc/1990/1990canlii104/1 990canlii104.html. 39. BC Treaty Commission. (2011, February 8). About Us: BC Treaty Commission. Retrieved March 1, 2011, from

40. 41.

42. 43. 44.

45.

46.

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BC Treaty Commission Web site: http://www.bctreaty.net/files/about_us.php For a copy of this document in its entirety online, see http://www.ainc-inac.gc.ca/al/ldc/ccl/fagr/nsga/nis/niseng.pdf. A copy of the Tsawwassen Final Agreement can be found online at http://www.tsawwassenfirstnation.com/treaty/April%2009 %20%20Tsawwassen%20First%20Nation%20Final%20Agree ment%20English.pdf. Alfred, T. (2001). Deconstructing the British Columbia Treaty Process. Balayi: Culture, Law, Colonialism, 3, p. 57. Corntassel, J. (2008). Toward Sustainable SelfDetermination: Rethinking the Contemporary IndigenousRights Discourse. Alternatives , 33, p. 107. Tully, J. (2000). The Struggles of Indigenous Peoples for and of Freedom. In D. Ivison, & P. Patton, Political theory and the rights of indigenous peoples (pp. 36-59). Cambridge, UK: Cambridge University Press, p. 42. Milke, M. (2008). Incomplete, Illiberal, and Expensive: A Review of 15 Years of Treaty Negotiations in British Columbia and Proposals for Reform. Vancouver: Fraser Institute, p. 26. BC Treaty Commission.


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Land tenure rights in India: an analysis of the failure of amendments to the Hindu Succession Act Victoria Yang This study was conducted under the supervision of Professor James Baxter, Department of Food, Agriculture, and Resource Economics, Ontario Agricultural College University of Guelph, Guelph, Ontario, Canada The right to a minimum standard of living as a basic human right is recognized internationally. As Hernando DeSoto argues in his book, The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else, a clear, legal definition of property rights is essential in an owner’s realization of return to their capital [1]. This would enable an individual in a developing country to raise their standard of living, thus contributing to the recognition of the right to property as a basic human right [2]. The implementation of property rights has become a priority for governments, NGOs, and international development agencies in many countries. While the right to property legally applies to both sexes, it is not extended to women in practice. Amendments to section 6 of the Hindu Succession Act in 2005 legitimized land ownership and inheritance for Indian women [4]. However, the 2006 Agricultural Census indicates that only 10.7% of Indian landowners are women [5]. The failure of implementation of legal changes regarding property rights and women can be attributed to cultural and religious opinions of women, traditional land tenure systems established before British colonial rule, and government bias within legislation. The Indian government must consider preexisting cultural norms and de facto property rights in the employment of new legislations, as they may impose costs on women. In order for changes in legislation to be effective, they must be inclusive of all women of different religious backgrounds, and simultaneous changes across government sectors must be enacted .

T

he recognition of international human rights is the basis for enacting development policy in developing countries. Generally, it is believed that all people have the inherent right to a minimum standard of living. While the idea that everyone should have an equal opportunity to prosperity is not a new concept, the idea of property rights as a means to achieving this equality has only recently developed. In his book, The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else, Hernando DeSoto argues that the key to international development is the revival of “dead capital” through increased investment by the poor [1]. A clear, legal definition of property rights, which is either non-existent or unrecognized in most countries and communities, adds value to capital, and allows landowners to borrow money for investment, using their property as collateral. These investments would allow property owners to capture the full value of their capital, thereby increasing income and welfare for many citizens of developing countries. Formalization of property rights thus results in the potential to realize the return of an individual’s capital and enables the individual to raise his or her standard of living. Therefore the right to legally defined property is now accepted internationally as a basic human right [2]. Governments, NGOs, and international development agencies have prioritized the implementation of property

rights regimes in many countries. This right to property theoretically applies to both men and women, though in some developing countries, it is not extended to the latter in practice. Hence, gender mainstreaming, the “application of a gender analysis to policy and legislation”, is often adopted by governments in developing countries in an attempt to create gender equality in society [3].

PROPERTY RIGHTS IN INDIA The various institutions of India, including families, governments, religious groups, employment, and education, are traditionally very patriarchal. Historically, women’s rights have not been recognized in India, culturally or legislatively. Specifically, women have not been able to acquire, hold claim to, alienate, or inherit land, as it was never written in legislation. Thus, such claims to property rights of land were not supported by the legal system of India. Recent amendments to section 6 of the Hindu Succession Act in 2005 made it legally legitimate for Indian women to own and inherit land. Daughters are officially recognized in these amendments as coparceners with rights and responsibilities to land tenure equivalent to those of a son [4]. However, this amendment of legislation has failed for a number of reasons. Merely formalizing gender equality does not necessarily correspond with practiced gender

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equality. According to the Indian Agricultural Census database, a mere 10.7% of landowners in India are women [5]. The FAO has observed that though women legally have the right to inherit and own property, land is only inherited by a woman in the absence of sons, and it is considered shameful for a woman to uphold a legal claim to land in court [6]. Cultural and religious opinions of women, traditional land tenure systems established before British colonial rule, and government bias within legislation have all contributed to the failure of implementation of new legislations regarding property rights and women. Preexisting cultural norms and de facto property rights regimes hinder the employment of new legislations and may actually impose costs on women. In order for property rights legislation to be effective for Indian women, the government must consider all women of different religious backgrounds in India, and enact simultaneous changes across government sectors.

Despite changes in legislation, the cultural view of women remains the same, making the implementation and actual practice of new legislation very difficult. For this reason, legislation mandating women’s rights to property ownership in India has, in most cases, failed. Persistent traditional land tenure systems The British period of colonization, lasting almost 200 years, was a period of drastic legislative, cultural, and economic changes in India. Despite these changes, traditional systems of land tenure remained intact and the British government’s infrastructure reform had no impact on some of the property rights regimes that had been in place prior to reorganization [9]. The British implemented a land tax in India, which contributed 60% of their total government revenue in 1841 [9]. Banerjee and Iyer found that while the government restructured basic land tenure structure in order to collect revenue efficiently, the traditional de facto regimes were still held at a micro level [9]. New land revenue systems included landlord systems, individual cultivator-based systems, and village-based systems. Both the individual cultivator-based systems and the village-based systems allowed individuals and families to maintain the de facto structure of property rights that previously existed. Revenue was collected from villages as a whole instead of individually under the villagebased system. Villagers divided the responsibility of the tax among themselves based on preexisting land tenure regimes. These regimes were congruent with either the pattidari system or the bhaiachara system. The pattidari system was established during the period of Sikh rule in Punjab from 1708-1769. Under pattidari, land was transferred through male inheritances, excluding women from land ownership [10]. Similarly, the bhaichara system, established in Northern India, transferred land rights through lineages of male relatives and was known for its impenetrability and resistance to change [11]. Under the British government’s individual-based system, landowners paid the government directly and likely maintained their traditional patriarchal land tenure system [9]. Both individual-based and village-based land tenure systems specifically excluded women and did not change for the entire duration of British rule. The fact that the British government, who altered so much of India’s structure and culture, had almost no effect on preexisting micro-level land regimes exemplifies the persistency and resilience of the patriarchal land tenure systems of India. For this reason, amendments to legislation regarding women’s property rights, with no other governmental change, have failed. Amendments alone have no effect on the practice of the property rights regimes that have been observed for centuries.

Culture and religion The belief that Indian women are of lower status in society than Indian men is based largely on religious doctrines and texts. The vast majority of Indians, approximately 80.5% according to the 2001 census, practice Hinduism [7]. The prominence of the Hindu religion in India largely impacts legislation and heavily influences Indian culture. Women are portrayed in religious texts as dangerous, seductive, and valuable solely because of their fertility [8]. Specifically, the Manusmriti, a pseudo religious legal text, outlines the position of various social groups in Indian society based on Hindu doctrines. The Manusmriti extensively describes the impurity of women and their rightful place in society below men [3]. Due to the importance of Hinduism in Indian culture, these descriptions of women in religious texts are commonly accepted and applied. Such classifications lead to negative perceptions of women, as well as to the idea that women are of lower status than men. This logic prompts the rest of Indian society, particularly Hindu men, to believe that women are not intrinsically entitled to basic human rights as men are. As a result of this attitude, men are able to justify discrimination toward women in the workforce, the home, and until recently, most legislation. The widespread practice of Hinduism in India thus has restrictive implications for Indian women, regardless of their religion. Women have been oppressed sexually, socially, and economically, and subordination continues through the structure of marriage. Historical practices such as sati (widow’s suicide on her husband’s cremation pile), arranged marriages with female children, and dowries (a mandatory gift to the groom’s family for accepting their daughter as a bride) illustrate the vast difference between the distinction of men and the worth of women perceived by most members of Indian society. Though these practices are now outlawed, they still occur frequently, illuminating the historical ineffectiveness of legislative change for women’s rights [3].

Government bias within legislation One of the biggest changes in legislation to date, the amendment of the Hindu Succession Act section 6 gave

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rights to women as coparceners, and ultimately the right to hold land titles [4]. However, this legislative change applies only to women of the Hindu religion. Approximately twelve percent of India’s population identifies with the Muslim religion [12]. Thus, while this amendment in the Hindu Succession Act was intended to influence land titling for Hindu women, it is not applicable to Muslim women and has no power in altering their property rights. The social reform debate at the beginning of the 20 th century spurred major legislative changes for Muslim women in India. Increasing pressure from the west to create more gender equal legislation induced the government to pass the Muslim Personal Law (Shariat) in 1937 [12]. This is the unifying piece of legislation that Muslims in India follow. The Muslim Personal Law outlines the rights of possession that Muslim women have, but explicitly excludes agricultural land [13]. This deliberate exclusion induced objection and protest from many NGOs and women’s rights groups, eventually leading to the elimination of the phrase, “save questions relating to agricultural land” (S.2 [13]) by a few state governments [12, 14]. However, the majority of Indian states still include this phrase, which excludes women from agricultural land rights, in their legislature. This ensures that both legally and in practice, Muslim women are unable to own land. Not only is this ineffective in creating gender equality for Muslim women, but this piece of legislation renders the efforts of the Indian government to grant property rights to all women a failure. Due to the religious bias of the government, 12% of all Indian women do not have the same legal rights as the others, having the potential to severely impact the treatment of Muslim women [12].

identify other complimentary changes. These complimentary changes may be essential in successfully creating beneficial, equitable land tenure policy Negative effects of formalization and individualization Kerry Rittich identified three transformations of property rights central to policy reform. Two of these transformations, formalization and individualization, legally define property rights for individuals rather than communities or groups of people [2]. These transformations have the potential to allow landowners to invest in their land, and also offer incentives to efficiently use their resource. While this could improve the welfare of a woman in any given household due to the increase in bargaining power in both the household and on the market, a decrease in welfare is often observed. First, formal ownership does not necessarily equate control. A woman’s name may be written on a land title, but her husband, brother, or father could still control the land. Second, traditional women’s roles in households worldwide are already demanding and often involve the care of others in addition to economic labour. Particularly in developing countries such as India, where women have a lower status in society than men, it is unlikely that the men in the household would take on any additional tasks to lighten a woman’s burden. The additional responsibility of land of their own may be too much responsibility for most women to undertake. The added stress could contribute to poor health, decreased care for dependents, and failed economic endeavors. In addition, increased responsibility may further jeopardize food security for women. According to Rao, Indian women are the most vulnerable in terms of food security in rural households [15]. Added responsibility and increased workload require additional calories, which may not be available to women. As Rao’s research states, an increased workload does not necessarily result in an increase in personal return (i.e. income, food, status) [15]. Finally, the existing de facto property rights structure may actually be benefiting women. Formalization and individualization could nullify the investment of time and energy into the land that a woman had previously claimed. The results of formalization and individualization can have detrimental impacts on women if consideration of the other factors affecting women’s lives does not occur.

NEGATIVE

CONSEQUENCES OF THE APPLICATION OF GENDER-EQUAL LAND TENURE LEGISLATION

In many cases, legislation regarding women’s rights to land ownership is not effectively implemented and not widely practiced. Specifically in the case of India, preexisting cultural norms, de facto property rights regimes, and bias within legislation contributed to the failure of the Hindu Succession Act amendment in 2005. However, in the rare case that legislative change is successful, the sudden acquisition of the right to property may actually have detrimental effects on the welfare of women. According to Kerry Rittich, the effects of transforming land rights via formalization, individualization, and commodification often have more negative consequences for women than for men [2]. Similarly, Rao’s research indicates that complex gender asymmetry in Indian society affects the division of labour in households. Specifically, Rao found that, increased land ownership among Indian women led to increased workload, without higher personal returns [15]. These negative consequences may result in economic and social restrictions leaving women worse off than before the enactment of legislation. The consideration of potential negative consequences of the implementation of new legislation regarding gender-specific rights is necessary in order to

Negative effects of commodification The third transformation identified by Kerry Rittich is the commodification of property rights [2]. This transformation has the potential to increase the commercial value of the land through the ability to invest in more productive economic activity, or the ability to alienate the land on a larger market. However, a decrease in welfare for women is once again observed with commodification. First, as the commodification of land rights results in higher land value, men may be less likely to allow women to

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control their land at all. Women will likely labour more and benefit less than before from their increased efforts. Second, it is likely that the more powerful people in a woman’s life will gain rights to parcels of land before they do, especially if the land in question has the potential to generate large economic benefit. Thus, women would be unable to actually exercise their rights to land and would be no better off than before. Finally, as it is unlikely that women’s household duties would decrease despite the increased responsibility of land tenure, women may be more likely to fail at an economic endeavor. They would likely bear the burden of a loan themselves, and would have to rely on their own labour to pay off their debt. This added responsibility may again be too much for one woman without support, and her “only source of economic security” would be repossessed .

to work with NGOs to develop programs that are accessible to women and that will promote the actual employment of land rights legislation. Finally, the Indian government must recognize that, while the majority of the population of India practices Hinduism, there is a minority population that is Muslim. In order for legislative change to impact all Indian women, revisions must be uniform throughout all pieces of legislation. Amendments should be made to the Muslim Personal Law, and the government should take India’s diverse culture and belief systems into consideration for future changes.

CONCLUSION The formalization of land tenure in developing countries has capacity to improve landowners’ welfare through potential for investment and realization of the returns to capital [1]. Because of this, governments and NGOs have made it a priority to legally structure and apply a formalized property rights regime. Land rights reforms, particularly those that legally define property rights for women, have the potential to empower women and to recognize their basic human rights [3]. However, the application of new legislation is not always successful. The Indian government’s amendments to the Hindu Succession Act in 2005 legally defined the property rights of Indian women, but they were not successfully applied in society. They failed to achieve gender equality in India, as the majority of Indian women still do not have land rights. Of total landowners in India, only 9.5% of them are women [5]. The failure of these amendments can be attributed to the historical and religious perception of women in Indian society, pre-existing property rights regimes, and bias toward the Muslim religion in legislative changes. The government of India should support policies and programs that reflect legislative changes in women’s rights and the diverse religious background of Indian society. Governments must carefully approach legislative property rights changes, as they can impose costs on women and leave them worse off than before the change. In particular, an assessment of women’s household roles, the perception of women in society, existing property rights regimes, alternative market options, and preexisting socioeconomic conditions of women is necessary to determine the effects that may hinder proper implementation of policy. Governments must also be aware of interactions between property rights systems and other institutions, and should maintain consistency throughout related policies. For countries recognizing women’s rights to land in legislation for the first time, an essential first step to achieving gender equality is to recognize women’s rights in all legislation. Gender inequality is an international issue that has no immediate solution. Governments, world leaders, and global organizations will unite in the struggle to grant basic human rights to women worldwide for years to come. A fundamental beginning to the struggle to attain equality for

RECOMMENDATIONS Gender mainstreaming, specifically in regards to legislative land rights, does have the potential to empower women and generate equality in society. However, there are other factors that must be considered alongside changes in legislation. These include the traditional role of women in the household, the perception of women in society, the limited alternative market options for women, the existing property rights structures, and the pre-existing socioeconomic conditions of women. Because of these factors, governments must be wary of the fact that land tenure reforms intended to empower their populations can actually have detrimental effects on women. Legislative changes must be phrased very carefully and, where applicable, complimentary legislations or programs should be created. In addition, other interactions with policy must be considered. Interactions with property rights-related structures such as financial institutions and markets can decrease the benefits that women can derive from land ownership. If amendments or new legislation are the sole changes that are made within government, and discrimination within other institutions remains, it is unlikely that any amendments will successfully empower women. Governments must scrutinize systems related to the implementation of a formal property rights regime and recognize where discrimination exists within. Simultaneous changes in these related systems must then be made to ensure that there are no legislative contradictions preventing the application of women’s property rights. In India’s case, the government must target other sources of discrimination toward women in legislation and in society. In order for amendments regarding women’s rights to be respected, there must be consistency in gender equality across all forms of legislation. Specifically, the Indian government needs to address policies regulating women’s access to legal and financial institutions, markets, and employment. Furthermore, programs such as seed distribution and agricultural education should reflect changes in legislation. It may be necessary for the Indian government

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all is the formation of effective, culturally sensitive legislation that unconditionally recognizes women as having basic human rights.

8.

REFERENCES

9.

1. 2. 3.

4.

5. 6.

7.

DeSoto, H. (2000). The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else. New York: Basic Books. Rittich, K. (2004). The Properties of Gender Equality. Human Rights and Development: Toward Mutual Reinforcement. Oxford: Oxford University Press. George, G.R. (2007). Interpreting Gender Mainstreaming by NGOs in India: A comparative ethnographic approach. Gender, Place and Culture, 14(6), 679-701. Hindu Succession (Amendment) Act. (2005). Retrieved from http://www.commonlii.org/in/legis/num_act/hsa2005269 / Agricultural Census Database. (2006). Retrieved from http://agcensus.nic.in/cendata/nationalT1sizeclass.aspx Food and Agriculture Association. (2010). Gender and Land Rights Database- India. Retrieved from http://www.fao.org/gender/landrights/report/?country=I N Government of India. (2010). Census Data 2001- India at a glance- Religious Composition. Retrieved from

10. 11. 12. 13.

