Monday, October 3, 2022

Tuesday, October 4. 2022

Today's schedule is CDAB

C/D Blocks Social and Environmental Sciences - All Benton...all morning long, Yay! With Benton in 145 where you'll look at how the ecology of the Colorado River is changing. First we'll study adaptations and the status of endemic/endangered fish populations and secondly we'll look at Tamarisk, an introduced species, to see effects on the river and riparian zone. (What is the value of biodiversity?) From Discover Moab
Riparian lands in the Western U.S. have been severely impacted by many human-related actions, but none so much as the introduction of tamarisk, an invasive and non-native plant. Tamarisk plants hoard light, water and nutrients, and can impact natural systems and destroy native wildlife habitat. The Colorado River Corridor is an ecosystem that has been out of balance for several decades, and now the tamarisk has spread to such an extent that it has effectively altered the natural functions and processes of the ecosystem. The issue is widespread and complex, and there are no easy answers or solutions. 

For more on the Tamarisk check out:
The Battle Over the Tamarisk Tree: Ecologists seek balance as one non-native species eradicates another.
Photos: Colorado River battle against a serious enemy -- invasive tamarisk
NPS Grand Canyon Exotic Tamarisk Management

For the second part of class you'll look at the source of the Colorado River, the snowpack in the Rockies. Nearly all the water flowing in the Colorado River originates in the headwater states, most of all Colorado, and mostly as snow. In 2020, the snowpack in the upper basin was 114% of average. That snowpack yielded only 55% of average runoff. This is partially due to the fact that less snow has been making it to spring (because it melts during the winter months) and that means less water flowing in rivers come summer. Melting before April 1 has increased at almost half of the stations by an average 3.5% per decade. This so-called winter melting has been most prominent in November and March, although it has occurred in all months. So what does this mean? The mountains have often been described as the water tower of the West, akin to the tanks that stand over many small communities. The snow melts rapidly during spring, of course, but then slowly melts well into summer. Now, there’s less snow to melt. The tank on the hill has less water...the early melt means less storage over the entire year which means less water in the system for runoff (there's a sciency article titled Winter melt trends portend widespread declines in snow water resources that explains this in sciency detail).

 Benton will have a graph for you to work on and take a look at the following:
The progression of snow water equivalent, an indicator of snowpack, in 2021 in the Colorado River Basin compared to other years. (Natural Resources Conservation Service)



A Block Criminology - Today we will focus on the impact that crime has on victims. We'll try to examine the impacts of crime on victims (both short and long term)




I'll go over some notes with you on this and we'll try to understand how violence and violent crime (out next topic in the course) is a traumatic event that impacts human lives. I'd like you to read through the "Nature of Victimization" on pages 53-5 and 57-58  and "Theories of Victimization" dealing with Victim Precipitation, Lifestyle, and Routine Activities on pages 59-62 in the CRIM text. After discussing these sections your job will be to complete the following:

1. Briefly outline and explain the patterns we've identified in victimization (social ecology, household, personal characteristics and repeat victimization)
2. Explain in point form the three theories of crime victimization. 

B Block Legal Studies - Please complete questions 1, 2 and 4 on page 64 and the Review Your Understanding questions 1, 2 and 5 on page 83 of the AAL text to submit next class. In  R. v. Gladue (1999), the Supreme Court of Canada's decision considered a sentencing principle outlined in paragraph 718.2(e) of the Criminal Code. In section 718.2(e) of the Criminal Code, Parliament requires judges to consider all available sentences other than imprisonment that are reasonable in the circumstances and consistent with the harm done, for all offenders, and says judges must pay particular attention to the circumstances of Aboriginal offenders.

If you identify as Indigenous and are charged with a crime, a judge must apply Gladue principles when you're in a criminal court. Gladue principles are a way for the judge to consider the unique circumstances (experiences) of Indigenous peoples. These unique circumstances include the challenges of colonization an Indigenous person, their family, and community faced and resisted as Indigenous people, and continue to affect them today. These challenges include racism, loss of language, removal from land, Indian residential schools, and foster care. These challenges are called Gladue factors.


If you identify as Aboriginal and you plead guilty to a crime, you might be able to have your bail or sentencing hearing in one of BC's First Nations/Indigenous Courts. You might be brought into a First Nations/Indigenous Court by referral from a judge, defense lawyer, or Crown lawyer. Or you can request to go to First Nations/Indigenous Court. It’s your choice to have your matter heard in First Nations/Indigenous Court. 

First Nations/Indigenous Courts are criminal sentencing courts that use restorative justice and traditional ways to reach balance and healing. BC's First Nations/Indigenous Courts are often called Gladue courts.

First Nations/Indigenous Courts focus on balancing rehabilitation, accountability, and healing. The judge, your lawyer, Crown counsel, Elders and your community, and your family work with you to create a healing plan to help restore your mental, physical, spiritual, and emotional health.

You might still be sentenced to jail. If you're sentenced to jail, the judge must still consider your unique circumstances in their decision.
So, Glaude services have been transferred to BC First Nations Justice Council which also provides  Indigenous Justice Centres in British Columbia

And also to help with the questions from the All About Law text

On June 21st, 2021, the United Nations Declaration on the Rights of Indigenous Peoples Act received Royal Assent and came into force. This Act provides a roadmap for the Government of Canada and Indigenous peoples to work together to implement the Declaration based on lasting reconciliation, healing, and cooperative relations. The Act upholds Aboriginal and treaty rights protected by section 35 of the Constitution Act, 1982, and doesn't lessen them in any way

Article 3 states:

Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

Article 4 states:

Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.

Article 5 states: 

Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.

Article 8 states:
  1. Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture.
  2. States shall provide effective mechanisms for prevention of, and redress for:
  • Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities;
  • Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
  • Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
  • Any form of forced assimilation or integration;
  • Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
Article 26 states: 

Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.

Article 37 states:

Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such treaties, agreements and other constructive arrangements.

 

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