People Places
History Art
Science
SUMMARY / RELATED TOPICS

Dow v Black

Dow v Black is a Canadian constitutional law court decision. It was one of the first major cases examining in detail the division of powers between the federal Parliament and the provincial Legislatures, set out in s. 91 and s. 92 of the Constitution Act, 1867. The case was decided by the Judicial Committee of the Privy Council, at that time the court of last resort for Canada within the British Empire, on appeal from the Supreme Court of New Brunswick; the case considered the constitutionality of a provincial statute which authorised the inhabitants of the parish of St. Stephen, New Brunswick to issue a debenture as an inducement to a railway company to build a railway connecting an 8-mile section from Debec, New Brunswick to the town of Houlton, Maine, in the United States; the Supreme Court of New Brunswick held that the statute was unconstitutional, since it intruded on the exclusive federal jurisdiction over inter-jurisdictional railways. The Judicial Committee allowed an appeal from the Supreme Court of New Brunswick and held that the legislation was within provincial jurisdiction as a matter of local taxation, coming under sections 92 and 92 of the Constitution Act, 1867.

The statute did not intrude on federal jurisdiction over inter-jurisdictional railways, under s. 91 and s. 92 of the Constitution Act, 1867. St. Stephen is a town in New Brunswick, adjacent to Calais, Maine. Houlton is a town in some 125 km NNW of St. Stephen. In June 1867, a few weeks before the Constitution Act, 1867 came into effect, the Legislature of New Brunswick passed an Act incorporating at the behest of William Lindsay, MPP and others, the Houlton Branch Railway Company, fundamentally to complete the St. Andrews and Quebec Railway, which would not transit St. Stephen. Meanwhile, the European and North American Railway had constructed from 1865-1869 its Western Extension line from Saint John to Bangor, which included in York County some 50km North of St. Stephen, McAdam, New Brunswick and the Saint Croix-Vanceboro Railway Bridge. In 1870, the town of Houlton offered a bonus of $30,000 to any company which would build, before 1872 had elapsed, a railway connecting Houlton with the terminus of the New Brunswick and Canada Railway near Debec, New Brunswick in Carleton County.

The Houlton Branch Railway Company was prepared to build the railway, on condition that the town of St. Stephen pay a bonus, of $15,000; the Legislature of New Brunswick passed an Act authorising the county of Charlotte to issue debentures to raise the $15,000, to be paid by municipal assessments on the real and personal property of the inhabitants of St. Stephen, provisional on a majority of two-thirds of the ratepayers of the parish of St. Stephens. After the Act was passed, on 11 August 1870 there was a meeting of the ratepayers of St. Stephen, as required by the statute; the requisite majority in favour of the Act was obtained and the debentures issued. The general sessions of the County of Charlotte issued the necessary assessment on St. Stephen to pay the interest on the debentures; some residents of St. Stephen, who included William T Black amongst their number, challenged the assessment in the courts; the proponents were represented by James Dow, editor of the now-defunct St. Stephen Journal, from 1871 to 1874, Mayor of St. Stephen.

In October 1871, on the completion of the European and North American Railway between Bangor and Saint John, New Brunswick, U. S. President Ulysses S. Grant and Governor General of Canada Lord Lisgar opened the aforementioned Saint Croix-Vanceboro Railway Bridge; the challenge was brought by way of an application for certiorari in the Supreme Court of New Brunswick to quash the warrant of assessment, on the grounds that the provincial Act related to a railway extending beyond the limits of the Province and was therefore not within the constitutional authority of the Legislature of New Brunswick. In Trinity term 1872, the Supreme Court granted an interim rule nisi to quash the warrant of assessment. In the fall of 1872, the Supreme Court heard argument and reserved judgment on whether to confirm that initial decision. On 22 February 1873, in a 3-1 decision the Court held that the Act was unconstitutional and granted a rule absolute to quash the warrant of assessment. Mr. Justice Allen delivered the majority decision of the Court.

He held that there was no doubt that the railway extended beyond the province of New Brunswick, therefore fell under exclusive federal jurisdiction under the combined effect of s. 92 and s. 91 of the Constitution Act, 1867. Since the purpose of the provincial statute was to provide for the construction and completion of a railway extending beyond the limits of the province, it fell within federal jurisdiction; the funds were necessary to the completion of the railway. If the act were within provincial jurisdiction, the Province would have the power to secure the existence or completion of inter-jurisdictional undertakings. Mr. Justice Fisher dissented. Prior to his appointment to the court, he had been a Father of Confederation and participated in both the Quebec Conference and the London Conference which had produced the terms of Confederation and the text of the Constitution Act, 1867, he distinguished between the pre-Confederation New Brunswick statute which incorporated the railway company and the subsequent statute authorising the town of St. Stephen to contribute to the financing of the railway.