14.

15.

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http://www.censusindia.gov.in/Census_Data_2001/India _at_glance/religion.aspx Wadley, S. S. (1977). Women and the Hindu Tradition. Signs, 3(1), 113-125. Banerjee, A., Iyer, L. (2002). History, Institutions and Economic Performance: The Legacy of Colonial Land Tenure Systems in India. The American Economic Review, 95(4), 1190-1213. The Sikh Encyclopedia. (2010). Pattidari. Retrieved from http://www.thesikhencyclopedia.com/sikhconfederacies-1708-1769/pattidari.htm Unnithan-Kumar, M. (1997). Identity, Gender and Poverty: New perspectives on caste and tribe in Rajasthan. Oxford: Burghan Books. Kazi, S. (1999). Muslim Women in India (Report no. 98/2). Minority Rights Group International. Muslim Personal Law (Shariat) Application Act. (1937). Retrieved from http://www.helplinelaw.com/docs/THE%20MUSLIM% 20PERSONAL%20LAW%20(SHARIAT)%20APPLIC ATION%20ACT,%201937 Agarwal, B. (2005, October 17). Women’s inheritance: Next steps. The Indian EXPRESS. Retrieved from http://www.binaagarwal.com/popular%20writings/Wom en's%20Inheritance_%20Next%20Steps%20IndianExpr ess_17Oct05.pdf Rao, N. (2006). Land rights, gender equality and household food security: Exploring the conceptual links in the case of India. Food Policy, 31, 180-193.


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Perceptions, practices and principles: Increasing awareness of ‘night sky’ in urban landscapes Robin Mosseri This study was conducted under the supervision of Professor Sean Kelly Landscape Architecture, School of Environmental Design and Rural Development, Ontario Agricultural College University of Guelph, Guelph, Ontario, Canada In urban centres the natural cycles of day and night have dramatically been altered by artificial lighting, creating a perpetually lit environment that is rarely considered an issue. Artificial lights are illuminating roadways, structures and public plazas with lighting schemes that are, in most cases, inefficient. Consequently, light pollution has greatly impacted the night by reflecting and refracting light into the atmosphere. Without appropriate consideration of integrating artificial lighting into the urban environment, our “night sky” experience is at risk due to poor approaches to public realm design. This study qualitatively explores light pollution analyzing it based on the environment, society and economy as a whole. A literature review, key informants, and case studies contribute to a greater understanding of light and create a framework to develop a design reference to light efficient urban development. This study examines the need for a shift in public perception, broadening an understanding of the effects of light pollution, and provides design considerations to aid urban night sky awareness, planning and design.

L

ight has continually played a vital role for humanity; from the faint glow of fire pits to the present day electrical grids spanning nations, transitions in lighting have dramatically altered the night. Light pollution envelopes the night in populated cities and surrounding regions hindering or completely blocking views to the stars above. The importance of natural light cycles, or circadian rhythms, is only now being studied by researchers. Light pollution greatly affects the environment, is a massive waste economically and has negative impacts on society. Light pollution has become a global issue that not only concerns the star enthusiast; the explorer, the poet, the mystic and the writer all owe some of their inspirations to the night sky. Humanity has dramatically altered the night and given little thought to what they have lost in the process. [1]

a professional astronomer and the public, a greater understanding of how light plays a factor was deduced.

STUDY GOALS AND OBJECTIVES Goal: To understand how the public perceives the night, define practices and principles that have resulted in poor artificial lighting schemes in the urban context and encourage future considerations to experience the ‘night sky’. The following objectives are intended to satisfy this goal: 1. To explore the body of knowledge on key lighting phenomenon related to environment, society and economy. 2. To examine what communities have done to maintain ‘night sky’ viewing. 3. To translate the identified strategies into a design reference to guide development of urban landscapes. 4. To apply these references to an urban study site to examine its potential as a “demonstration” of; a) an urban space that is light efficient; b) to raise public awareness towards the issue of light pollution.

The saddest paradoxes of modern life: the fact that our developing technology can provide us with stunning images of the near and far universe, and at the same time blind our eyes to the stars above. Human perception of artificial light is the main contributor to over lit environments since darkness, a necessary factor for health and well-being, is often misunderstood for danger and upheaval. There is a need to identify why humanity fears darkness and evaluate the necessity and significance of artificial lighting. By surveying an International Dark-sky Association (IDA) representative,

Exploratory Methods Overview This study began with a broad examination of the literature related to light pollution analyzing it based on the environment, society and economy. It highlights human interaction with light from a physical and psychological standpoint to further understand the inherent need for

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artificial light. The literature review allowed the author to narrow the focus of the study, and led to the development of a more defined research question: how to encourage public awareness to reconsider the ‘night sky’ as part of the urban landscape and develop an appropriate design solution? While the review of literature provided insight on the study topic, the inherent complexity of the phenomena warranted further analysis. The case study method was used to identify and understand a broad range of approaches to sky-conscious lighting and urban design. Two case studies were identified to observe how an area can respond to light pollution. Case study investigation methods included review of both published materials and websites. To help identify sources of information, informal discussions took place with key informants including a representative from the International Dark-sky Association (IDA) and a professional astronomer. Case study site selection was based the following criteria: 1) selected sites should be located in either urban and/or desirable environments or those as having significant demands from a resident or visiting population; 2) promotion of the desire for stargazing must be present; 3) actions to protect the night skies’ visibility must be in place; 4) the sites must be part of a role in educating citizens about night skies; and 5) the availability of published material on the case study sites was considered essential due to the available resources of the researcher. Using an inductive approach with the area of study, data was gathered through the literature review, case studies, and conclusions drawn through analysis of patterns, themes and commonalities discovered in the review. This provided the reference for the application of considerations to a demonstration site. The information derived in this study was organized by themes, objectives, and commonalities (where applicable). A demonstration site’s selection was based on urban context, access and familiarity to the author. The demonstration site offered an application of considerations towards light efficient urban development and benefited from on-site observation, site analyses through aerial photography and mapping, and review of City of Toronto policy documents

themselves [2] lighting is commonly used for the safety and security of vehicles and pedestrians alike [3]. The environment and astronomers often wish light was minimized for the health of ecosystems and their own professional interests. Although lighting is not desired by all, there is a need to strike a balance with conflicting desires [2]. In Fear of Darkness Earth was once cast perpetually in half shadow, allowing the natural cycles of day and night to exist. All living things on Earth lived beneath a majestic canvas of glittering stars [4]. Ben Harder states: [4] Then came fire, the candle, and the light bulb, gradually drawing back the curtain of darkness and giving us unprecedented control over our lives. Since the dawn of religion, light has become synonymous with safety, comfort and beauty whereas darkness has been considered dangerous, fearful and ugly [2]. Public lighting schemes began in the 1450’s in London, England when lanterns were first introduced to reduce crime and ensure public safety. Initially, business owners were ordered to hang lanterns outside storefronts to illuminate the passageways from November 1st to February 2nd with the exception of the full moon period. Paris followed suit as London then decreed mandatory lighting during the months of November, December and January. At 6 o’clock every evening, lanterns had to be placed on the first floor window sill to give satisfactory light for the roads. In the 1600’s, France began suspending lanterns from cables spanning the roads to create a more prominent light system. This system was under direct authorities of the police, thus, directly associating public light with public safety [3]. As populations expanded, social parties began demanding more public lighting from their governed representatives. This led to the introduction of gas as a more efficient light source; in the early 1800’s. In 1823, London’s gas lighting system stretched over 215 miles containing 39,000 lamps. In the European city of Cologne, citizens had a fundamental belief that God appointed darkness and it should be respected. This view, however was not shared as gas illumination spread quickly across the country [3]. In the late 1800’s, gas lighting still prevailed but a new form of lighting began to transpire, the electric lamp. In 1850 the New York police chief believed that “every electric light erected means a policeman removed” [3]. The first arc light system was introduced in Detroit with minimal success due to continual repairs and inefficient lighting from its dim glow which imitated twilight. Success of the electric lamp began once the incandescent bulb was invented, extinguishing gas lanterns permanently. [3] The 19th century led to the construction of mass electric lighting systems throughout developed nations [1]. Electric lighting quickly evolved from the incandescent bulb to high

LITERATURE REVIEW Exploring the historical development, need for, and impacts of artificial light led to develop an understanding of the factors driving current practices of landscape design. The Need for Light Lighting has become a prevalent attribute of design for architectural and landscaping purposes. Building facades are dramatically lit to emphasize the unique aspects of structures, giving them prominence in the landscape. Spot lights highlight natural elements, creating points of interest. Commercial applications use lighting to identify and promote

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pressure sodium and metal halides lamps that had a whiter light, creating the ominous sky above [3]. Unfortunately, humans have evolved believing a brightly lit environment is a safe and comfortable space, overlooking the inherent need for darkness. Nathan Perkins, a professor at the University of Guelph, wisely notes that starry nights and city lights should remain mutually exclusive (2009)

Light pollution is primarily caused by poor lighting design and practices that do not employ strategies to ameliorate reflective and upward lighting. Sky glow has the greatest overall impact as glare and light trespass affect individuals first hand although these tend to be more commonly addressed through design and practice. The Impacts of Poor Design, Practices and Policy Lighting beautifies city and townscapes by highlighting architecture, roadways and public plazas. The issue is not to address the removal of light but to improve lighting to minimize upward and reflected luminance. In addition, there is a need to re-evaluate the incidence of light in reflected surfaces by considering road surfaces, landscape and buildings [2]. A further obstacle is that light pollution is rarely considered a serious concern due to the lack of awareness by the public, authorities and government. Once lumens became low in cost and efficient to install, the natural darkness was doomed to last [2]. The following section outlines the detrimental impacts of light pollution on the environment, economy and society.

Light Pollution Defined Light pollution is caused by upward lighting that is reflected and refracted into the atmosphere and scattered by aerosols, hindering the view to the night sky. Lighting systems that aim light beyond the horizontal plane or direct beams at reflective surfaces will create upward lighting. Aerosols such as minerals, volcanic ash, salt crystals, pollen grains, bacteria spores and waste particles are scattered in the atmosphere. These particles are crucial in condensing atmospheric water and in turn, absorbing light that either hinders or completely blocks the view to the stars. The result is similar a cloudy night which forms a general haze over the sky that either deters or completely shields the stars above [1]. There are three types of light pollutants; glare, light trespass and sky glow. Glare is generally a site specific issue and is categorized as either blinding glare, disability glare or discomfort glare. All cases exhibit light that is inadvertently aimed in the wrong direction, causing visual discomfort or the inability to see depending on severity. Blinding glare, similarly experienced by staring at the Sun, is an intense light that does not allow stimulus response. Disability glare reduces visual performance and contrast as an example, oncoming headlights on a dark road. Lastly, discomfort glare minimally reduces visibility where light is a nuisance. Glare is considered a safety hazard in the realm of light pollution and is a common issue for drivers. [1] Light trespass has a direct effect on people’s lives by the implementation of insensitive lighting schemes. Light extends beyond property lines directly impacting adjacent land. This problem is localized and is often caused by artificial light directly shining into an unintended area, like a bedroom window. Complaints are commonly made to municipalities and, depending on the situation, may be mitigated by shielding the source. [3] Sky glow has a greater impact at a larger scale and is caused by upward lighting that diffuses back towards Earth [2]. It is caused by two main contributors; natural and human induced illumination. Natural sky glow is light from elements such as the Sun, Moon, planets and stars that scatter dust particles, water vapour and aerosols. These airborne particles attenuate atmospheric water and inadvertently absorb light which is then viewed as a luminous glow from Earth [3]. Human induced sky glow is a much brighter illumination as light is carelessly or deliberately projected and reflected back into the atmosphere [1]. Sky glow reduces luminance contrast, making it hard to distinguish night features as a result, an ominous glow [1].

Environmental Impact of Excessive Lighting According to Bob Gent, of the IDA, United States alone contributes over 38 million tons of carbon dioxide emissions a year in excess lighting. These inefficiencies are extremely concerning in a world that is facing a serious climate change crisis. Global climate change has a direct impact on sea level rise, temperature increase and extreme weather patterns dramatically changing the present and future conditions on Earth. Light pollution, a single product of carbon emissions, has a direct effect on all species reliant on the natural rhythms of day and night. [1] Specifically, artificial light affects the feeding, breeding and migration patterns of all species [1]. Recent studies identify critical species being affected; these include birds, sea turtles, frogs and insects. More specifically, night lighting has had the greatest impact on bird species. The organization, Fatal Light Awareness Program (FLAP) [5], has identified that there is a greater bird mortality rate by light attraction then that of a catastrophic oil spill. The lethal combination of glass, the attraction to light, disorientation and weather conditions can injure or kill hundreds and even thousands of birds in a single night. Toronto has reported over 140 different species of birds colliding with buildings in a year during nightfall. FLAP estimates that up to 100 million birds have died in North America in the last year alone, Figure 1 gives an astonishing illustration. Artificial light has also disoriented nocturnal birds that rely on the moon and stars for navigation purposes for their migration bi-annually [4] [5]. Sea turtles have also been negatively influenced by light pollution. They are predisposed to nesting on dark beaches which limits available breeding areas. The hatchlings gravitate to bright areas believing it to be the sea

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Studies by Undergraduate Researchers at Guelph Vol. 5, No. 1, Fall 2011, 54-62 invested $10.4 billion dollars in inefficient lighting in the year, 2009[8].Wasteful and ill-conceived lighting plans have little merit when easily remedied with proper wattages, lighting fixtures and trajectories. One must investigate the energy consumption of an entire nation to fully understand how energy is distributed throughout public lighting. Household energy in most industrialized countries accounts for approximately 10% of a nation’s total energy per annum. Road transport, heating and industries comprise the remainder of total energy. Public lighting is only a small percentage of total household energy usually totaling less than 1%. Although a seemingly small percentage, it still compounds to create a surprisingly large amount of energy consumption. [2] Practicing appropriate energy saving techniques, such as proper wattage, reducing glare and promoting light fixtures that direct light downward, will help reduce energy consumption and minimize greenhouse gas emissions [9]. Although suitable light fixtures and lamp fittings generally cost more, they are sustainable and will benefit future generations.

Figure 1. Species of Birds killed in one Year in North America: The sad reminder of the impacts of birds colliding with buildings at Night [6] horizon, disorienting them. In Florida, hatchlings losses range in the hundreds of thousands every year, as the turtles fail to reach their ocean habitat. [7]. Frogs and toads closely associated with brightly lit areas also suffer because their nocturnal night levels or natural darkness level are a million times brighter than their normal habitat. This illumination directly affects every aspect of their behaviour such as their breeding choruses. [7]. The implications of light pollution towards insects are severe. These small creatures have always been drawn to light and are easy targets for foraging predators such as bats. Fireflies cannot reproduce near incandescent lights since it mimics their spectrum of light. Moths tend to lose their defensive abilities near artificial light making them extremely vulnerable. In a year, billions of nocturnal insects are killed near artificial lights. [4] Although insects are a seemingly small organism affected, the change in foraging behaviour can dramatically alter many systems down the food web and in future generations of predators. Photosynthetic organisms have also been impacted by light pollution. Particularly, light induces physiological activities that stimulate flowering, reproduction, and resting periods of plants. Only vegetation in direct relation to light is affected. Seasonal rhythms are altered due to the change in day lengths. Pigments in the leaves have also been noted to change. Although not as severe an impact as seen in the examples above, these changes do alter the natural cycles of plants. [2] Every living organism in the urban environment must adapt to perpetual artificial light in populated cities and vast surrounds. Although only a few studies have directly linked the detrimental aspects of light pollution to various species, all species must alter their way of living to adapt or perish due to the impacts on their feeding, breeding and migration patterns.

Social Impact of Excessive Lighting Humanity has tampered with the circadian rhythms in nature which have inadvertently caused detrimental impacts on human health [1]. Artificial lighting has altered the natural day and night cycles that have been necessary for proper biological rhythms. Humans rely on these rhythms for sleep patterns, vigilance, tiredness and fatigue [2]. The hormone melatonin, secreted from the pineal gland, is responsible for the sleeping and waking regularities and brain activities, [10]. Studies now suggest that perpetual light suppresses melatonin causing hormone irregularities, and even some forms of cancer [4]. Normal melatonin production occurs during dark nights between 2 am and 4 am and as bright daylight unfolds the clock is ‘reset’ creating a 24 hour cycle. The system is highly sensitive to light to stimulate normal secretions of melatonin. The melatonin hormone has sleep-inducing properties that help regulate a balanced physiological state; it is also is a powerful antioxidant. Furthermore, blue wavelength lighting is the most disruptive to the natural frequency of melatonin production. Blue light seen in LED’s is particularly problematic and can affect multiple functions such as body temperature, hormone release from the pituitary gland and sleep patterns. Shift workers best exemplify an irregular melatonin distribution. Recent studies have shown a greater percentage of breast cancer occurrences for shift workers at a rate of 36% to 60%. Paradoxically this number is three to five times higher in contrast to developing countries that are not as bombarded with artificial light. Approximately, 50% of all breast cancer causes are unknown, it can be suggested that light may have played a significant role in those cases. Colorectal cancers have also had a higher incidence for shift workers where 35% have been affected. [10]

Economic Impact of Excessive Lighting Proper lighting schemes are necessary to reduce energy consumption and incident lighting. The United States

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Although there is no definite proof linking artificial light to cancer, there are significant factors suggesting that disturbing circadian rhythms may be a factor. There is evidence suggesting that shift workers live five to six year less than the average working person, so perhaps a dark night sleep plays a larger role than one assumes [2]. Artificial light should be recognized for its harmful effects of disrupting the natural day-night rhythms that contribute to hormone irregularities, sleep disorders and some forms of cancer.

more interrogative setting that can unintentionally blind citizens. For example, security lamps mounted in a parking lot can involuntarily create blind spots beyond the light fixture, allowing criminals to easily view and apprehend their targets since they are on display [3]. The impact of relighting can also be influenced by the scale of improvement. The introduction of light into previously dark areas may have a greater effect than the incremental amelioration of lighting. [11]. Consequently, the quality of light can only be developed on an individual scale, and alas, may or may not have an effect on crime. Humanity has adapted to brightly lit environment, believing that darkness leaves us blind and helpless. The human eye, however, can adjust to low level night time illumination in unpredictably dim conditions when given the chance. A hormone called rhodopsin, otherwise known as ‘visual purple,’ stimulates the cylindrical rod cells in the retina at low light conditions. The retina can usually adapt to low light within a few minutes which is why driving a dark stretch of highway is not tiring on your eyes for a long period of time. [1] The understanding that light is needed to ease social apprehensions yet recognize that there is no direct correlation with crime will be challenging to accept. Perhaps focusing on proper lighting conditions that illuminate an area with limited upward and reflected light would best solve light pollution.

