Results from a national survey of Crown prosecutors and defense counsel on impaired driving in Canada: A “System Improvements” perspective

Introduction

This article summarizes the main findings from a study designed to examine the legal process in Canada as it applies to alcohol-impaired driving from the point of view of Crown prosecutors and defense counsel, and to identify evidentiary or procedural factors that may impact the legal process, the rights of the accused, and interactions of all parts in the legal process.

Method

The data in this study were collected by means of a survey that was mailed out to the population of Crown prosecutors and defense counsel in Canada. In total, 765 prosecutors and 270 defense lawyers or an estimated 33% of all Canadian prosecutors and 15% of defense lawyers completed and returned the questionnaire. The "systems improvement" paradigm was used to interpret the findings and draw conclusions. Such an approach acknowledges the importance of the context in which countermeasures are implemented and delivered and the structures or entities used to deliver countermeasures to a designated target group.

Results

Results on type of charges and breath alcohol concentration, caseload, case outcomes, case preparation time, conviction rate at trial and overall conviction rate, reasons for acquittals and time to resolve cases are described.

Discussion

The findings from this national survey suggest that there are important challenges within the criminal justice system that impede the effective and efficient processing of impaired driving cases. Some of these challenges occur as a function of practices and policies, while others occur as a function of legislation.

Impact on industry

This study illustrates that a "system improvements" approach that acknowledges the importance of all elements of the criminal justice system and the interaction between those elements, can be beneficial in overcoming the alcohol-impaired driving problem.     

Areawide Trace Metal Concentrations Measured by Multielement Neutron Activation Analysis

A suite of 24 hour high volume air particulate samples, collected June 11–12,1969, at 25 locations in the Northwest Indiana area, has been analyzed by nondestructive neutron activation analysis for 30 trace elements. The use of Ge(Li) gamma-ray spectrometry and computer assisted data reduction, combined with 2-4 replications of each analysis, yielded precise results which allowed a study of the geographical distribution patterns of the elements. Some elements, such as Na, K, Ti, Al, Sm, and Eu, show only minor concentration variations over the area,while others, such as Cu, W, Cr, Zn, Sb, Ga, Br, Ag, Fe, and Ce, show large variations, indicative of important local sources. Similar distribution patterns and high correlation coefficients suggest common sources for several elements. The variations of most heavy elements significantly exceed previously reported variations of total particulate, indicating the latter to be an unsatisfactory guide for elemental distribution, especially near pollution sources. Three representative locations for measurement of elemental abundances in the area are suggested. The influence of meteorological conditions and the potential Lake Michigan pollution hazard are discussed     

Corrosion and stability study of Bacillus thuringiensis var. kurstaki starch industry wastewater-derived biopesticide formulation

Biopesticides are usually sprayed on forests by using planes made up of aluminum alloy. Bioval derived from starch industry wastewater (SIW) in suspension form was developed as stable anticorrosive biopesticide formulation. In this context, various anticorrosion agents such as activated charcoal, glycerin, ethylene glycol, phytic acid, castor oil and potassium silicate were tested as anticorrosive agents. There was no corrosion found in Bioval formulation where potassium silicate (0.5% w/v) was added and compared with Foray 76 B, as an industrial standard, when stored over 6 months. In relation to other parameters, the anticorrosion formulation of Bioval+buffer+KSi reported excellent zeta potential (?33.19 ± 4 mV) and the viscosity (319.13 ± 32 mPa.s) proving it's stability over 6 months, compared to the standard biopesticide Foray 76 B (?36.62 ± 4 mV potential zeta, pH 4.14 ± 0.1 and 206 ± 21 mPa.s viscosity). Metal analysis of the different biopesticides showed that Bioval+buffer+KSi has no corrosion (5.11 ± 0.5 mg kg^?1 of Al and 13.53 ± 1.5 mg kg^?1 of Fe) on the aluminum alloy due to the contribution of sodium acetate buffer at pH 5. The bioassays reported excellent results for Bioval+Buffer+KSi (2.95 ± 0.3 × 10⁹ CFU mL^?1 spores and 26.6 ± 2.7 × 10⁹ IU L^?1 Tx) compared with initial Bioval (2.46 ± 0.3 × 10⁹ CFU mL^?1 spores and 23.09 ± 3 × 10⁹ IU L^?1 Tx) and Foray 76 B (2.3 ± 0.2 × 10⁹ CFU mL^?1 spores and 19.950 ± 2.1 UI L^?1 Tx) which was due to the break-up of the external chitinous membrane due to abrasive action of potassium silicate after ingestion by insects. The contribution of sodium acetate buffer and potassium silicate (0.5% and at pH = 5) as anticorrosion agent in the Bioval allowed production of an efficient biopesticide with a reduced viscosity and favorable pH as compared to Foray 76 B which enhanced the entomotoxic potential against spruce budworm (SB) larvae (Lepidoptera: Choristoneura fumiferana).     

