Thursday, February 27, 2020

Health Care of Refugees in Canada Research Paper

Health Care of Refugees in Canada - Research Paper Example Industrialists and manufactures in Western countries like US and Canada were happy to welcome illegal workers who were ready to work at cheaper wages. According to recent data published, immigrants account for nearly one fifth of the Canadian population and this number still continues to grow. Undoubtedly, this chaotic situation leads to numerous social as well as health consequences in the country. Studies indicate that the number of people having precarious status and limited access to health is increasing in Canada. It is identified that refugees do not have proper access to health care and they struggle to pay for health care services in the country. Health care is a fundamental human right and hence it is the ethical obligation of medical practitioners to offer health care services to people regardless of one’s age, sex, or nationality. This paper will particularly discuss whether or not the refugees in Canada should have free access to the country’s health care sy stem. ... It seems that physicians who provide care to refugee families generally perform those tasks discretely. As a result, refugees in the country do not obtain the same level of care which is offered to Canadian citizens. Since uninsured refugees are compelled to pay for services received, help-seeking mentality is discouraged among this already vulnerable population. Clinicians claim that this lack of help seeking mentality among refugees can be directly linked to high levels of morbidity. Delayed care seeking also leads to issues like poor follow up for chronic diseases like diabetes, and growing prevalence of HIV and increased levels of mental illnesses. â€Å"In the case of children and youth, problems included delayed surgical interventions, prolonged absence of adequate care for acute mental health conditions (post-traumatic stress disorder and depression), and unavailability of rehabilitation services for children with autism and other developmental problems† (Rousseau et al , 2008). Currently, there are only a few organizations in Canada fighting for the health care needs of the refugee population in the country. Therefore, health organizations do not give particular attention to delivering health services to refugees on time and effectively. In the words of Muggah, Dahrouge, and Hogg (2012), language difficulties and cultural as well as societal influences become a barrier for refugees in Canada to access quality health services. As per reports, the Federal government has decided to limit refugees’ health coverage to services that are â€Å"of an urgent or essential nature† (Wayne, 2012). The government has also planned to provide the refugee population with medications and

Monday, February 10, 2020

Establish the terms of the contract between Yardly and BALIOL Case Study

Establish the terms of the contract between Yardly and BALIOL - Case Study Example It could be said that a fiduciary relationship is found where one party reasonably places his trust and reliance in another party to act in a loyal manner conducive to his best interests. However, useful though that definition could prove, Jill Martin may be being more realistic where she says that 'it may sometimes appear that the defendant may classified as a fiduciary, or not, in order to achieve the desired result.' As such the judiciary's approach to the fiduciary relationship might be best understood as an example of a purposive approach to the law where they have attempted to give effect to the spirit of the law as opposed to any strict definition. Under the rule in Keech v Sandford it is assumed that a fiduciary acts voluntarily and cannot charge for their time and trouble , but the law has long recognised that some fiduciary relationships require remuneration of some sort and it would be nave to suppose otherwise. In Robinson v Pett it was held that if a fiduciary could show a specific entitlement to remuneration they would receive it and similarly a fiduciary will receive any out of pocket expenses incurred doing business in their fiduciary capacity . If in a trust situation the beneficiaries are all sui juris and there is no possibility of undue influence they may agree to the trustee being paid. Under s29 of the Trustee Act 2000 a trust corporation is entitled to receive reasonable remuneration if there is nothing specifying otherwise, and a professional trustee who is neither the sole trustee, nor a corporation, may also receive such remuneration if all the other trustees consent in writing. The court also has an inheren t jurisdiction to order payment of fiduciaries if it feels that such payment is reasonable In most fiduciary relationships where remuneration is involved there will be an express clause, either in the trust instrument (which professional trustees can insert following the Trustee Act 2000), the articles by through which one party becomes a fiduciary, or in the contract of employment as in the case of a solicitor, thus circumventing the rule that a fiduciary may not make a profit. BY the rule of Equity, it clearly states that: "It is an inflexible rule of Equity that a person in a fiduciary position is not, unless expressly provided, entitled to make a profit; he is not allowed to put himself in a position where his interest and duty conflict." With Yardley's case, he violated the rule of Equity wich includes that trustee's have a duty not to make an unauthorised profit. However it is felt that the rigorous application of the rule can inflict considerable hardship, often in cases where it may seem somewhat unjust to do so. Unauthorized profit is defined as unlawful use of money or assets beyond the original agreed upon terms or purpose of the money or asset. It is necessary to investigate if Yardley purchased any properties or assets during the time of his departure from the company including the amounts of each asset or property. The basic rule that fiduciary is not allowed to make an unauthorised profit was established in the case of Yardley v BALIOL where there was a dispute over the company money entrusted to YArdley for wage management of the same company. In this case a trustee held the money on trust for a