Public Perception of Light: The Safety Debate The invention of artificial light has greatly safeguarded and enhanced the nighttime environment; is this conclusive? [1] There have been numerous debates concerning the correlation between public lighting and crime since the very foundation of artificial light. There are popular beliefs that the improved visibility at night allows for easier identification and apprehension of criminals. Light is usually considered a deterrent, warding off such criminal activities. Functionally, light increases visual performance, optimizing visual speed and increasing the ability to make judgements and react to different situations [3]. Light also helps enable people to recognize threatening situations by identifying body language and facial expressions- giving an opportunity to escape [3]. However, improved public lighting enhances the visibility of both the criminal and law abiding citizen; so who does it favour? Light can become a courtesy for criminals allowing them to easily reach and escape their targets [1]. In addition to visibility, there is a belief that if criminal situations takes place, spectators could intervene. There is troubling evidence suggesting that in light of a serious situation, civilians rarely intervene in actions that may cause risk to themselves [1]. Others believe, if a criminal can evaluate the risk and has already been committed to an act, light will neither provoke nor deter their actions. Although the act of sight seems to favour both the criminal and the law-abiding citizen, the perception of safety is affected by light. There is firm evidence deeming that society feels safer and less fearful in a well-lit environment [3]. A case study was devised, evaluating campus lighting by Fisher and Nasar (1992) which outlined where citizens felt most at risk. It revealed that students felt insecure in areas where there were places to hide, had restricted views or areas with little room for escape. The study concluded that proper lighting schemes would diminish places to hide and open view sheds but did not assess the inadvertent aid of ameliorating lighting for criminal activities [3]. Nevertheless, the sociological impacts of light always suggest that people have a reduced fear in a well-lit environment [11]. Another question then arises, what defines a well-lit environment? When light is introduced for security purposes it is often at too high a wattage necessary for a ‘safe’ environment. Security lighting is commonly between 300500 Watts although the IES standards recommend 150 Watts as more than adequate [1]. These lighting situations create a

Designing for Night Skies When walking around a city neighbourhood, people need to realize the amount of incident lighting glaring upon them, empty parking lots brilliantly lit and commercial premises seemingly still open after hours [12]. There is a common misconception in lighting that more light is better, however, the best solution is improved lighting quality as previously mentioned. Light pollution can be easily remedied by establishing awareness of the issue, installation of proper lighting schemes and considering incident lighting. Since light pollution is a global issue an international agreement should be met to develop a universal lighting standard that properly mitigates upwards and reflected light [1]. Currently, there are many ‘islands of good practice’ where local communities have established the need to protect the night sky but this small scale action should expand due to the detrimental effects light pollution has on the economy, environment and society. [1] There is a need to extinguish all lighting that emits beams above the horizontal level for roadside and ground lighting. Security and spot lighting should be at the proper wattage and incidence to reduce glare and reflective properties. Motion sensor lighting also helps minimize overall usage. All decorative fixtures should be at a low lumen output to minimize upward lighting. Although aesthetically pleasing, removing the uplighting on buildings will reduce sky glow since they are one of the prime contributing factors. The IESNA has devised standards for

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full cut off fixtures that direct light downward and minimize spill light. [9] The IDA provides an Outdoor Lighting Code Handbook that demonstrates acceptable lighting practices and provides a vast index of lighting solutions for industrial, landscaping and parking situations. The Commission Internationale de l’Eclairage (CIE) has developed zoning classifications to determine areas that are sensitive to light and areas where light has a lesser impact. Four specific zones were categorized from E1, areas of natural dark landscapes that need protection to E4, urban areas with considerable night time activities (see Table 1: CIE Zoning for Sensitivity [13]). The system helps reduce light pollution in zones deemed sensitive but does not consider the implications of light in high district areas. To achieve proper lighting quality, light must be strategically placed where needed. The Royal Astronomical Society of Canada (RASC) has developed a light abatement program that strives to promote dark skies. The program focuses on public awareness, civic promotion, municipal guidelines and light pollution bylaws. Light pollution is a nationwide problem but is only addressed through the jurisdiction of local municipalities. Therefore, volunteers must approach professionals and government agencies to argue the need for darkness. By educating on the basis of environmental, social and economic impacts of light pollution, these volunteers strive to promote efficient lighting techniques. [14] Designers should consult the Outdoor Lighting Code Handbook [8] to consider minimizing all unnecessary and inefficient light practices. It is still possible to create an aesthetic night landscape that does not hinder the view to the skies above. The implementation of full cut-off luminaires and the consideration of incident lighting will help minimize overall lighting issues. The night sky should be considered one of the greatest aspects in all designs for it is a palette of inspiration and wonder that has marvelled humanity since life began.

CASE STUDIES In reaction to how light pollution affects communities, two case studies were identified to observe how an area can respond to this issue. The research helps reveal the outcomes of efficient lighting systems and acts as a precedent for overlit skies. Flagstaff, Arizona is one of the United States of America’s leading astronomical research bases and is no wonder also a frontrunner in the protection of the night. Torrance Barrens, Ontario is the first dark-sky preserve of its kind and provides an excellent opportunity for stargazers to visit and enjoy the northern hemisphere. Both locations have strict policies and guidelines set by the neighbouring communities to protect the valued night. Flagstaff, Arizona, United States: In 1894, the astronomer Percival Lowell entered the quiet town of Flagstaff, Arizona with a Clark telescope choosing the location based on its high elevation and clear dry skies [15]. The town quickly became a leading astronomical research centre with the development of the Lowell Observatory, United States Naval Observatory of Flagstaff and the National Undergraduate Research Observatory. In fact, in 1930 Flagstaff astronomers were the first to discover Pluto [15]. The success of this development rested solely on the stars above, thus, proper lighting schemes are crucial to protect them. This location also hosts thousands of amateur astronomers and visitors alike who seek refuge from bright city lights. [16] As a result, Flagstaff, Arizona became the first IDA city. The small population of 60,000 residents has lived with a great respect for the night sky. The first ordinance declared by the Flagstaff City Council 1958, restricted the use of search lights, floodlights and harmful upward lighting. In 1989, the county created innovative lighting codes to combat the rise in population. The code outlined the necessity to prohibit light trespass, glare and sky glow in this light sensitive area. Legislation approved restrictions on all outdoor lighting elements ensuring the highest quality lighting codes. The Flagstaff IDA also created a campaign named the ‘FDSC Million Lumens Campaign’ to reduce lumens and replace outdated fixtures by providing a generous incentive to local businesses. The replacements of high pressure sodium and mercury vapour lamps with low pressure sodium lamps that are fully shielded was mandated to minimize light pollution [15]. Flagstaff, Arizona is an excellent example of a light savvy community that has innovative techniques and the motivation to preserve the night sky. Although most cities do not have the same astronomical presence, the techniques can easily promote dark skies in all willing communities. [16]

Table 1. CIE Zoning for light sensitivity [13

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Studies by Undergraduate Researchers at Guelph Vol. 5, No. 1, Fall 2011, 54-62 Queen Street, a vibrant and trendy area in the heart of Toronto. The location is nearby the Royal Ontario Museum and the Art Gallery of Ontario, two very popular tourist destinations for arts, science and culture that can also connect to the site. The Royal Ontario Museum also once hosted a large planetarium that explored the history and experience of astronomy, but due to a lack of interest and funding, it was sold to the University of Toronto in 2009 and is planned to be demolished. There is a smaller scaled astronomy oriented venue left on site further proving the lack of interest in astronomy today. This site is adjacent to several eateries including: Everest, East and Ben & Jerry’s Restaurant; they cater to evening and daytime uses; the two alleyway ‘pocket’ parks are used solely for restaurant clientele. The park on Renfrew Drive, named St. Patrick’s Market was also included as part of the study site since it was underutilized in the urban environment. (See Figure 2 for an illustrated version of the site context)

Torrance Barrens, Ontario, Canada: Torrance Barrens is a smaller scale example that demonstrates the effectiveness of a Canadian Dark-sky Reserve. The reserve was the first of its kind, established in 1990 to address and mitigate the growing intrusion of light pollution on astronomical events. The director of the Natural Heritage Project, Peter Goering, in partnership with the Ministry of Natural Resources and the Ontario government, helped to designate the zone free of urban light pollution near many local communities in the Muskokas. The Township of Muskoka Lakes passed a resolution that all artificial lighting must be directed downwards aiding in the recovery of the night sky surrounding Torrance Barrens Dark-sky Reserve. [17] Torrance Barrens is a 1900 hectare dark refuge of intrinsically beautiful environment with rock outcrops, rare plants, wildlife and many recreational opportunities. The true spectacle, however, is the night scene. The area is situated on Precambrian bedrock that is categorized by low ridges and separated by wetlands. The location was also chosen based on the relatively open expanse in tree canopy, with views to the horizon, solid granite surfaces perfect for the telescope and night photography as well as accessibility to major cities such as Toronto and Hamilton approximately 2-3 hours away [18]. The inspirational vistas proudly feature the Milky Way, occasional northern lights and many other constellations that are never observed in the urban setting. The Dark-Sky Reserve helps reconnect citizens to the natural wonders of the skies above and is an avid example that can be used to educate and promote dark skies in many communities.

Opportunities and Challenges Key opportunities and challenges for the site application are a result of observations recorded during site visits, and conclusions drawn through review of relevant documents. Opportunities included the availability of solar power collection, retrofitting an existing area that is otherwise unused and creating a light pollution focused design in an urban context. The major challenges included how to redesign the existing site with consideration to the adjacent uses and materials that may inadvertently affect the design and establish a safe and effective light pollution design. The overall concept would address a manner to create efficient lighting scheme with a sustainable power source generated from the photovoltaic panels proposed on the

CONSIDERATIONS FOR DESIGN APPLICATION From the literature and the case studies reviewed, five key considerations for landscape architecture and urban design related to lighting and night skies were identified: 1. Protection of the night sky has contrasted undoubtedly with society; 2. Society feels safer in a lit environment; 3. Focus should be on improvement of lighting quality to reduce the impacts of light pollution rather than the removal of artificial light; 4. Issues of light trespass and light pollution should be considered as a forefront to design; 5. Education is the best offence against light pollution is making the issue openly known and creates interest in the skies above. Further, references for design applications were developed providing an opportunity to both explore urban site lighting efficiency and the potential for raising public awareness towards the night sky and light pollution. A Study Site Application The background of the selected study site includes a small open parkette bordered by alleyways and is located on

Figure 2. Site Context Plan

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Queen’s Market. Offering an understanding of the significant contrast between a sky affected by light pollution and areas where light is nonexistent will be difficult on such an urban site – other means will need to be employed. Key Design Programmatic Ideas Specific programmatic elements were guided by objectives related to raising public awareness, engaging site visitors and demonstrating ‘best practices’ in site lighting design. These have been categorized into four main themes: 1. Safety & Security – one of the greatest challenges for the design was to ensure a feeling of safety and security within a dark sky environment. Thus, the design does not propose the elimination of lighting, rather a more efficient layout; minimizing the effects of light on the vertical plane. 2. Light Pollution Awareness Devices – the Bird Memoriam Panels, and Contrast/Void feature: The Bird Memoriam Panels were a series of glass panels with a silhouette of a bird; representing many species of birds that have perished in Toronto. Approximately 140 different species of birds and over 100 million birds have died in North America in a year alone [6]. The window-pane screen illustrated the devastating effects that light pollution has on migratory birds. (See Figure 3: The Bird Memoriam Panels) Contrast/Void Installation demonstrates the difference between a sky affected by light pollution and areas where light is nonexistent. This installation unveils a clear night versus an urban night; the voids or holes help identify the contrast and raise awareness to the impacts of artificial light. (See Figure 3: The Bird Memoriam Panels and Contrast/ Void Feature) 3. Minimal Refraction Techniques – All lighting fixtures proposed in the design are “full cut-off” (no light exceeds the horizon or 90 degree angle). All lighting is proposed to be high efficient LED’s, with wattage ranges in conformance to IDA standards [19]. Lighting was also carefully placed on nonreflective surfaces such as planting beds and asphalt to minimize any refracted light. 4. Purposeful Public Art – exciting the general public to look up and beyond the horizontal plane utilized an element called, the Branches of our Northern Hemisphere; a large tree form that acts as a symbolic connection between our Earth and the Universe. The tree itself is a delicate depiction of the constellations about us, reminding the public of the beauty above. Seating also guides the viewers’ gaze upwards with lounge chairs and rolling berms to continue drawing the attention to the vertical plane. (See Figure 4: the Branches of our Northern Hemisphere).

Figure 3. The Bird Memoriam Panels and Contrast/ Void Feature This demonstration, one of many possible solutions, considers the diversity of the issue and created elements that would not only educate the viewer, but excite them. It proposes a redevelopment of the site prioritizing consideration of the night sky in an urban context. The demonstration plan aspires to act as a precedent for future site lighting designs with one major goal, to raise awareness of the inspiration above and mitigate light pollution. Relevance of the Considerations to Practice It was not the intention of this study to establish a single blueprint for addressing social stigmas, energy consumption and light pollution for the design of urban landscapes, as each one is unique and may require a different type of intervention, but rather to provide a series of considerations to guide the design outcome. |Bringing together the general body of knowledge of lighting phenomenon, lighting design, and night sky preservation, these considerations could be useful in a number of different contexts. First, increasing

Figure 4. The Branches of our Northern Hemisphere

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awareness may present opportunities to those involved with planning, design and management of urban space, new and existing sites, night sky conservation, and may guide policy towards “night sky” preservation. Second, these considerations could be evolved into an evaluation tool to assess site plan compliance to night sky preservation policies or to review site lighting design proposals in their conceptual stage.

3.

4. 5. 6.

CONCLUSION

7.

The primary goal of this study was to understand how the public perceives the night, define practices and principles that have resulted in poor artificial lighting schemes in the urban context and encourage future considerations to experience the ‘night sky’. Issues related to light pollution, night sky perception and awareness, and conservation techniques were compiled into considerations that could be used to guide the design of urban landscapes. Light has become a 24 hour phenomenon and continues to play an essential role in society, providing a sense of ‘security’ and aesthetics. There is a need to reevaluate the importance of circadian rhythms for all species as a whole to fully comprehend the impacts of artificial lighting at a broader scale. The inefficiencies of public lighting have contributed to millions of tonnes of global greenhouse gas emissions annually. The major challenge of light pollution is combating the public perception of light. While light is known to enhance an individual’s sense of security, the public needs to be aware that a brightly lit environment is not always advantageous and mitigation for quality over quantity is required for night lighting. Planning and design professionals, policy makers, municipal officials, and citizens have a responsibility to ensure appropriate use of light. Many opportunities and considerations exist to aid in the preservation of the night sky. A continued disregard for these will further diminish the night sky experience most notably in our urban environments.

8. 9.

10. 11. 12.

13. 14. 15. 16. 17. 18.

REFERENCES 1. 2.

Mizon, B. (2002). Light pollution. Springer Verlag. Schreuder, D., & Narisada , K. (2004). Light pollution handbook. The Netherlands : Kluwer Academic Pub.

19.

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Boyce, P. (2003). Human factors in lighting second edition. New York : Taylor & Francis . CIE, . (1997). Zoning by-laws for light reduction. (http://www.cie.co.at/index.php/Publications/Technical+Repo rts+and+Guides) Harder, B. (2008, March 24). Turning out the lights. News and World Report, 144(9) FLAP, . (2009). Fatal light awareness program. (http://www.flap.org/flap_home.htmCIE) FLAP, . (2009). Fatal light awareness program. (http://www.flap.org/flap_home. htmCIE) Klinkenborg, , & Verlyn, . (2008, November). Our Vanishing night . National Geographic, 214(5). (2009). International dark-sky association . (http://www.darksky.org/) Ryan, K. ASLA, Monsum, M. (1996). Outdoor Lighting Manual For Vermont Municipalities. Chittenden County Regional Planning Commission Vermont: Queen City Printers Inc. Pauley, S. (2003). Lighting for the human circadian clock: recent research indicates that lighting has become a public health issue. Medical Hypothesis, 63, 588-597. Atkins, S, Husain, S, & Storey, A. (1991). The Influence of street lighting on crime and fear or crime. London : Crown . Gallina, C, & Mandyck, J. (2009). Light done right. Library Journal, (http://www.libraryjournal.com/article/CA6696205.html?indu stryid=47090) CIE 150 (2003). from Schreuder, D., & Narisada , K. (2004). Light pollution handbook. Pg 141-142 The Netherlands : Kluwer Academic Pub. (2009). Light pollution abatement program. (http://www.rasc.ca/light/) Friederici, P. (2001). Stargazers defend darkness in Arizona. High Country News, (216), (http://www.hcn.org/issues/216/10890) Flagstaff Dark Skies Coalition, . (2007-2009). Flagstaff's dark skies coalition. (http://www.flagstaffdarkskies.org/index.htm) Maddock, B, Kuntz, K, & Goulbourne, P. (2009). Muskoka heritage foundation natural heritage program. ( http://www.muskokaheritage.org/natural/torrancebarrens.asp Silver, M. (2009). Torrance barrens dark sky reserve rasc designation dark sky preserve . (http://www.rasc.ca/lpa/torrancebarrens.shtml) International Dark-sky Association, . (2002, September). Outdoor lighting code handbook. (http://www.darkskysociety.org/handouts/idacodehandbook.p df)


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Studies by Undergraduate Researchers at Guelph Vol. 5, No. 1, Fall 2011, 63-68

Sleeman biogas boiler system design Peter Alm, Kathryn Falk, Thomas Nightingale, Zachary Zehr This study was conducted under the supervision of Professor Medhat Moussa, School of Engineering, College of Physical & Engineering Science University of Guelph, Guelph, Ontario, Canada Energy costs represent a significant expense in the brewing of beer, and it is in a company’s best interest to minimize these costs. Due to the high organic loading processed by the on-site wastewater treatment plant at Sleeman Breweries in Guelph, Ontario, a large amount of biogas is generated, which could be used as an energy source and revenue stream for the brewery. The purpose of this project is to design a system that will make use of the wasted biogas to benefit the company. First a preliminary analysis of several design alternatives was conducted in order to determine the best option. Through this analysis it was determined that a pretreatment and piping system, along with boiler modifications would be the most cost effective method of dealing with the biogas. This system would save the brewery approximately $134,000 in the first year it was implemented, and have a payback period of approximately 5 years. Therefore, it is recommended that Sleeman Breweries consider moving forward with the proposed biogas recovery system. This report describes the detailed research, calculations, and modeling completed to design this system in order to present with confidence the optimal solution to Sleeman Breweries.