Transport and survival of viruses in the subsurface—processes,experiments, and simulation models

The remediation of groundwater contaminated with waterborne pathogens, in particular with viruses, is based on their probable or actual ability to be transported from the source of origin to a point of withdrawal while maintaining the capacity to cause infections. The transport is often associated with both the unsaturated and saturated subsurface composed of varying geological settings with commensurate hydrogeological variability. Included among the most important hydrogeological factors that can be used to evaluate viral transport are the flux of moisture in the unsaturated zone, the media through which the particles travel, the length of the flow path, and the time of travel. With respect to the movement and inactivation of viruses in the subsurface, the vadose zone can provide an effective barrier for movement into groundwater and for the protection of downgradient points of withdrawal and use. Models developed to predicate viral transport in soil and groundwater are introduced, including screening models and more sophisticated predictive numerical models. As evidenced by the exponential growth of virus transport research in the literature, as well as a continuing interest in human health, the subject will continue to be one of critical importance to professionals active in the development, treatment, and conveyance of groundwater in the future. © 2005 Wiley Periodicals, Inc.     

Road de-icing salt as a potential constraint on urban growth in the Greater Toronto Area, Canada

North America's fifth most populated municipality--the Greater Toronto Area (GTA)--is undergoing rapid urban development with serious questions being raised regarding the long-term impacts of urban growth on the quality and quantity of ground and surface water. Degradation of groundwater quality by NaCl de-icing salt is the primary concern since there are no cost effective alternatives to NaCl de-icing salt and there is little evidence that salt loadings to the subsurface can be significantly reduced. In 2001, the issue acquired a new sense of urgency when de-icing chemicals containing inorganic chloride salts (with or without ferrocyanide de-caking agents) were designated as toxic under the Canadian Environmental Protection Act. To heighten concerns, future growth in the GTA will inevitably take place in areas where groundwater is regularly used for potable supply. Studies using groundwater flow and transport models show that significant deterioration of groundwater quality can be expected in shallow aquifers as a result of urban development with chloride concentrations approaching the drinking water quality standard of 250 mg/l. Results demonstrate that urban planning needs a fresh approach that explicitly includes groundwater protection and aquifer management in the decision-making process, clearly defines acceptable environmental performance standards and makes greater use of groundwater models to evaluate alternative urban designs.     

The evolution and effectiveness of graduated licensing

This paper traces the history of graduated licensing, starting about the point in time when Pat Waller's paper on the genesis of the concept ends, and examines the extent to which graduated licensing has produced reductions in collisions. It concludes with some general observations about future research needs, anticipating several of the papers that follow.The evolution of graduated licensing is chronicled, beginning with the early and largely unsuccessful efforts to introduce it in the United States in the late 1970s, through the pioneering efforts in New Zealand, which resulted in the first truly graduated system in 1987, to Canada where the program was introduced 7 years later, to the United States where it has flourished in more recent years. This 25-year history lesson hopefully creates an appreciation for the somewhat torturous journey that graduated licensing has experienced in achieving acceptance among the public and policy-makers-a journey that is not yet over, as subsequent papers in the symposium will show. The proliferation of graduated licensing in recent years is a mixed blessing-the wider adoption of graduated licensing has been a very positive development, but the programs that have evolved are anything but homogeneous in structure or content. Although this is often necessary for various reasons, it is worrisome that some programs are graduated licensing in name only. This suggests that future efforts to promote graduated licensing must emphasize adherence to the fundamental risk reduction and multistage principles on which the concept is based. The paper also considers the extent to which graduated licensing achieves its objective of reducing collisions among those covered by the program. Understandably, most jurisdictions would not introduce graduated licensing until it was shown to be effective and this, to some extent, slowed the process of implementation. The obvious irony is that it could not be shown to be effective until it was introduced. Fortunately, as history demonstrates, some jurisdictions were prepared to try the system based on its very sound empirical rationale. And, their confidence has been rewarded. A growing body of research, which shows that graduated licensing has been associated with significant and substantial reductions in collisions, is briefly described. The paper concludes with some general observations designed to anticipate the papers that follow. First, it outlines questions that still remain unanswered about graduated licensing-why or how it works, with whom it works, and what features are most effective. Precise and unambiguous answers to these questions are essential for the design of a system that maximizes the potential for reducing collisions, injuries, and deaths. Second, it signals a note of caution on the limits of graduated licensing-it is important to recognize just how effective and beneficial this program is; it is equally important to recognize that it is not the sole panacea for the problem of collisions involving new drivers.     