The pre-Confederation statute remained in force by virtue of s. 129 of the Constitution Act, 1867. That statute was the authority for the construction of the railway; the subsequent statute provided a way for the inhabitants of St. Stephen to contribute to the construction of that portion of the railwa

IntelliGym

IntelliGym is a video-game-like training program designed to improve cognitive performance of competitive athletes. Due to its content and delivery methodology, it is considered a serious game. However, unlike many serious games, the IntelliGym uses a low-fidelity training approach, based on a'cognitive simulation' patented technology. Current release is available for hockey players and soccer players. According to its creators, IntelliGym addresses a broad range of cognitive skills, such as perception, decision making under pressure, spatial awareness and pattern recognition. According to the official website, the IntelliGym technology is based on a concept developed for Israeli Air Force pilots; the research was conducted by Professor Daniel Gopher of the Technion, following a DARPA project reviewing the cognitive training system called the Space Fortress. This study showed significant improvement in performance of trainees after using a specially designed computer game, compared to a control group.

Following the introduction of the basketball application NCAA Division-I basketball teams as well as high school varsity teams adopted the IntelliGym as a training tool for their players. Coaches have reported significant improvement in performance of trainees, as shown by their statistical measures; the IntelliGym is based on the notion of “Low Fidelity Simulation”: the game stimulates the same cognitive skill-set, required to play basketball, but without the visual resemblance. This way, the player is required to make meaningful choices with respect to making the right game decisions, but without the negative artifacts of a high-fidelity simulation found in research; the Basketball IntelliGym presents the player with situations where rapid decisions are needed to be made. The game takes place in a space-like environment, includes different scenarios. In its main training settings, two teams of five spaceships on each team are competing. Using various weapons and ammunition types loaded on a ‘Super Cannon’, a player can either steal points from its rival team or prevent the opponent from gaining points.

The game consists of a given number of training sessions, each taking 30 minutes to complete. The difficulty level is adjusted to the individual performance of the player; the Basketball IntelliGym was provided on a CD, with 2 versions for Microsoft Windows. On 2009, a downloadable version has been released and replaced the CD; the program requires Internet connection for initial registration, but thereafter can be played offline. The game has been reported by mainstream media sources such as ESPN, Fox News, the LAB when leading NCAA Division-I teams have started to use it; the official site lists some 20 teams that are using the product but fails to provide the number of individual users. In June 2009, USA Hockey and Applied Cognitive Engineering Ltd. announced a collaborative development of a training system for ice hockey players. The research and development was funded by Bird Foundation; the program was released in 2010. The Hockey IntelliGym is used extensively by players of the USA Under-17, Under-18 and Under-20 Ice Hockey national teams.

Research conducted at the USA Hockey National Team Development Program demonstrated that the IntelliGym reduced the number of on ice injuries. The developers of the program claim that enhanced cognitive skills, in particular spatial awareness and working memory, allow players to avoid hazardous positions. On March 2013, the Hockey IntelliGym has been adopted by the players' development initiative of USA Hockey. On May 2014, the Mayo Clinic adopted the IntelliGym as a training tool to all hockey players attending Mayo's Sports Medical Center; the Hockey IntelliGym is available as a downloadable program for personal computer platform. The program requires Internet connection for activation; the program is offered to individual players. According to USA Hockey, the Hockey IntelliGym is used among ice-hockey players in the USA. Various ice-hockey reporters published positive reviews about its efficacy. In May 2015, after receiving a grant from the EU Horizon 2020 program, Applied Cognitive Engineering Ltd. announced a 24-months project dedicated to the development of a cognitive training program for soccer players.

The project was titled "BrainPEER" and involved 10 European football clubs and 2 research universities. Two efficacy studies were conducted to measure the impact of IntelliGym training on actual soccer performance; the studies were conducted at the Vrije Universiteit Amsterdam and the German Sport University Cologne. Both studies showed significant improvement of on-field performance of IntelliGym trainees compared to the control group; the Soccer IntelliGym is available as a downloadable program for personal computer platform. The program requires Internet connection for activation; the program is offered to individual players. The game has been reported by mainstream media sources such as the New York Times and Sports Illustrated. According to the company's website, as of August 2017, there are over 36,000 users, ten professional football clubs who use the program. Serious game Simulation video game Game based learnin