T

he Sleeman Breweries Guelph facility is currently treating their wastewater on-site using an anaerobic digester and flaring off the biogas. The biogas, mainly consisting of methane, is a potential fuel source for the brewery. The system designed makes use of this methane in a biogas powered steam boiler, which will save the brewery money on natural gas costs. Due to more stringent regulations and environmental concerns, it is important that the brewery find a more sustainable way of running their operations by using a biogas recovery system. This report includes a system model of the design and demonstrates the cost savings with the use of the biogas system. The model was based on current production values and considers growth and efficiency changes to approximate the payback period. A sensitivity analysis is completed, which shows the effect of changes in inputs on biogas production and natural gas savings. The constraints, criteria, and modeling analysis were used in design evaluation and optimization. This analysis allowed for a recommendation that Sleeman Breweries can feel comfortable in pursuing.

BACKGROUND

the inflow rate. The biogas produced by this process is made up of approximately 78% methane, 0.5% hydrogen-sulphide, trace hydrogen, water vapour and the remainder carbon dioxide. The flow rate of this gas stream is approximately 1,150 m3 per day on average [2]. Currently, the biogas stream is flared off to remove the methane, without making use of the available energy. The brewery consumes large amounts of natural gas, 87% of which is used for steam production, using two 300 hp and one 500 hp fire tube boilers at typically 30 to 50% load. Since the biogas can be used in place of natural gas, it is valuable as a combustion fuel in one of the steam boilers, to reduce costs at the plant. The design constraints that must be met by the final design are presented in the list below:  The payback period must be less than 10 years  The design must accommodate the predicted growth rate for the next five years  The system must be flexible in order to deal with fluctuations in pH, flow rates, and diverse compositions of influent in the wastewater stream  All applicable regulations and laws must be met regarding installation and operation

Biogas is generated when organic compounds containing carbon, hydrogen, and oxygen are consumed by bacteria in the absence of oxygen, which produces carbon dioxide and methane [1]. The existing anaerobic digester has been in place since 2004, and operates at approximately 50% to 67% capacity, with an average flow rate of 606 m3/d and a hydraulic residence time of about two hours, depending on

Additionally, the system should maximize the following design criteria, in order to provide maximum benefit for the brewery:  Maintenance requirements should be low, and it should be possible for a single person to operate the system  The design should be flexible, modular, and capable of

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being relocated due to future expansion  The system should be reliable, and capable of lasting for a long period of time  The payback period should be as low as possible  The system should have a low risk of failure  The system should be as simple as possible, including installation with minimal interruption and a minimal number of additional components required  The system should minimize negative environmental impact with respect to waste, emissions, energy and water consumption

included the current single digester, additional digester, modifications to the digester for co-digestion, upgrading the digesters to thermophilic conditions and the introduction of multiple stage digesters. The second options focused on the treatment of the biogas, utilizing either a combination of activated carbon and an iron sponge or a condensate. The third options considered the use of the biogas once it was treated. These options included burning it in the current boiler system, burning it in space heaters, selling the biogas directly, treating the biogas and selling it as natural gas, and converting it to electricity for onsite use or sale to a power company. Other additional options that were considered were the use of waste heat on site. Through cost analysis and evaluation of the options against the constraints and criteria it was determined that the best alternative is to add a second digester for growth, use activated carbon and a condensate for the biogas treatment and to burn the biogas in the boilers on site. The system designed consists of four main components as seen in Figure 2. Currently wastewater from the brewery is piped to the treatment facility, enters the conditioning tank where chemicals are added to adjust the pH and then flows into the digester where the biogas is produced. These steps will not be altered in the proposed design except that a second conditioning tank and digester will be added after 5 years to take into account predicted growth. The biogas produced in the digesters will then flow through a PVC piping system to one of the boilers after passing through two treatment systems, one activated carbon scrubber and one condensate system where H2S, water vapour and suspended solids are removed. The burner on this one boiler will use an automatic controller to mix natural gas and biogas to produce enough fuel to keep the 300 hp boiler between 30-50% load. With the biogas being used in the boiler system, it will reduce the natural gas consumption by an average of 9.8%, leading to about $134,000 saved in the first year. If by chance the boiler shuts down or in any way the biogas cannot be used continuously, the flow can be re-directed to the flare currently installed.

In order to create a design, it was necessary to make several assumptions for information that was not available. Regarding the digester it is assumed that the hydraulic residence time is 2 hrs, the design loading rate is 20 kg TCOD/m3day and the optimal efficiency is at 2/3 of this loading rate. It is also assumed that the relationship between the biomass and biogas production is constant, the composition of the wastewater is constant, the biogas is saturated with water prior to treatment and that 1 m3 of biogas is equivalent to 0.778m3 of methane since the average methane content is 77.8% [2]. The biogas production is assumed to be constant at 0.4464 (kg COD)/(kg VSS)day. Additionally the growth rate is assumed to be constant for the next five years with the amount of energy, and water used as well as wastewater produced to increase proportional to growth and the cost of natural gas to be $0.3753/m3 of methane [2].

DESIGN CONCEPT The system was analyzed and designed based on three main functions: convert the organic matter into biogas, treat the biogas and convert the biogas into useful heat or work. Some of the options initially considered for these three functions are outlined in Figure 1. The first options were to consider how biogas was to be produced. These options

Figure 1. Summary of Design Alternatives Analyzed

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Figure 2. Designed System Layout

drum scrubber. This scrubber will remove a minimum of 99.5% of the H2S gas present in the biogas stream, is corrosion resistant, and is able to filter at a rate of up to 100 cfm[4]. This is more than adequate to treat the amount of biogas currently produced, as well as the amount produced after the 5-year growth period. The unit will cost $3,000, and replacement media will cost $190 per bag, with 5 bags required for operation [4]. The Varec Biogas 233 Condensate/Sediment Trap will be installed inline after the digesters, in order to remove water vapour before it cools and condenses in the piping. Removal of the water vapour will prevent corrosion and firing issues in the boiler burner, ensuring that maintenance and long term reliability are optimized [5]. The condensate trap itself is easily cleaned and removes condensation through a sudden decrease in velocity and high centrifugal force [6].

DETAILED DESIGN & ANALYSIS Anaerobic Digestion System The current Expanded Granular Sludge Bed (EGSB) digester is running at 2/3 capacity, 13.5 kgCOD/m3day of the 20 kgCOD/m3day the tank was designed for [2]. Assuming 20kgCOD/m3day is the average loading rate and the predicted growth over the next five years leads to a corresponding increase in the wastewater flow, it was determined that the brewery would need to add a second digester at the beginning of year 5. Given that the digester becomes less efficient as it reaches capacity and it is assumed to be currently operating near optimal conditions, a digester of 200 m3 was chosen. The size of the new conditioning tank is approximately 75% of the volume of the existing digester, providing a slightly shorter hydraulic retention time. Since the size of the second digester will be 200 m3, the conditioning tank will therefore need to be 150 m3 to achieve 75% of the conditioning tank volume. The additional digester and conditioning tank are estimated to cost $600,000 and $200,000 respectively based on the costs of the current digester [2].

Piping For the biogas piping system, a PVC piping material will be used, as PVC is low cost, easy to install, and resistant to corrosion [7]. PVC is also beneficial in that it is easier to stop the flow by pinching the tube in the event of a gas leak, and can be used in low to moderate gas pressure applications [7]. PVC pipe can also be safely buried underground, with a tracer wire to aid in locating the pipe at a later time, as it will be installed underground outside [8]. The system will require approximately 133.6 m of 4-inch PVC piping, along with six 90-degree PVC elbows, and one PVC tee that will connect the two digesters to a single outlet pipe. The total cost, including installation for the piping system will be approximately $8,400 [9]. The piping will be installed to carry the biogas from the digesters to the boiler room. The existing pipes will be used to carry fuel to the backup flare. The piping system was designed to convey at least the 85th percentile biogas flow, after the projected 5-year growth. This was done due to the fact that sizing for this flow will

Biogas Pretreatment System When the methane is extracted from the digester it will contain a trace amount of hydrogen sulphide and water vapour, which will be removed with activated carbon and a condensate trap, respectively. The current concentration of H2S being produced by the digester is between 0.3-0.6 ppm. Since even small amounts of H2S can cause corrosion in pipes and boilers that the biogas comes in contact with [3], the H2S gas will be removed with the use of a Purafil DS-100

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still capture nearly all flow overall, but will allow for the use of a commonly available pipe size of 4 inches. This means that after five years of company growth, the pipes will still be able to convey all of the biogas to the boilers on 85% of days, according to the sizing chart for natural gas on Engineering Toolbox [10]. On days where this level is exceeded, the pipes will convey most of the flow, while excess will be flared. The design flow for this requirement is 2,410 m3 of biogas per day, assuming constant flow over the entire day. A curve of best fit was created for maximum flow rate vs. length of pipe, and the maximum flow rate for the required pipe length of 133.6 m was found. According to this chart, a pipe of size 4-inches would be acceptable for piping the biogas at a flow rate of 2,470 m3 /day. With this size pipe, capacity will account for all biogas produced by the digester on approximately 85% of all days.

the replacement of a burner rather than upgrading the entire boiler was the best option. Since flows would not exceed the capacity of one 300 hp boiler only one burner would need to be replaced. This will optimize the boiler system by minimizing the initial cost to the brewery, and reduce the risk of failure and additional maintenance needed while costing only $15,000 [11]. To ensure the correct ratio of air to fuel and natural gas to biogas at the burner, a Honeywell ABC900 control system will be installed. This system will be able to monitor and adjust the air-fuel ratio, as well as the biogas to natural gas ratio of the boiler as the biogas composition changes with time [13]. This will allow the boiler to operate at maximum efficiency as the methane concentration of the fuel changes. Modeling Modeling of the system designed was completed in order to assess the costs and payback period. The model consists of two sections; the first regarding the digester, which relates the inflow of waste water to the biogas production and the second regarding the boiler, which relates the biogas production to the amount of natural gas saved. Due to the complexity of the system this design analysis, a simplified model relating the change in volume and flow to the production of biogas was developed rather than a more complex model as described in the literature since one could not be determined reliably. The model captures the relationship between the changing inputs (change in influent flow), changing system (change in biomass and addition of second digester) and changing outputs (change in biogas production). Refer to Figure 3 for a diagram of the model. A relationship between the biomass concentration, biogas production, natural gas required and natural gas saved was determined based on data from the existing system and previous modeling of anaerobic digesters [14][15]. A direct and reliable relationship however between the change in inflows and change in biomass could not be found. Therefore for simplification, it is assumed that each unit increase in flow would result in an equal increase in average biomass and consequently, an increase in biogas production. To account for the decrease in production as the tank fills, as mentioned by Pontes & Pinto [16], a factor proportional to

Biogas Steam Boiler Currently, the company is relying fully on natural gas to run their boiler systems. With three boilers, one 500 hp and two 300 hp, 30 years and 8 years old, respectively, and running continuously, Sleeman Breweries is using roughly 500,000 m3 a month of natural gas, or over $2 million annually [2]. The current boiler burners, however, are not designed to burn biogas [2]. Therefore, for biogas to be utilized in this system, the burners in the boilers will need to be replaced. Since all three boilers run on a 2-pass system, the water is only in contact with the heat twice, so the temperature must be high to ensure the correct amount of steam is being created. The new boilers being considered to replace the two smaller boilers would have a 4-pass system. With this system, water is in contact with the heat twice as much as the previous system, meaning that the temperature of the air can be reduced and effectively reduce the natural gas consumption. With the new boilers in place it will increase efficiency nearly 4%, bringing the boilers efficiency up to 80-85% [11]. The burner chosen for consideration is the MPG series, manufactured by Midco International, since it can run on biogas [12]. This burner’s control system will measure the amount of incoming biogas and adjust the natural gas flow to allow the efficiency of the boiler to remain constant. The options of either replacing the boiler and burner or replacing simply the burner in one or two of the boilers were compared against the criteria and constraints. This analysis found that

Figure 3. Model Diagram

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the change in loading rate is added. For this case (referred to as Case 2) this factor is assumed to be 33.3%. The validity and effect of this assumption was tested and is described in the following sections by changing the factor and examining the effect on the payback period. Modeling of the system found that the payback period, given the above assumptions and the second digester is installed in year 5, to be 5.3 years. Additionally, sensitivity analysis was carried out in order to determine the effect of certain parameters and assumptions in the model on the cost of the design. It was determined that the payback period was not very sensitive to either a change in the growth rate or the assumed 33.3% factor but was very sensitive to the digester and conditioning tank costs. Any reduction in these costs would significantly affect the payback period. Sensitivity of the digester to varying operating conditions was determined using the Expanded Granular Sludge Bed (EGSB) Reactor Model, which resembles linear performance model. This sensitivity analysis was mirrored off one performed by Pavlostathis and Gossett [17]. The parameters being addressed are the growth rate of the bacteria (ÂľMA), the initial concentration of the bacteria (XMA), the bacterial yield (YMA), reaction rate in the reactor (Rs CH4) and the volume of digester tanks 1 (V1) and 2 (V2) individually. The results of this sensitivity analysis found that the reaction rate to be the most sensitive parameter, followed by the Initial Concentration and Bacterial Yield, respectively. Conversely, the volume of the second digester is the least sensitive parameter. As an example, as the Reaction Rate decreases by 10%, the overall biogas production will decrease by 11.85% if all other parameters are held constant.

Table 1. Biogas Production and Payback Results for Analytical Models Avg. Biogas Production for 10 Model Payback Period (yrs) yrs (m3/d) Case 1 1691.2 5.0 Case 2 1632.2 5.3 Case 3 1531.8 5.8 EGSB 1432.6 6.2 Average: 1572.0 5.6

Figure 4. Net Payback Periods for Analytical Models

and biogas production exists, and increasing the flow per unit volume does not inhibit the growth or biogas production in anyway. Case 3 assumes the increase in volume does inhibit the growth of biogas as in Case 2 but to a lesser degree and therefore the factor is assumed to be 90%. A payback period between 5 and 6.5 years for each model was produced as seen in Table 1 and Figure 4. Design Evaluation Overall the system proposed in this report is simple and reflects the needs of Sleeman Breweries. The system was optimized with the understanding that the purpose of the anaerobic digestion system at the brewery is primarily for treatment of the facility’s wastewater, and that the company is interested in obtaining the highest possible economic gain, while improving their environmental image. Cost modeling as described in the previous section gives confidence that the system will provide a reasonable payback period under different scenarios. As well, the sensitivity analysis gives confidence that a variation in growth rate will have a minimal effect on the payback period and thus the system will still be profitable given a year of decreased growth. It also indicates areas of opportunity, for example in reducing the digester and conditioning tank capital cost, where the company can significantly decrease the payback period for the project. Model testing gives some confidence to the model as the overall payback period is not changed significantly under different cases. However, it should be noted that all the models contain several assumptions and are very simplified.

TESTING AND EVALUATION Testing The model described in the previous section was validated by comparison with a second independent model. In the paper Analysis of integrated Kinetic and Flow Models for Anaerobic Digesters by Pontes and Pinto, several models are suggested for use with expand granular sludge bed (EGSB) reactors [15]. The EGSB model is quite different than the linear growth models, in that rather than approximating the biogas production from the flow rate of the wastewater, it is based on a bacterial reaction rate and the volume of wastewater under digestion. The reaction rate, however, is still derived from the wastewater flow data. The results of this model closely reflect those of the previous case, where on average about 1,572 m3/d of biogas is produced over a 10-year period. Two other cases which are variations of Case 2 (described previously using the 33.3% factor) were also tested to evaluate the model under different scenarios. In case 1, optimal conditions were assumed, where a 1:1 relationship between wastewater flow

Consideration of Constraints & Criteria The design is evaluated against the criteria and constraints in supplementary information and shows that the biogas utilization system design meets all the constraints outlined. The payback period is less than the maximum allowable 10 years, at 5.0 to 6.2 years. The backup natural gas supply allows the biogas boiler to be completely flexible to changes

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in biogas flow rate. The high growth rate of the company will be allowed for by the design, which is sized to handle flows for the company’s growth over the next 5 years. Applicable regulations will be met during installation and operation of the design.

7.