Rheological profile of diets produced using agro-industrial wastes for rearing codling moth larvae for baculovirus biopesticides

A rheological study of diets using the agro-industrial wastes (brewery wastewater and pomace waste) was carried out in order to obtain a diet most adapted to supply nutrients for growth of codling moth (CM) larvae. Nutritive capacity (g/L) of brewery wastewater (BWW) (25.5 ± 5.5 carbohydrates; 16.9 ± 2.1 proteins; 6 ± 1.6 lipids) and pomace waste (POM) (22.0 ± 0.03 carbohydrates; 11.3 ± 1.3 proteins; 2 ± 0.2 lipids) were essential and important as replacement or in association with other ingredients [soya flour (SF), wheat germ (WG), yeast extract (YE)] of the standard diet for the breeding of codling moth larvae. These diet additives also contributed to the preservation of texture and nutritive content of larvae diet. The eggs and CM larvae were grown on alternate diets under industrial conditions (16:8 h photoperiod; 25 ± 1 °C and 50 ± 0.5 % of humidity). The higher assimilation of nutrients of the diets in BWW and control diet was observed by calculating the rate of hatching of eggs (0.48 to 0.71); larvae growth (0.23 to 0.4) and fertility (1.33 to 3 for control diet). The excellent growth and fertility rates of codling moth larvae were attributed to variations in viscosity (varying from 50 to 266 mPa.s?1), particle size (varying 24.3 μm in 88.05 μm with regard to 110 μm the control diet) and total solids (145.88 g/L POM + YE; 162.08 g/L BWW + YE; 162.2 g/L POM + WG; 173 g/L control; 174.3 g/L BWW + WG) diets. Lower viscosity favored improved diet due to ease of assimilation of nutrients. Thus, rheology is an important parameter during preparation of diets for growth of codling moth larvae as it will dictate the nutrient assimilation which is an important parameter of larvae growth.     

Unwanted metals and hydrophobic contaminants in bioreactor effluents are associated with the presence of humic substances

Biological treatment of landfill leachate is challenging due to the presence of complex compounds. Here, we treated an old landfill leachate using a membrane bioreactor under the following conditions: 24 h for hydraulic retention, 65 days of sludge retention and an average organic load rate of 1.71 ± 0.16 g/L/day. We observed a high removal of ammonia, phosphorous and some metals. However, removal of organic carbon was incomplete. Despite a major removal of suspended solids, hydrophobic and volatile hydrophilic compounds, high concentration of fulvic acid and hydrophilic contaminants was found in the effluent. Overally, we demonstrate that the presence of humic substances in the effluent is associated with the detection of arsenic, copper and chromium and di(2-ethylhexyl) phthalate.     

Optimization of Fenton oxidation pre-treatment for B. thuringiensis – Based production of value added products from wastewater sludge

Fenton oxidation pretreatment was investigated for enhancement of biodegradability of wastewater sludge (WWS) which was subsequently used as substrate for the production of value- added products. The Response surface method with fractional factorial and central composite designs was applied to determine the effects of Fenton parameters on solubilization and biodegradability of sludge and the optimization of the Fenton process. Maximum solubilization and biodegradability were obtained as 70% and 74%, respectively at the optimal conditions: 0.01 ml H₂O₂/g SS, 150 [H₂O₂]₀/[Fe²⁺]₀, 25 g/L TS, at 25 °C and 60 min duration. Further, these optimal conditions were tested for the production of a value added product, Bacillus thuringiensis (Bt) which is being used as a biopesticide in the agriculture and forestry sector. It was observed that Bt growth using Fenton oxidized sludge as a substrate was improved with a maximum total cell count of 1.63 × 10⁹ CFU ml^?1 and 96% sporulation after 48 h of fermentation. The results were also tested against ultrasonication treatment and the total cell count was found to be 4.08 × 10⁸ CFU ml^?1 with a sporulation of 90%. Hence, classic Fenton oxidation was demonstrated to be a rather more promising chemical pre-treatment for Bt - based biopesticide production using WWS when compared to ultrasonication as a physical pre-treatment.