CONCLUSIONS In this report, the use of biogas in Sleeman Breweries’ Guelph facility operations was investigated, and a final system design was presented. The design itself is optimized based on the constraints and criteria of the brewery. The system will include an additional digester in year 5, a piping and treatment system for the biogas, and a replacement burner for one of the existing boilers. The design will benefit the brewery by offsetting approximately $134,000 in natural gas costs annually, and it will reduce the amount of natural gas consumed and the amount of air pollutants released. As production grows, the annual savings will grow to reflect the increased biogas production, as the system is sized to accommodate future growth. Additional modeling and reviewing of the design by experts working with the current system and in the field to ensure its reliability should be completed. It is recommended that Sleeman Breweries pursues further development of the design presented in this report.

8.

9. 10.

11.

12.

13. 14.

REFERENCES 1.

2. 3.

4. 5.

Renewable Biogas. 1999. Renewable Energy Technologies. http://www.cogeneration.net/renewable_biogas.htm. Last accessed February 13, 2010. Wells C. 2010. Sleeman Brewery. Personal communication, February and March 2010. H2 S Corrosion. 2010. NM Waids. http://octane.nmt.edu/waterquality/corrosion/H2S.htm. Last accessed February, 2010. McVeigh G. 2010. CB Sales Canada. Personal communication, February 24, 2010. Greer D. 2009. Fundamentals of biogas conditioning and upgrading. WaterWorld. http://www.waterworld.com/index/display/news_display/ 142239709.html. Last accessed April 7, 2010.

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Varec. 2004. ‘233 condensate/ sediment trap’, Varec Biogas. http://www.varecbiogas.com/productSpecification.asp?pid=41. Last accessed March 2010. Tubb M. 1998. Yankee gas relies on plastic pipe to hold costs. AllBusiness. http://www.allbusiness.com/mining/support-activitiesmining-support-oil/735689-1.html. Last accessed March 2010. Engineering Toolbox. 2005. Gas pipes - approved materials. The Engineering Toolbox. http://www.engineeringtoolbox.com/approved-gas-pipesd_1112.html. Last accessed March 2010. Home Depot. 2010. Last accessed April 1, 2010. Engineering Toolbox. 2005. Natural gas - pipe sizing. The Engineering Toolbox. http://www.engineeringtoolbox.com/natural-gas-pipesizing-d_826.html. Last accessed March 2010. Bryan. 2003. Bryan RW series steam & hot water boilers. Bryan Boilers. http://www.bryanboilers.com/FD_Boilers/RW_Series/Form% 206310.pdf. Last accessed March, 2010. Midco. 2010. Midco mpg series. Midco International Inc. http://www.midcointernational.com/products/unipowermp g/. Last accessed April, 2010. Honeywell. 2010. ABC900A1000. http://customer.honeywell.com/honeywell/ProductInfo.as px/ABC900A1000. Last accessed March, 2010. Borja R, Martin A, Duran M, Luque M & Alonso V. 1993. Kinetic study of anaerobic digestion of brewery wastewater. Process Biochemistry 29, 645–650. Last accessed March 2010. Pontes RFF, Pinto JM. 2006. Analysis of integrated kinetic and flow models for anaerobic digesters. Chemical Engineering Journal 1 2 2 (1-2), 65–80. Last accessed March 2010. Pontes R, Pinto J. 2010. Discussing the details of the egsb model and the efficiencies of the digester via email communication. Personal Communication o n April 2, 2010. Pavlostathis SG, Gossett JM. 1985. A kinetic model for anaerobic digestion of biological sludge. School of Civil and Environmental Engineering, Cornell University, Ithaca, New York. Last accessed April 7, 2010.


Studies by Undergraduate Researchers at Guelph Vol. 5, No. 1, Fall 2011, 69-72

Determining a bioventing scale-up factor Michael Beswick This study was conducted under the supervision of Professor Richard Zytner, and Ph.D. Candidate Alamgir Khan School of Engineering, College of Physical and Engineering Sciences University of Guelph, Guelph, Ontario, Canada Bioventing is an increasingly popular means of removing hazardous petroleum products from sites contaminated through industrial spills and leaking underground gasoline storage tanks. In order to design the appropriate bioventing system and estimate clean-up time, biodegradation rates were are needed. Consequently, a mesoscale bioventing reactor system was used to determine the degradation rate of synthetic gasoline in two soils, Delhi sandy soil and Elora clayey soils. Additionally, the mesoscale rates were compared to rates from previously completed research using smaller scale reactors that held about 150 g of soil, to determine the scale-up factor. In total, ten 4 kg reactors were spiked with synthetic gasoline to an initial concentration of 4000 mg/kg soil. Vacuum was then applied to the mesoscale reactors at a rate of 0.75 mL/min, with sufficient water content to maintain bioventing conditions. Gas chromatography was used to determine concentrations of synthetic gasoline in the soil every two days. Results indicate a smaller scale up factor for Delhi, when compared to the Elora soil. Furthermore, it was observed that the mesoscale reactor had a slower decay rate than the small scale reactor, suggesting that the decay rate decreases with an increase in reactor size. As a result, conservative estimates are needed when transferring lab degradation data results to field scenarios..

P

etroleum products are used worldwide and pose both environmental and health risks when not properly managed. Petroleum contamination is most common in areas used for industrial applications, and gasoline stations containing leaking underground storage tanks. A variety of ex-situ and in-situ remediation techniques have been developed such as vapour extraction, soil washing, and solvent extraction. However, these methods are costly. In addition, they leave behind varying amounts of petroleum products in the soil, meaning that the site has not been fully remediated [1]. Bioventing is an in-situ treatment method that is commonly classified as biostimulation. It works by encouraging natural occurring petroleum degrading microbes to use the petroleum contaminants as a carbon source through the addition of oxygen and nutrients. Nitrogen is the typical nutrient needed. Research was previously completed to determine the degradation rate in bench scale reactors containing 150 g of soil [2] and develop a universal degradation correlation. However, further work is required with larger reactors to see if scale-up factors are present [3], to make it easier to transfer the laboratory results to the field. Accordingly, two different soil types were tested in mesoscale reactors holding 4 kg of soil. The resulting degradation coefficients would allow comparison of

bioventing performance from the 150 g experiments and help evaluate the scale-up factor.

METHODOLOGY Soil Soil was collected from two agricultural research centers in Delhi and Elora, Ontario. These soils were distinct due to the sandy composition of the Delhi soil, and clayey composition of the Elora soil. Both soils were dried outside during warm weather and then sieved using a 2 mm screen to remove gravel. Seven days prior to use, and before the addition of hydrocarbon, 4 kg of soil was weighed and rehydrated with 500 mL of water, and then spiked with 5.45 g of ammonium chloride to allow the microorganisms to repopulate the soil [4]. Reactor Setup Twelve individual reactors were set up using the two soil types (Elora and Delhi) each containing 4 kg of dry soil. Ten reactors were spiked with 32g of synthetic gasoline, while two reactors remained uncontaminated to monitor the soil moisture content. Reactors consisted of a perforated metal side that allowed radial air flow, while both top and bottom portions of the reactors were sealed to limit axial evaporation and short circuiting. Figure 1 shows a picture of

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C = concentration (mass synthetic gasoline * 106 / mass solvent) GC Area = dimensionless quantity provided by the integration tool in the HP Labs suite.

As seen in Figure 2, the calibration curve had an excellent correlation coefficient of r2 = 0.981. Using the calibration curve, the concentration of synthetic gasoline in each soil sample was collected. The results are given in Table 1 and Table 2. Review of the data shows a general decrease in concentration over time as expected, confirming the expected loss through volatilization and degradation. Figures 3 and 4 show the relationship of concentration in soil versus time. The declining trend was fit with an exponential regression curve. The resulting first order decay constants are 0.064 d-1 for Delhi soil, and 0.047 d-1 for Elora soil. It should be noted that two visual outliers were removed for the 7th d sample for Delhi and 10th d sample for Elora. The corresponding concentrations had extremely high concentrations relative to the concentrations before and after, indicating experimental error. Comparing the degradation profile obtained in this study to those determined previously [1][2], indicates that there is a noticeable difference in the behaviour of the synthetic gasoline concentrations. High soil concentrations (2000-4000 mg/kg soil) were not sustained, but instead a sharp decrease occurred to significantly lower the concentrations (0-2 mg/kg). The major difference from previous experiments was the change from a closed glass system to a perforated metal reactor. The perforated reactors were used to better simulate bioventing conditions in the field, where radial gas exchange was induced by the low flow vacuum pumps. It is expected that this causes initial high volatilization before the degradation processes take over. Subsequent tests will be needed to define the

Figure 1. Picture of bioventing reactor and vacuum pumps.

a typical reactor along with the vacuum pumps providing the minimal airflow. Monitoring and Maintaining Conditions The desired soil moisture content was 50% of the field capacity value and this was monitored using a reflectometer in the unspiked reactors. Water was then injected into the reactors daily through three top mounted ports to maintain consistent water content of 6-12% (target 9%) for Delhi and 9-15% (target 14%) for Elora. Constant airflow through the soil, which provided the required oxygen for the hydrocarbon degraders, was achieved through the use of Gilian Low Flow Pumps. A vacuum of (0.75) mL/min was applied to each reactor through a center mounted perforated steel column. Air flow through natural evaporation was minimized by having a sealed top and sealing sampling ports when not in use. Sampling and Analysis Samples were taken every two days through ports on the top of the reactors. A probe tool was used to get a soil sample reflecting the entire vertical profile of the reactor. From the sample taken, approximately 3.3 g of soil was placed in a vial containing 10 mL of methylene chloride (MeCl) solvent and 5.45 g of ammonium chloride (NH 4Cl). Samples were sealed and stored in a freezer until further analysis. Prior to analysis, samples were shaken using a wrist shaker twice for 30 minutes each. After the suspension settled, 2 mL of solution was removed and placed in a 2 mL GC vial. The solutions were then analysed using a HP Gas Chromatograph (GC) with a Flame Ionization Detector (FID). The calibration curve was based on a 10 point concentration system.

5.00E+06

GC Area

4.00E+06

y = 4222.8x R² = 0.981

3.00E+06 2.00E+06 1.00E+06

RESULTS AND DISCUSSION

0.00E+00

The calibration curve shown in Figure 2 was created using 10 standards of concentrations of 1-1000ppm (synthetic gasoline in solvent). The resulting calibration equation is as follows:

0

500

1000

Concentration (ppm) Figure 2. Gas chromatograph calibration curve 70

1500


Studies by Undergraduate Researchers at Guelph Vol. 5, No. 1, Fall 2011, 69-72 y = 1.6893e-0.064x R² = 0.5878

1.6 1.4

Synthetic Gasoline Conc. (mg/kg soil)

Synthetic Gasoline Conc. (mg/kg soil)

Beswick

1.2 1.0 0.8 0.6 0.4 0.2 0.0 0

10

20

30

40

Time (d) Figure 3. Biodegradation for delhi soil

0.6 0.5

0.4 0.3 0.2 0.1 0.0 -0.1 0

10

20 Time (d)

30

40

allows for improved oxygen transfer for the microbes, it also can increase the rate of volatilization. Further research is required to explore this trend. Further comparison of the degradation rates allows calculation of a scale up factor (4 kg Experimental k / 150g Correlation k), giving 0.37 for Delhi and 0.87 for Elora. These values suggest that as the reactor size increases, the bioremediation rate will decline. Further work is required with more soils and different sized reactors to determine the applicable degradation rate for transfer laboratory data to the field.

CONCLUSIONS

( ) ( (

y = 0.8675e-0.047x R² = 0.3686

Figure 4. Biodegradation for Elora soil

magnitude of volatilization. Review of experiments completed by Patros [3] using similar perforated reactors, showed a significant loss due to volatilization of about 38-23 mg /kg soil /day for the first 5 days of experimentation. This is consistent with the pattern observed here and should be further investigated. Previous work by Evyazi determined a universal degradation correlation between soil properties and first order decay constants [2]. This correlation, shown below, comes from experiments performed in glass reactors holding approximately 150 g of soil.

(

0.7

) )

) (

Mesoscale reactors were used to determine the scale up factor for in-situ bioventing. The first order rate constants obtained from these 4 kg soil reactors when compared to the results from 150 g reactors using similar soil types and contaminant concentrations, gave scale-up factors of 0.37 and 0.87 for Delhi and Elora soil respectively. The actual decay rates were 0.064 d-1 for Delhi soil, and 0.047 d-1 Elora soil. These preliminary results indicate a smaller scale up factor for sandy soils (Delhi), than for clayey soils (Elora), which is consistent with Delhi being a more sandy soil. It was also observed that the degradation rate decreased as reactor size increased, leading to a slower decay of synthetic gasoline. This suggests that conservative estimates are needed when transferring lab results to the field.

)

where

k = first order decay constant (d-1) PDP petro eum degrader popu atio (cfu•g-1) OM = organic matter (%) SW = soil moisture content (%) Sand = ratio of the mass of sand relative to the total mass of soil (%) Clay = ratio of the mass of clay relative to the total mass of soil (%)

ACKNOWLEDGEMENTS

Using the soil properties and conditions of the experiment performed in the 4 kg perforated metal reactors, inserting them into the degradation correlation, gave k values of 0.17 d-1 for Delhi, and 0.054 d-1 for Elora. Comparing these degradation values to the experimental values, it was seen in both soils that scaling up the size of the reactor reduced the biodegradation rate. Sandy soils, however, displayed a much larger vulnerability to differences in reactor size. One possibility is the difference in volume of soil/surface area, where greater the ratio, easier the transfer of air (oxygen) [5]. The larger volume of soil /surface area ratio for the Delhi soil

Funding for this research was provided by the NSERC Discovery program and a University of Guelph Undergraduate Research Award.

REFERENCES 1. Lee, T. H., Byun, I.G., Kim, Y.O. and Park, T.J. (2006) Monitoring Biodegradation of Diesel Fuel in Bioventing Processes Using in Situ Respiration Rate. Water Science & Technology 53(4): 263-72.

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2. Eyvazi, M.J. and Zytner, R.G. (2009) A Correlation to Estimate The Bioventing Rate Constant, Bioremediation Journal, 13(3):141-153. 3. Patros, T.B. (2009) An Intermediate Lab-Scale Radial Bioventing System. M.A.Sc. Thesis. University of Guelph. 4. Shewfelt, K., Lee, H. and Zytner, R.G. (2005) Optimization of Nitrogen for Bioventing of Gasoline

Contaminated Soil. Journal of Engineering and Science 4(1):29-42.

Environmental

5. Howell, J. (1997) UMass Extension Vegetable Program Soil & Nutrient Management. Agriculture and Landscape—UMass Extension. Oct. Web. 23 Sept. 2010. http://www.umassvegetable.org/soil_crop_pest_mgt/soil_ nutrient_mgt/soil_basics_I.html>.

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The quarry proposed by St Marys Cement Inc. for a location near Carlisle, Ontario should not be permitted: Introduction Glenn Fox The following three contributions were developed as part of ENVS 4300 Environmental Law, Fall Semester, 2010 Taught by Professor Glenn Fox Food, Agricultural and Resource Economics, Ontario Agricultural College University of Guelph, Guelph, Ontario, Canada The following three papers were developed by one of the three lab sections of ENVS 4300, Environmental Law, in the fall semester of 2010. During the course, students participate in a series of three role playing exercises involving three environmental topics. Over the course of the semester, each student is part of three teams: one that makes a case in support of an assigned environmental proposition, one that makes a case against an assigned environmental proposition and one that conducts an impartial adjudication of a dispute. The two contending teams also cross examine their opponents as part of the process. The following three papers are based on the submissions of the two opposing sides in one of the disputes in the fall semester, 2010, as well as on the adjudicators report. These reports were produced to address the third dispute topic of the semester, “The quarry proposed by the St. Mary’s Cement Company for a

location near Carlisle, Ontario, should not be permitted.”

E

nvironmental Law (ENVS 4300) was developed under the leadership Associate Dean Joseph Ackerman and the program committee of the BSc (Env) program committee as part of a comprehensive curriculum review completed in 2006. The aim of the course is to familiarize environmental science students with that ways in which environmental law shapes enviromental stewardship, largely in the Canadian context. One of the main theories of the nature of law emphasizes the role of law as an adversarial non-violent dispute resolution process. This process involves representations on behalf or plaintiffs, embodied as the crown in criminal or regulatory prosecutions, representations on behalf of defendants, both in civil and in criminal or regulatory actions and, finally, some individual or group authorized to hear and to adjudicate the dispute. Each of the three roles is essential to the process. Each has distinct functions and responsiblities. To help students develop an understanding of these three roles and also of the overall function of law as dispute resolution system, the course is organized around a series of three disputes. Generally, one of the disputes involves an international enviromental issue, one a national or provincial issue and one a local issue. Students are assigned to teams in labs. For each dispute, one third of the lab section is assigned to a team called “the proponents.” Their job is to present a case in support of what would generally be considered to be the pro-environment position. One third of the lab is assigned to a team called “the opponents.” The opponents present a case against the proposition in the

dispute. The remaining third of the class is assigned to be a team of adjudicators. Their job is to hear evidence presented by the proponents and the opponents determine which side presented the more compelling case. Students are assigned to teams and dispute topics are announced at the beginning of the semester. Dispute presentations are made in weeks 4, 7 and 10. Written reports (briefs) are submitted by the two opposing sides and presentations are also made by each side in the labs. The two opposing sides, after presentations have been made, crossexamine one another. The adjudicators observe the presentations as well as the cross examinations. They also read and review the written reports. One week after the initial presentations, the adjudication team submits its findings. This may take the form of a consensus report on behalf of all of the adjudicators. Or it may take the form of a majorty and a minority (or minorities) report(s). The adjudicators, in their report, must demonstrate impartiality. They may only render judgement based on the evidence that has been presented to them. They are not allowed to conduct their own research or to introduce their own experiences, knowledge, preferences or values into the adjudication process. In the fall semester, 2010, the three dispute propositions were Dispute #1 - International “The international ban on the production, distribution and use of DDT should be maintained” Dispute #2 – Provincial

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Fox

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“Ontario’s ban on the residential use of 2,4-D should be continued” Dispute #3 - Local “The quarry proposed by the St. Mary’s Cement Company for a location near Carlisle, Ontario, should not be permitted” There were three lab sections during this particular course offering. One of the lab sections elected to revise its reports from the third dispute as a submission to SURG. Given the nature of the exercise, the opportunities for revisions to these reports are limited. The adjudication report reflects the panel’s evaluation of the original reports. Extensive revision of the content of either the proponents or the opponents reports could render some or all of the adjudicators report irrelevant. So, revisions were limited to correction of grammatical and style errors and to improving the quality of Figures and Tables. Readers should appreciate three important aspects of the work that is presented in the following three contributions. First, this is the third of three such exercises

that students complete during the semester. Since this is the third dispute topic, these students have benefitted from the experience in their previous two disputes, as well as from feedback from the teaching assistants, the instructor, and from interaction with several outstanding practicing environmental lawyers who contribute their time to the course as guest lecturers. Among other things, these environmental lawyers offer valuable insights on the role of scientific evidence and expert witness testimony in environmental litigation, on strategy for case development and case presentation and on tactics for cross-examination. Second, these reports require students to work together effectively as interdisciplinary teams to organize and present evidence on a short time line. Finally, readers should appreciate that students were assigned randomly to their teams. Proponents, opponents and adjudicators did not get to pick their preferred roles in the dispute. All team members, by the time that they participated in this third dispute, had been assigned to all three roles and had been a part of three different teams.

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The quarry proposed by St Marys Cement Inc. for a location near Carlisle, Ontario should not be permitted: Proponents’ Brief Michelle Conklin, Jake L’Ecuyer, Nicole Morgan, Natalie Proracki, Tom Schiks, Brad Summerfield, Seth Wasylycia This study was conducted under the supervision of Professor Glenn Fox, Food, Agricultural and Resource Economics, Ontario Agricultural College University of Guelph, Guelph, Ontario, Canada This paper presents a set of arguments claiming that construction of the quarry near Flamborough, Ontario proposed St. Mary’s Cement Inc. should not be permitted. First, the quarry would violate local citizens’ property rights, compromise community health and safety, and incur excessive economic costs. Precautionary measures are insufficient, such that the quarry is expected to irreparably damage drinking water and quality of life. Second, the area proposed for aggregate extraction is mostly undeveloped, containing unique, valuable natural features and ecological linkages. Despite regulation and monitoring according to the provincial Aggregate Resources Act, rehabilitation of the site after aggregate extraction would be inadequate in returning the land to its former condition. This will result in habitat fragmentation and loss of high quality farmland. Furthermore, the construction of the quarry is not permitted under current City of Hamilton zoning regulations; the City of Hamilton, along with the city’s Public Health Services, filed an official objection against construction. Finally, a GIS study has selected a more suitable alternative site for aggregate extraction near Carlisle, which meets the geographic, topographic, and mineral needs of St. Mary’s Cement Group without disturbing habitat or nearby communities.

I

n 2006, St Marys Cement Inc. began the search for a quarry site, and eventually came across the proposed location near Carlisle, Ontario. The intended name for this site is the St Marys Flamborough Quarry. This proposed quarry has come under an increasing amount of scrutiny. Despite zoning regulations specifying the area for agricultural use and nature conservancy, St Marys Cement Inc. has applied for an amendment to the by-law. The City of Hamilton states that the city and the City of Hamilton Public Health Services filed an objection to the quarry [1]. We object to the proposed quarry regarding legal considerations and property rights violations, social and economic impact, health and safety concerns, and environmental and rehabilitation concerns. For these reasons, we believe that the quarry should not be permitted. Furthermore, we provide suggestions for an alternative quarry site.

and Shoemaker state that since aggregate extraction is not permitted under either agriculture or conservation management zoning, this land use is deemed unacceptable [3] [4]. It is stated by the Ontario Ministry of Municipal Affairs and Housing that the proposed St Marys Flamborough Quarry site is situated within the Ontario Greenbelt, a protected green space comprising approximately 1.8 million acres of agricultural land and environmentally sensitive ecosystems [5]. According to the New Rural Hamilton Official Plan the property falls under the designation of the Greenbelt Natural Heritage system [1]. Hamilton’s Official Plan also outlines that the site contains Significant Woodlands. Winfield explains that aggregate extraction poses a significant threat to natural heritage features, source water, and agricultural land [6]. Third parties have advocated that the use of aggregate pits is incongruous with the goals of the Greenbelt Plan, and should not be permitted within the protected regions [6]. Noise created by aggregate operations (frequent blasting at the site and increased truck traffic) would constitute public nuisance. Brubaker claims that excessive noise interferes with public use and enjoyment of land [7]. The Ontario Ministry of Natural Resources states that there are many sensitive receptors, including residential use and camping facilities are present within the area [8]. Brubaker explains how dust and pollution would constitute trespass, such that the aggregate company places substances on private

LEGAL CONSIDERATIONS AND PROPERTY RIGHTS VIOLATIONS The currently proposed land use for the Flamborough site is determined by official plans and zoning by-laws. Zoning designates activities that are permissible on a property. As stated by Cornish, a Ministerial Zoning Order in April 2010 put a freeze on the allowable land use for the Flamborough site [2]. The Order stated that the area is to remain zoned for agriculture and conservation management. The Ontario Aggregate Resources Act and a report by Baker

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Conklin, L’Ecuyer, Morgan, Proracki, Schiks, Summerfield &Wasylycia property belonging to others [7]. Environment Canada and Griffiths state that dust can impair air quality and agricultural productivity [9] [10]. Increased pollution from truck traffic would exacerbate air pollution further. Tietenberg suggests that these examples of air pollution are forms of externalities, where the cost of an action is incurred by a party who did not agree to the action [11].

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quality and quantity of groundwater supplied to municipalities and communities in the vicinity. According to an Environmental Review Tribunal case in 2008, the proposed operations for the quarry at the Flamborough site include open excavation that will extend below the water table [17]. The Review Tribunal found that this could affect the quality of drinking water for residents living in the vicinity who are dependent on water from the aquifer; in particular, there are concerns for the community of Carlisle, which draws on a municipal well system relying on the aquifer [17]. According to a 2006 study presented to the City of Hamilton by SNC-Lavalin Inc., approximately 23 000 residents within the rural areas of the City of Hamilton are dependent on groundwater supplies [18]. In the community of Carlisle alone, two thirds of households are dependent on groundwater supplies from the aquifer [18]. A review of several primary documents completed in 2009 by Kenneth Raven indicates that unmitigated development of the quarry (i.e. without an effective groundwater recirculation system) will have unacceptable impacts on local residential wells [19]. While St. Marys Cement Inc. proposed to implement such a system, there is a lack of demonstrable field evidence that the groundwater recirculation system can work; the effectiveness of the technology remains unproven at the Flamborough site [19]. Even if a groundwater recirculation system was implemented and found to be effective in the recirculation of groundwater back to municipal wells, there remains potential for technological or operational failure. Without a back-up system, groundwater supplies to municipalities in the vicinity of the quarry would continue to be at risk for reduced quantity and quality of groundwater supplies. Additional social implications of the proposed quarry include safety concerns for those living and commuting in the vicinity of the quarry and along its proposed haul routes. According to a report by iTRANS Consulting Inc. for St. Marys Cement Inc. in 2009, the majority of the haul route (and possible alternatives) used for transporting materials and products run through residential, business, and agricultural areas [20]. The primary access route to the quarry site is located in a primarily rural residential area [20]. Increased traffic of heavy trucks in areas where people work and live increases the potential for automotive accidents and human harm.

SOCIAL & ECONOMIC IMPACTS There are various social and economic impacts from the construction of a quarry. An informational sheet provided by St Marys Cement Inc. under the section “What are the economic benefits to the community from this quarry?” claims that the project will generate more than $11 million in economic benefits each year once the facility is operational [12]. Unfortunately only a fraction of this income would remain in the community. The two largest economic factors, employees and operating supplies (which constitute 76.3 percent of the benefits) are under the assumption that 100 percent of employees and supplies come from within the city of Hamilton. With 23.1 percent of the benefits paid to the province Ontario as income and sales taxes, and license fees, only 0.6 percent of the benefits will remain in the community [13]. A study performed by Erickcek examined the impact of distance from a gravel pit on property value. This study found that property within 0.5 kilometres of the mine dropped in value by 25 percent or more, within a 1 kilometre distance exhibited a 20 to 15 percent drop, and within 4 to 5 kilometres away exhibited a drop of 5 to 7 percent [14]. An article in the Hamilton Spectator states that the average price of non-condominium properties was $268,729 [15]. This implies that the average home at a distance of 0.5 kilometre would face a $67,182.25 decrease in the value of the property, while those located 4 to 5 kilometres away would face a $13,436.45 loss in property value. Decreased home value would in turn discourage further housing development in the area. Even if the quarry is completely rehabilitated and housing value returns to its full potential, anyone selling during the rehabilitation period would still be at a loss and would not be compensated. With the construction of the quarry there will also be added costs to the community. The Center for Spatial Economics claims there will be increased costs to the community through increased fire and emergency services [16]. There may also be costs added for upgrading area roads to accommodate increased traffic stemming from the quarry, as well as increased legal, consulting and staff costs as can be seen in other towns that have previously had quarry projects [16]. Examining these factors presents the sizeable potential economic costs to the Flamborough community created by the quarry.

ENVIRONMENTAL CONCERNS The coalition Friends of Rural Communities and the Environment (FORCE) state that those living in the Carlisle community agree that the area proposed for aggregate development is “large, relatively undeveloped, and rich in natural features and linkages” [21]. Many assessments and reviews have been conducted to determine the impacts that the quarry will have on the environment. In 2009, the environmental studies specialist Brian Hindley discussed the effects on groundwater discharge in an Aquatic Environment Review of Aggregate Resources Act application [22]. He

HEALTH AND SAFETY The primary health concern associated with the proposed quarry at the Flamborough site is the reduction in

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Conklin, L’Ecuyer, Morgan, Proracki, Schiks, Summerfield &Wasylycia

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Figure 1 Long Environmental Consultants Inc. and Lowndes Holdings final rehabilitation plan for roposed St. Marys Cement Flamborough Quarry near Carlisle, Ontario. This figure illustrates proposed areas of removal. The rehabilitation plan outlines the area that will be converted to a new land use (lake). This is incongruent with the current land use zoning, and the Ministry of Natural Resources guidelines for rehabilitating aggregate sites [33] examined the proposed site and found that Mountsberg Creek, a wetland in the area, supports cool and coldwater fish communities, and recommended that sources of groundwater discharge to these communities be protected [22]. Hindley states that the quarry will eliminate approximately 25 percent of surface drainage, which may result in loss of the fishery [22]. A study by Cowx concludes that a change in groundwater supply can result in a change in water temperature, which in turn can reduce aquatic species populations [23]. Furthermore, Hindley’s examination of the site concluded that “this application as proposed will have significant, or at least unknown, environmental effects and should not proceed” [22]. A Natural Environment Report on the Flamborough Quarry Haul Route prepared by Savanta Inc. in 2008 discusses the potential direct impacts of the quarry’s presence on the environment. These impacts include increases in sunscald, desiccation, wind throw, invasive species, light, noise, dust, and wildlife-related automotive collisions [24]. The report lists the multiple wetlands that would be negatively affected by aggregate development: Beverly Swamp, Puslinch Southeast Swamp, Fletcher Creek Swamp Forest, Guelph Junction Woods, Mountsberg East

Wetlands, and Carlisle North Forest [24]. The report also states that many of these wetlands are habitats for rare and at-risk species, including the ribbonsnake (Thamnophis sauritis) [24]. Furthermore, the report discusses the impacts of construction and increased transportation on the surrounding environment. There is likelihood of increased runoff effects, such as erosion and sediment loading, on receiving streams; this could lead to elimination of aquatic habitats [24]. A study by Trombulak et al suggests that runoff and dust from new road works would also have an effect on vegetation. When dust settles on vegetation, photosynthesis, respiration, and transpiration are blocked [25]. On a large scale, this causes physical harm to entire plant communities. Finally, the report suggests that heavier traffic leads to increased wildlife fatalities by vehiclewildlife collisions [25]. A preliminary report by North-South Environmental Inc. discusses environmental features of the Flamborough site and potential impacts associated with the proposed quarry. The report describes the site as an area rich in plant and animal species within a region of intense human development, where “biodiversity continues to be threatened as the total area of available habitat declines” [26]. The

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Conklin, L’Ecuyer, Morgan, Proracki, Schiks, Summerfield &Wasylycia natural features and their diversity and connectivity in this area should be maintained along with their ecological function. The report concludes that a quarry operating below the groundwater table would have serious long- and shortterm environmental implications for the area’s ecological features [26]. Evidence provided by experts and specialized organizations studying the environmental impacts of the quarry are clear that this project will cause excessive harm to the environment. The impacts of the disturbance on existing ecosystems are substantial and may cause instability and decrease overall biodiversity.

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of Hamilton, the Ministry of Natural Resources transferred responsibility to the aggregate industry association, initiating a period of self-regulation [31]. The construction of the quarry and the proposed rehabilitation process will not satisfy requirements under Ministry legislation. It will also fail to convert the ecosystem back to a pristine condition with similar ecological characteristics and capabilities. The trend of poor rehabilitation practices in the industry put the local communities at risk of dealing with scarified landscapes for longer than promised.

POTENTIAL ALTERNATIVE SITE

REHABILITATION CONCERNS

Research performed by Summerfield et al. found that there are sites more suitable than the St Marys Flamborough Quarry site near Carlisle that might also meet the needs of the cement company [32]. A simple geographic information system (GIS) exercise using layers of Wellington county along with some field exploration revealed an excellent site adjacent to the 401 at County Road 34 in Wellington. The site has 6T soil and is currently used as agricultural land. It is hilly and stony with only one residence in view. The 401 would muffle the sound and still allow quick and easy transportation to the GTA while the brush and marginal farmland would not be a significant environmental loss [32].

The Ministry of Natural Resources requires, under provincial legislation, that aggregate site rehabilitation give ample opportunity for firms to promote relations with site neighbours, environmentalists, and future prospective communities [3]. However, this opportunity is often wasted due to environmentally insensitive designs. In a rehabilitation plan drawing from 2008 for the proposed dolostone quarry near Carlisle, Ontario (fig. 1), St. Marys Cement Inc. includes the creation of a large lake surrounded by areas of wetland and forest. The Ministry of Natural Resources states that quarry rehabilitation is intended to restore the site to its former use/condition, or to a condition that is compatible with local land use [26]. In 2005, North-South Environmental Inc. performed an assessment of the environmental features in the proposed site and reported that half of the property contains productive land, while the other half is comprised of “diverse natural vegetation cover” [27]. This confirms that the proposed rehabilitation plan will in no way restore the site to appropriate conditions as outlined by the Ministry; vast quantities of agricultural land will be lost, and the adjacent vegetation cover will not benefit from a large, artificial body of water. Although St. Marys Cement Inc. endorses the idea that aggregate extraction is an interim land use [28], FORCE indicates that the design for the rehabilitation project ensures that losses would be permanent and the site would forever be transformed into a foreign landscape [29]. By not returning the site to its former condition, St. Marys Cement Inc. will effectively remove agriculturally productive land, fragment the remaining habitat, and destroy valuable ecosystem services. If St Marys Cement Inc. did improve their rehabilitation plan by incorporating the current land-use, it would not guarantee such a project would ever be completed. Cases exist where it is acknowledged that aggregate firms are doing a poor job of rehabilitating sites. In the annual report by the Environmental Commissioner of Ontario, it was stated that 83% of sites had compliance problems in rehabilitation [30]. Miller also notes that 6,500 quarries have been abandoned since 1990 with an average rehabilitation rate of 13 sites per year [30]. It may not be surprising that rehabilitation has not been effective; in 1997, according to a letter from the Mayor

CONCLUSION Due to the aforementioned concerns involving legal and property rights, social and economic issues, health and safety effects, environmental issues and problems involved with rehabilitation, the St Marys Flamborough Quarry should not be constructed.

REFERENCES 1.

2.

3. 4.

5.

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City of Hamilton- Planning & Economic Development. (2010). City of Hamilton- New Rural Hamilton Official Plan. Retrieved from http://www.hamilton.ca/CityDepartments/PlanningEcDe v/Divisions/StrategicServicesSpecialProjects/Policy+Pla nning/HamiltonNewOfficialPlan/Rural-HamiltonOfficial-Plan.htm Cornish, D. (2010). Quarry opponents advised to remain vigilant. Flamborough Review. Retrieved from http://www.flamboroughreview.com/news/article/29442 4 Ministry of Natural Resources. (1990). Aggregate Resources Act, R.S.O. 1990, Chapter A.8. Baker, D. & D. Shoemaker. (1995). Environmental Assessment and Aggregate Extraction in Southern Ontario: The Puslinch Case. Department of Environment and Resource Studies: University of Waterloo Case Report, 1-39. Ontario Ministry of Municipal Affairs and Housing. (2005). Protecting the Greenbelt: Greenbelt Act, 2005. Retrieved from http://www.mah.gov.on.ca/Page195.aspx


Conklin, L’Ecuyer, Morgan, Proracki, Schiks, Summerfield &Wasylycia 6.

7. 8.

9.

10.

11. 12.

13.

14.

15. 16.

17.

18.

Winfield, M. (2005). Submission to the standing committee on general government regarding Bill 135, the Greenbelt Act. The Pembina Institute. Retrieved from http://pubs.pembina.org/reports/Bill135CommitteeSubm issionJanuary27-2005.pdf Brubaker, E. (1995). Property Rights in the Defence of Nature. Toronto: Earthscan Publications. Web. Ministry of Natural Resources. (2006). 5.00.10 Hours of Operation, Blasting Restrictions and Response to Emergencies, Aggregate Resources and Policy Manual. Retrieved from http://www.mnr.gov.on.ca/en/Business/Aggregates/2Col umnSubPage/266561.html#5_0_Miscellaneous Environment Canada. (2009). Pits and Quarries Guidance. National Pollutant Release Inventory. Retrieved from http://www.ec.gc.ca/inrpnpri/default.asp?lang=en&n=A9C1EE34-1#s8 Griffiths, H. (2003). Air Pollution on Agricultural Crops, Ontario Ministry of Agriculture, Food & Rural Affairs. Retrieved from http://www.omafra.gov.on.ca/english/crops/facts/01015.htm#particulate Tietenberg, T. (2002). Environmental and Natural Resource Economics. Addison Wesley Publishing: Massachusetts. St. Marys Cement Inc. (2010). Frequently Asked Questions. Retrieved from http://www.stmaryscement.com/saintmaryscementinc/_ Uploads/CurrentInfo/FAQ.pdf Chen, D. & J.M. Mintz. (2003). Taxing investments: On the Right Track, But at a Snail’s Pace. C.D. Howe Institute, 72. Retrieved from http://www.cdhowe.org/pdf/backgrounder_72.pdf Erickcek, G. (2006). An Assessment of the Economic Impact of the Proposed Stoneco Gravel Mine Operation on Richland Township. W.E. Upjohn Institute for Employment Research. Local resale prices up 6 percent. (2007, February 6). The Hamilton Spectator, pp. A12-13. Center for Spatial Economics. (2009). The Potential Financial Impacts of the Proposed Rockfort Quarry. Retrieved from http://www.town.caledon.on.ca/contentc/townhall/depart ments/planningdevelopment/Schedule_B_to_CAO_Rep ort_2009-001.pdf Environmental Review Tribunal of Ontario. (2008). Friends of Rural Communities and the Environment v. Director, Ministry of Environment, Case Number: 08-053. Retrieved from http://www.ert.gov.on.ca/files/DEC/08053d1.pdf SNC-Lavalin Inc. (2006). Hamilton Groundwater Resources Characterization and Wellhead Protection Partnership Study. Retrieved from http://hamilton.ca/NR/rdonlyres/FBBB1593-8291-48B38F57-

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C5B360355B85/0/GroundwaterCharacterizationstudy.pd f Raven, K. (2009). Hydrogeological Review of Aggregate Resources Act Application, St. Marys Flamborough Quarry Site, City of Hamilton. INTERA Engineering Ltd. Retrieved from http://www.stopthequarry.ca/documents/FORCE%20AR A%20Objections%20May%202009%20%20Raven%20Review.pdf iTRANS Consulting Inc. (2009). Preliminary Draft Haul Route Evaluation Report. Retrieved from http://www.hamilton.ca/NR/rdonlyres/E267D03AF2E8-42B8-ACBDF1C00EB9CC83/0/APreliminaryDraftHaulRouteReport Part1.pdf Friends of Rural Communities and the Environment. (2010). Environmental & Natural Features. Retrieved from http://www.stopthequarry.ca/TheCase/environmental.ph p Hindley, B. (2009). Letter from Aquafor Beech Ltd. To Friends of Rural Communities and the Environment, re: Aquatic Environment Review of Aggregate Resources Act Application, St. Marys Flamborough Quarry Site, City of Hamilton. Retrieved from http://www.stopthequarry.ca/documents/FORCE%20AR A%20Objections%20May%202009%20%20Hindley%20Review.pdf Cowx, I. (2000). Potential impact of groundwater augmentation of river flows on fisheries: a case study from the River Ouse, Yorkshire, UK. Fisheries Management and Ecology, 7, 85-96. Savanta Inc. (2008). Flamborough Quarry Haul Route Study- Natural Environment Report. Retrieved from http://www.stopthequarry.ca/documents/SMC_PIC5%20 Trans%20Study%20-%20Reports%20%20C%20%20Natural%20Environment%20Report%20 (Savanta).pdf Trombulak, S. & C. Frissell. (2000). Review of Ecological Effects of Roads on Terrestrial and Aquatic Communities. Conservation Biology, 14: 18-30. Ministry of Natural Resources. (2009). Rehabilitating Aggregate Sites. Retrieved from http://www.mnr.gov.on.ca/en/Business/Aggregates/2Col umnSubPage/STEL02_167060.html North-South Environmental Inc. (2005). Preliminary Report of the Environmental Features and Potential Impacts associated with the Proposed Lowndes Quarry. Retrieved from http://www.stopthequarry.ca/documents/FORCE%20Lo wndes%20Ecology%20Report%20July%202005a.pdf St. Marys Cement Inc. (2008). Flamborough Quarry. Retrieved from http://www.flamboroughquarry.ca/process.php Friends of Rural Communities and the Environment. (2007). In request of a review of the Aggregate


Conklin, L’Ecuyer, Morgan, Proracki, Schiks, Summerfield &Wasylycia Resources Act and Planning Act (File #424711-6). Environmental Commissioner for Ontario 30. Miller, G. (2007). Annual Report 2006-2007: Reconciling Our Priorities, Environmental Commissioner of Ontario. Retrieved from http://www.eco.on.ca/eng/uploads/eng_pdfs/2007/Annua l_report-0607-FINAL-EN.pdf 31. Eisenberger, F. (2008). Letter from Mayor of Hamilton to Minister of Natural Resources. Retrieved from http://www.margaretmccarthy.ca/Cansfield1.pdf

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32. Summerfield, B., T. Schicks, J. Ippolito, N. Piattelli, & C. Williamson. (2010). Prospective Aggregate Sites for Wellington County. NRS*3100-Resource Planning Techniques, University of Guelph. 33. Long Environmental Consultants Inc. (2004). Proposed Dolostone Quarry: Final Rehabilitation Plan (Drawing 5 of 6). Retrieved from http://www.hamilton.ca/CityDepartments/PlanningEcDe v/Divisions/Planning/Development/FlamboroughQuarry. htm

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The quarry proposed by St Marys Cement Inc. for a location near Carlisle, Ontario should not be permitted: Opponent Brief Evan Bracken, Leah Grant, Alexander Marit, Joshua Nasielski, Sarah Smith, Victoria Yang This study was conducted under the supervision of Professor Glenn Fox, Food, Agricultural and Resource Economics, Ontario Agricultural College University of Guelph, Guelph, Ontario, Canada The quarry proposed to extract Amabel formation Dolostone by the St. Marys Cement Inc. near Flamborough, Ontario should be implemented based on the arguments of this paper. The quality of the aggregate material, as well as the quantity that St. Marys Cement Inc. hopes to extract would supply enough building material for all of Ontario for nearly two years. However, the construction of the quarry has been strongly opposed by a local community group, Friends of Rural Communities and the Environment (FORCE). The major concerns raised by FORCE have already been addressed by St. Marys Cement Inc., and any further opposition from the community is either based on misinformation provided by FORCE and/or a “not in my back yard” (NIMBY) mentality. “NIMBY-ism” is a selfish, unjustified hindrance to the process of achieving the most efficient outcome for society, an outcome where the needs of the greater good (in this case, aggregate) are fulfilled. The residents of Flamborough and the surrounding area must acknowledge that they too require aggregate material for their roads, houses, and buildings, and that FORCE’s arguments are not for the community or the environment’s wellbeing, but are a front for a NIMBY mentality.

W

e believe that the quarry proposed by St. Marys Cement Inc. near Flamborough, Ontario should be implemented. The aggregate material to be extracted, amabel dolostone, is recognized by the Ontario Stone, Sand, and Gravel Association (OSSGA) as the highest quality aggregate material in Southern Ontario [1]. This material would be used in constructing roads and buildings across Ontario, an essential aspect of our society. A group of local citizens, Friends of Rural Communities and the Environment (FORCE), is the main opposition of this quarry. We have found that many of their issues have already been addressed by St. Marys Cement Inc., and thus are not strong enough to justify opposing the quarry. We also believe that local residents’ sentiments toward the quarry, particularly the concept of “Not In My Back Yard” (NIMBY), are selfish, unjustified, and hinderances in the process of acheiving the most efficient outcome for society- an outcome where the needs of the greater good (in this case, aggregate) are fulfilled.

situated on a 158-hectare site located on 11th Concession Road East at Milburough Line close to the eastern edge of a major geological structure known as the Michigan Basin (Figure 1). A geological investigation by John Emery Geotechnical Engineering Limited to determine the rock types, the potential suitability as construction aggregate, and approximate quantities of the rock types on the site revealed an estimated 32.6 million m3 of Amabel formation Dolostone [3]. The total proposed extraction area covers 67 hectares, leaving the remaining 97 hectares in its natural state [2]. The OSSGA considers Amabel dolostone to be the highest quality aggregate material in Ontario and valued as a source for the production of hot mix asphalt paving, structural concrete and concrety paving coarse aggregates [1]. According to the OSSGA, Dolostone is a key building block of the construction industry in Ontario and has many essential uses for our society: structural concrete for schools, hospitals, housing, office buildings, airport runways, sidewalks, bridges, roads and streets [1].

BACKGROUND INFORMATION

Why Flamborough? As previously mentioned, there are extremely rich deposits of Amabel Dolostone in the proposed Flamborough Quarry and the OSSGA recognizes it as the highest quality aggregate material in Ontario [1].

St. Marys Cement Inc., a leading manufacturer of cement and other related products in the U.S. and Canada, purchased the proposed Flamborough Quarry site from Lowndes Holdings in 2006 [2]. The proposed quarry is

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Studies by Undergraduate Researchers at Guelph Vol. 5, No. 1, Fall 2011, 81-86 Some major concerns raised by FORCE include issues related to the dust and noise emitted from the site exposed to neighbouring residents and environments, the state of the proposed site during and after the extraction process, and the sheer magnitude of the operation itself [5]. All of these concerns have been sensationalized to some degree in order to pit the community against this proposal when in fact many benefits are accrued from it. During the course of the quarry construction proposal, St. Marys Cement Inc. made significant effort to reach out to community members personally by going to residents’ homes and addressing concerns. In November 2007, they released a community newsletter to help the community step back from the sensationalized community reaction and understand the reality of the situation and how St Marys

Figue 1. Aerial shot of the proposed Flamborough site [2] The proposed Flamborough Quarry would be located on lands that are subject to the policies of the Greenbelt Plan. This limits or prevents development on wetlands or habitats of threatened and endangered species. However, St. Marys Cement Inc. has done considerable research on publicly available resource plans and zoning classifications [4]. They reveal that according to the Greenbelt plan, aggregate extraction is an approved and recognized land use. In effect, pits and quarries create sustainable assets for future generations through rehabilitation and are therefore compatible with the Greenbelt’s goals and objectives. Moreover, the OSSGA has identified that the Flamborough site is near the required market and near an existing road system (Highway 401 Figure 2), noting that, for each additional kilometre added roadway to the GTA, 3,500 tonnes of greenhouse gases are released and 2 million litres of fossil fuels are consumed. Thus, using an existing road system is crucial in reducing the environmental impact [1]. Aside from these important points, the demand for aggregate in Ontario has grown to a consumption level above 170 million tonnes and yet, in over 35 years, there has not been one new quarry developed in the GTA. A quarry located in the near vicinity would help to meet Ontario’s demand and need for aggregate that is crucial in the development of our society.

CONCERNS ABOUT THE QUARRY Concerns about the proposed quarry near Flamborough, Ontario have been widely reviewed and debated. Many claims about the impacts that the new quarry could have are addressed by the company itself, as well as within the legislation that binds the proposal by St. Marys Cement Inc..

Figure 2. A map of the quarry in relation to surrounding major roads and highways [25]

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Cement Inc. will be addressing the identified problems. In the fall 2007 Community newsletter, they explained how the proposed quarry would not infringe on the Greenbelt legislation, as aggregate extraction is considered an appropriate rural land use. The proposed site was within the correctly zoned area (Figure 3) [6]. Aggregate extraction is promoted within these rural areas experiencing growth because it is an essential material in the construction of many aspects of our infrastructure. The Flamborough quarry location is close to the GTA (a large market centre for aggregate material), high volume provincial and regional roads and the 400 highway series, allowing it to easily supply dolostone [1]. St. Marys Cement Inc. will use this existing road system to transport the extract, reducing environmental impacts. With regards to the issue of dust and debris, St. Marys Cement Inc. states in a pamphlet of frequently asked questions that they comply with standards for ground vibration and air concussion by implementing noise barriers, using many small blasts in quick succession instead of single large ones, and timing blasts co-ordinated with the community [7]. Lowndes Holdings state in their report that the blasts would be electronically controlled and sequential, instead of the traditional blasting method, to minimize vibrations in the vicinity of the quarry [8]. The dust created by this will be controlled through the use of enclosure suppressants and vegetation screens, in accordance with the Ministry of Environment’s standards. This method of blasting offers various advantages to the quarry without harming the environment. The use of electronic detonation offers more options for quarry blasting and improves safety for all concerned. Electric detonation offers precision timing, which is unavailable with traditional pyrotechnic blasting systems [9]. Groundwater is also an issue that has raised concern, but St. Marys Cement Inc. plans to combat impacts on groundwater by using a groundwater recirculation system that will not even cause water to leave the site. Another important faucet of the aggregate industry is its cleanliness. No chemicals are used during extraction or processing, thus eliminating the potential for groundwater contamination [10]. As for the rehabilitation of the site, St. Marys Cement Inc.’s prime example would be the McMillan Pit, referred to in S.E. Yundt Limited’s brochure on outstanding rehabilitation and reclamation sites [11]. The McMillan Pit, implemented in the early 1980s, was closed in 2004. A 28 hectare pond with wetland and shorelines was created in its place. Seedlings and trees were planted, along with the reintroduction of bird, fish and other wildlife species. This progressive stewardship was undertaken by hired professionals, who were respected in terms of their work ecologically and biologically [11, 12]. St. Marys Cement Inc. has set a high standard for rehabilitation. Specific rehabilitation plans will be subject to approval by the Ministry of Natural Resources, after which St. Marys Cement Inc. will be required to fulfill approved plans [13].

Figure 3. A map illustrating zoning in the City of Hamilton [6]. Finally, the proposed quarry site at Carlisle will not be the 8th largest quarry in Canada, as FORCE has stated [19]. The excavation site would be a fraction of the size of other sites; according to St. Marys Cement Inc., it would cover approximately 67 hectares and would delve 34 metres (100 feet) deep [2]. In Ontario, there are over 100 existing licensed pit and quarry sites measuring more than 200 hectares. Close to 200 sites in Ontario would be larger than the Flamborough Quarry based on size [4]. Therefore, the Flamborough site pales in comparison to existing and approved quarry sites in Ontario. St. Marys Cement Inc. has applied for a class ‘A’ license under the Aggregate Resources Act (ARA) for an annual tonnage extraction limit of 3 million tonnes [4]. Other sites in the area are operating with no tonnage limit, making the Flamborough quarry much smaller in extraction quantity than 200 existing sites in Ontario [4].

“NOT IN MY BACK YARD” (NIMBYISM) Environmental legislation and regulation have had a dramatic impact on the operations of North American firms, most notably in the increased costs associated with regulatory compliance (see for example [14]). Jorgenson and Wilcoxen found that between 1973 and 1985, the total compliance costs created by environmental regulations comprised more than 2.5% of the total gross national product generated during the same time period [15]. Interestingly, although there is a large amount of literature studying the detrimental business impacts of environmental regulations, there is also a growing body of empirical and theoretical work suggesting that environmental regulations can be used strategically by other firms to advantage themselves [16]. By

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increasing the cost and complexity of environmental regulations for firms that wish to enter an industry, incumbent firms can raise the cost of entry high enough to prevent any new competition from springing up [16]. Studying the Portland cement industry, Ryan found empirical evidence that environmental regulations increased the costs of entry for newer firms, leading to higher entry costs for new firms, higher consumer costs and a lower number of total firms [17]. Even if environmental legislation offers little benefit, incumbent firms will lobby for such regulations because it increases the costs of firm entry. St. Marys Cement Inc. has not only taken great care to follow all applicable environmental regulations, but they have also changed their business and construction plans to accommodate the desires of local residents and environmentalists. The company has paid for various studies, consultants, and site-assessments and has been forced to navigate a complex administrative process in order to demonstrate that the quarry will have minimal environmental and social impacts [18]. As the following section will demonstrate, it seems that the quarry opponents are hijacking this process to increase St. Marys Cement Inc.’s compliance costs high enough to prevent them from constructing a quarry on their land. An environmental report written as part of the quarry approval process, which took 3 years to complete due to the various studies done to support the report’s findings, stated that the proposed quarry “conserves provincially significant wetlands, potential habitat for threatened and endangered species, fish habitat, significant woodlands and, significant wildlife habitat” [18]. Moreover, the proposed quarry site does not host any at-risk or endangered animal species and only a single at-risk plant species [18]. However, shortly before the 170-page environmental report was released, FORCE hired a consultant who wrote a 19 page summary report opposing the findings of St. Marys Cement Inc.’s report [19]. Unlike the St. Marys report, which used 3 years worth of data, FORCE’s report included main findings which are essentially normative statements, scientifically unverifiable and essentially meaningless. Examples include: “The subject property and contiguous lands are rich in natural features and complex in terms of interconnected linkages”, “The [proposed quarry] contains significant…natural features that contribute to the biological diversity and ecological integrity of the site and the broader region” [19]. However, all development which uses land that could otherwise be used by animals and plants will harm the biological diversity and ecological integrity of the region. Even “environmentally-friendly” organic farms built on recently cleared forest land have decreased the biodiversity of the region. Unsatisfied with the findings of the environmental report, FORCE decided to lobby the Ministry of Natural Resources in 2006 to change the existing Species at Risk legislation to include habitat protection on private lands [20]. Such a regulatory change would have made it even more difficult for St. Marys Cement Inc. to begin

quarry construction. Clearly, FORCE is using all environmental legislation it can, even if it does not exist yet, to ensure the quarry stays out of their neighbourhood. In addition to the relatively weak arguments concerning the local environmental impacts of the proposed quarry, FORCE also raised the issue of groundwater contamination, a potential problem because the quarry will operate below the aquifer line and will need to dewater its operations frequently [21]. Local residents are appropriately concerned that groundwater use by the quarry will affect local wellwater quality and quantity [22]. In addition, the nearby town of Carlisle was concerned about the threat the quarry posed to its groundwater supply [22]. To address these concerns, the Ontario Ministry of the Environment held a public consultation in 2006 to help revise and modify the terms and conditions of the permit to take water granted to St. Marys Cement Inc. [22]. The City of Hamilton’s Source Protection and Public Health Departments, an expert in physical hydrogeology from Queen’s University, and the Ministry of the Environment developed a comprehensive plan for protecting local groundwater users. There would be no groundwater contamination in the short term or long term, all water usage and monitoring will be monitored and verified by an independent 3rd party, all water will be re-circulated back into the aquifer, and the re-circulated water will be regularly tested for contamination even though there is no anticipated avenue for water contamination to occur [22]. St. Marys Cement Inc. was responsible for sampling all private wells potentially affected by quarry operations for a range of water quality parameters [22]. In addition, even before testing their dewatering system St. Marys Cement Inc. installed a bedrock well between Carlisle’s municipal supply wells and the proposed quarry site to ensure that any pump testing would be shut down immediately if it adversely impacted Carlisle’s water supply [22]. It is suffice to say that St. Marys Cement Inc. went through considerable measures to allay the reasonable fears of local residents. However, the numerous studies, testing and public consultations did not change the fact that FORCE still opposes the quarry. In fact, once the Permit to Take Water was approved, FORCE unsuccessfully attempted to stall the quarry project based on false allegations and a single administrative oversight made by the Ministry of the Environment [23]. It is difficult to conclude that FORCE is primarily concerned about the environmental and groundwater impacts of the proposed quarry, rather than using these monikers as an excuse to prolong the approval process and to increase the environmental compliance costs that St. Marys Cement Inc. is forced to endure. It seems that these are simply convenient excuses for a group of residents who simply do not want a quarry in their backyard.

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A UTILITARIAN VIEW PROJECT

OF

THE

Studies by Undergraduate Researchers at Guelph Vol. 5, No. 1, Fall 2011, 81-86 Marys Cement Inc. hopes to extract would supply enough building material for all of Ontario for nearly two years [1]. This significant social benefit is strongly outweighed by weak claims about the proposed quarry, most of which have been formally addressed and explained by the St. Marys Cement Inc. Finally, the personal issues with the quarry (i.e. NIMBYism) are not only selfish and unjustified, but are also major hinderances in determining the most just outcome for society. For these reasons, we believe that the quarry proposal should be approved.

PROPOSED

Physical infrastructures in modern society are comprised of certain building materials, often extracted from natural resource deposits. Examples include wood, metals, and Amabel Dolostone, the material to be extracted from the proposed quarry [4]. While most would recognize the need (until technology changes) for these materials, they would also oppose the extraction, should it impede on their everyday activities in the slightest. However, resource extraction areas must exist in order for manufacturing and building to continue. In the perspective of a social planner whose ultimate goal is to attain the “greater good” for society, the question is not whether or not the quarry should be implemented, but rather, what is the most efficient way of implementing the quarry environmentally and economically. The potential for trespass and/or nuisance should the quarry be implemented is justified, given the significantly positive social benefit derived from the extraction of aggregate material. The 3 million tones of dolostone that St. Marys Cement Inc. hopes to extract from the site alone would fulfill Ontario’s entire consumption of aggregate material for nearly two full years [1]. John Rawls, an American philosopher whose thoughts and publications contributed largely to modern utilitarianism, introduced the idea of a “veil of ignorance” in determining the most just way of measuring morality in society [24]. The “veil of ignorance” refers to a scenario in which distributions, roles, and rights are reassigned within a society and renegotiated blindly [24]. Thus, the final result of this redistribution would be as just as possible, given that those negotiating the terms do so with the knowledge that they could be reassigned the least desirable bundle of rights/resources. If the world had to reassign distributions and rights under a veil of ignorance, the residents of the Flamborough region would likely support the construction of the quarry. As they would recognize the chance that they may not live near the quarry, their biases due to NIMBYism would be eliminated. Most of the residents of Flamborough would still recognize the need for gravel and cement in the newly arranged world, and would likely support the extraction of such a durable aggregate material. While this scenario is hypothetical, it illustrates that NIMBYism is the largest obstacle in determining the most just outcome in terms of the proposed quarry in Flamborough, Ontario. In order to determine the most efficient and just outcome, the residents of Flamborough must acknowledge that they too need aggregate material for their roads, houses, and buildings and would most likely choose to approve the quarry under a veil of ignorance.

REFERENCES 1. 2. 3.

4. 5.

6.

7.

8.

9.

CONCLUSION We believe that the proposed quarry project near Flamborough, Ontario should be implemented. The quality of the aggregate material, as well as the quantity that St.

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Ontario Stone, Sand and Gravel Association. (2010). Importance of Aggregate. In About Aggregates Series, no. 5. St. Mary’s Cement Group. (2008). About the Proposed SiteFast Facts. Retrieved from http://www.flamboroughquarry.ca/fastfaqs.php John Emery Geotechnical Engineering Limited. (2004). Geological Investigation; Proposed Dolostone Quarry; Part of Lot 1 and All of Lots 2 and 3, Concession 11; Geographic Township of East Flamborough; City of Hamilton. Retrieved from https://www.town.ancaster.on.ca/NR/rdonlyres/6AC10 F21-6F11-4DC2-B4933B8F8FC900EB/0/Appendix04.pdf St. Mary’s Cement Group. (2008). Proposed Extraction Area. Retrieved from http://www.flamboroughquarry.ca/extract_area.php Friends of Rural Communities and the Environment. (2005). Community Issues Report. Retrieved from http://www.stopthequarry.ca/documents/FORCE%20C ommunity%20Report%20%20Final%20November%202005.pdf City of Hamilton- Planning & Economic Development. (2006). Rural Hamilton Official Plan with Ministry Modifications, Schedule D - Rural Land Use Designations. Retrieved from http://www.hamilton.ca/NR/rdonlyres/087CDB2FF636-4F5E-BE6DF3F9E208EB34/0/ScheduleDRuralLandUseMinModA ug2609_11x17.pdf St. Mary’s Cement Group. (2008). Frequently Asked Questions. Retrieved from http://www.stmaryscement.com/saintmaryscementinc/_ Uploads/CurrentInfo/FAQ.pdf Lowndes Holdings Inc. (2004). Proposed Dolostone Quarry Planning Report August 2004. Retrieved from http://www.stopthequarry.ca/documents/ProposedDolst oneQuarryPlanningReport.pdf Kuhar, M. S. (2005). Electron Solutions: Switching to Electronic Detonators can Optimize a Blasting Programs’ Effectiveness. Pit and Quarry Magazine, June 2005 Issue.


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10. Ontario Stone, Sand and Gravel Association. (2010). Groundwater in the Aggregate Industry. In About Aggregates Series, no. 8. 11. S.E.Yundt Limited. (2010). Outstanding Rehabilitation & Reclamation Sites. Retrieved from http://www.toarc.com/pdf/Outstanding_REHAB_RECL AIM_July2010_.pdf 12. St. Mary’s Community Newsletter. (2007). Flamborough Quarry. Issue 6. 13. St. Mary’s Cement Group. (2008). Our Process. Retrieved from http://www.flamboroughquarry.ca/process.php 14. Vogel, D. (1995). Trading Up: Consumer and Environmental Regulation in a Global Economy. Cambridge, MA: Harvard University Press. 15. Jorgenson, D. W., & P. J. Wilcoxen. (1990). Intertemporal general equilibrium modeling of U.S. environmental regulation. Journal of Policy Modeling, 12(4), 715-744. 16. Dean, T.J., & R.L. Brown. (1995). Pollution regulation as a barrier to new firm entry: initial evidence and implications for future research. Academy of Management Journal, 38(1), 288-303. 17. Ryan, S.P. (2005). Environmental regulation in a concentrated industry. (Unpublished doctoral dissertation). Duke University: Durham, North Carolina. 18. Stantec Consulting Inc. (2006). EIS and Level 2 Natural Environment Report: Proposed Mountsberg Quarry. Retieved from http://www.stopthequarry.ca/documents/Lowndes%20_ STANTEC_EIS_Final%20Draft_022406.pdf

19. Friends of Rural Communities and the Environment. (2005). Summaries of FORCE CART Reports. Retrieved from http://www.stopthequarry.ca/documents/FORCE%20C ART%20Reports%20Summaries%20December%2020 05.pdf 20. Friends of Rural Communities and the Environment. (2006). Opportunity to Input. Retrieved from http://www.stopthequarry.ca/documents/FORCE%20%20OMNR%20Species%20at%20Risk%20Review%2 0%20Cover%20Letter%20July%202006%20LH.pdf 21. Gartner Lee Limited. (2006). Revised Work Plan for the Evaluation of Groundwater Re-circulation System. Retrieved from http://www.stopthequarry.ca/SMCGRS102006/GLL%2 0PTTW%20application_workplanfinal%20draft%20Se p%205_%202006.pdf 22. Government of Ontario Environmental Registry. (2008). Instrument Decision Notice: Permit to Take Water. Retrieved from http://www.stopthequarry.ca/documents/Environmental %20Registry%20-%20PTTW%20Posting.pdf 23. Environmental Review Tribunal. (2008). Friends of Rural Communities and the Environment v. Director, Ministry of the Environment (Case No.: 08-053). 24. Rawls, J. (1971). A Theory of Justice. Cambridge: Harvard College. 25. St. Mary’s Cement Group. (2008). Haul Route Study. Retrieved from http://www.flamboroughquarry.ca/haul_route.php

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The quarry proposed by the St. Marys Cement Inc. for a location near Carlisle, Ontario, should not be permitted: Adjudication Report Vanessa Chaimbrone, Peggy Cheng, Meagan Coughlin, Nigel Gale, Melissa Hurst, Victoria Robson This study was conducted under the supervision of Professor Glenn Fox, Food, Agricultural and Resource Economics, Ontario Agricultural College University of Guelph, Guelph, Ontario, Canada Arguments were presented in opposition to and in favour of St. Marys Cement Inc.’s proposal to construct a limestone quarry near Flamborough, Ontario as written reports and oral debates. This paper describes the development and implementation of a set of decision-making criteria that is used select the stronger of the two opinions. Measures were taken to limit bias in the adjudication process, maintain a high quality of referenced information, and establish a fair, comprehensive set of standards necessary for a convincing argument before the opposing arguments were presented. According to this set of decision-making criteria, the Opponents’ argument in opposition to the movement against development of the quarry was deemed most convincing. Although both parties structured arguments on social, economic, and environmental grounds, the arguments of the Opponents were stronger overall. Construction of the quarry is legal, and should be permitted as a benefit to the province of Ontario.

T

he adjudicators met prior to the disputes to create criteria that would be used to assess the content of the presentation, the cross-examination, and the brief. At the time, we acknowledged potential for bias stemming from personal beliefs, education, and employment. An evaluation process was designed to eliminate partiality towards either the proponents or opponents. The process first considers the legality of the proposed action (i.e. action to permit quarry, action to deny quarry). Second, the arguments presented by the parties are compared to determine whether the existing law increases the welfare of society in terms of economic, environmental, and health benefits.

respondents might overstate or understate preference in attempts to skew survey outcomes to suit bias. We did not resolutely select a preferred property rights structure, and have acknowledged that bias may skew our personal preferences towards a certain property structure. Instead, if a party claims that their argument is justified because it follows a specific property rights structure, they must provide a convincing argument for the use of the structure. We also want to acknowledge that the debate is site-specific. Proposition of a new site is a new argument, and therefore any new proposed location will not be considered.

ACCEPTABLE INFORMATION AND BIAS

THE LAW

The criteria used in this debate evolved from legal, environmental and health concerns. We have reviewed each party’s sources for accuracy and bias. Statements that are untrue or from biased sources were not simply ignored; they were counted against the party that made them. We accepted statements from corporate and advocacy groups on both sides of the argument. However, to maintain community and corporate accountability, the context of each statement was investigated during review of both parties' sources. Prior to the dispute the adjudicators decided that local Flamborough opinion surveys would not be accepted due to concerns that

Legal Criteria In a democratic society, laws are generally just because they reflect the principles of the people. A just law exists to increase the wellbeing of the people (not only the benefit of “the greater good”, but also the benefit of minorities). However, a law can be amended as norms and mores change, or if the law is proven unjust. Because of this potential for legal amendment, legality is not a sufficient condition for a convincing argument.

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Therefore if one party proves that the opposing party presents an action that is against existing laws, we will not necessarily discount the illegal argument completely. It is then the responsibility of the party presenting the illegal action to convince us that the law to be broken is unjust (that abiding by the law will not increase the wellbeing of society).

measurement constructs (i.e. time, distance, development indices, etc.). Economic Arguments Opponents and proponents use similar data to arrive at different present costs and benefits. The opponents consider dollars accruing to the province and to community infrastructure to be a cost, whereas proponents consider dollars accruing to the province a benefit. These are both valid conclusions depending upon the chosen property rights perspective. The proponents reference trespass and nuisance (suggesting a Traditional Liberal perspective) but do not explicitly state why the use of this perspective is justified. In addition, the proponents include a valid argument that there is a negative relationship between proximity to a quarry and local property values. The opponents reference and defend a Utilitarian property rights perspective (section 3.0). The opponents suggest that FORCE has imposed a deadweight loss to society by imposing excessive compliance costs on St. Marys Cement Inc.’s bid to entering the market. Although St. Marys Cement Inc. has complied with all impact testing, FORCE has appealed to introduce stricter environmental regulation. The opponents provide a convincing argument that this is an attempt to increase costs for St. Marys Cement Inc. rather than providing persuasive reasons why the quarry should not exist. If FORCE’s actions are accepted, it could set a precedent for more wasteful compliance spending in the future. We conclude that although the proponents present a convincing argument for decreasing property value, the opponents excel. The opponents present a well-constructed cost-benefit analysis aligned with a justified property rights perspective, and include long-term considerations for efficient provincial spending that minimize dead-weight loss.

Arguments and the Law Neither party clearly explains where St Marys Flamborough Quarry falls under the current context of the law. The proponents state, “a Ministerial Zoning Order in April 2010 put a freeze on the allowable land use for the Flamborough site.” While both parties state that the current land use under the freeze is for agriculture and conservation management, they interpret the potential uses of the land differently. The opponents state that “aggregate extraction is an approved and recognized land use”, whereas the proponents state that under the Ontario Aggregate Resources Act “aggregate extraction is not permitted.” To determine the legal standing of the quarry, we consulted the proponents’ reference to the 1990 Ontario Aggregate Resources Act. It appears that the proponents have misinterpreted the Act. Regarding aggregate extraction under agriculture and conservation management land: “In considering whether a licence should be issued or refused, the Minister or the Board, as the case may be, shall have regard to, (a) the effect of the operation of the pit or quarry on the environment; … (f) any possible effects of the operation of the pit or quarry on agricultural resources;” As shown above, the Act states that the Minister must “consider” whether a proposed extraction project poses significant environmental or agricultural risks. This is not the same thing as prohibiting aggregate extraction outright. It implies that the decision is made with the Minister or the Board’s discretion as to whether the risks of a proposed project are outweighed by the benefits. Although a section of the act prohibits aggregate extraction in areas that are not zoned for it, the quotation shows that there are legal grounds for appeals to the zoning by-law. According to the act, it appears that aggregate extraction is not illegal at the Flamborough site. According to our criteria, it is necessary for the proponents to explain why the quarry should not be permitted (that abiding by the law that permits the quarry will decrease the wellbeing of society).

THE ECONOMICS INC.

OF THE

ENVIRONMENTAL FACTORS Environmental and Health Criteria Because rights and values are human constructs, they can only be applied to a feature if one party is human. We therefore chose to examine environmental arguments from an anthropogenic perspective, as they benefit humans. A human perspective is needed to give meaning to the environment through those rights and values we hold toward it, rather than any “intrinsic” value the environment holds itself. We acknowledge that humans benefit from the environment in many ways, and include use and non-use benefits. Humans also benefit from sound physical and psychological health.

ST. MARY’S CEMENT

Environmental and Health Arguments Both parties addressed potential environmental impacts of the quarry. The proponents argue that the quarry would damage cool-water fisheries and biodiversity in a species-atrisk area. However, neither the brief prepared by the proponents nor Hindley discuss whether this fishery is significant to human benefit. Because the proponents fail to

Economic Analysis Criteria We chose to accept cost-benefit analysis as a measure of welfare. Although it is not the only measure of value, dollar valuation is no less valid than other human

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acknowledge why we should value biodiversity or the fisheries beyond intrinsic value, arguments in favor of fisheries and biodiversity do not satisfy criteria for a strong environmental argument. The proponents’ argument that detriment to ground water will have unacceptable impact on the health and wellbeing of Flamborough residents is much stronger. They anticipate the opponents’ proposed groundwater recirculation solution, and explain why it is not reliable. The opponents’, however, discredit this argument by recounting the considerable measures St. Marys Cement Inc. has enacted to protect local groundwater. Furthermore, because St. Marys Cement Inc. is very likely to follow the precautionary guidelines in place for the entire aggregate industry, much environmental harm would be avoided. The opponents present a very convincing argument that the members of FORCE block or reject St. Marys’ environmental precautions

due to NIMBY-ism, rather than genuine concern for environmental welfare.

CONCLUSION According to the Ontario Aggregate Resources Act, construction of a quarry at the Flamborough site is not illegal. As described above, the opponents present convincing arguments that by following the law, the welfare of society will be unchanged or improved. The proponents did not create a convincing case that following the law would significantly decrease the welfare of society. Because there is no reason to amend the law that permits the quarry on the basis of social welfare (as determined by economic, environmental, and health benefits), we conclude that the opponents’ case is the winner. Construction of the Flamborough quarry should be permitted.

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Studies by Undergraduate Researchers at Guelph

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