Indigenous Rights in Canada - Free Essay Example

Sample details Pages: 3 Words: 882 Downloads: 1 Date added: 2018/12/19 Category Law Essay Type Research paper Level High school Tags: Canada Essay Government Essay Did you like this example? Terrible Acts besides Indigenous individuals Canadian government recognizes three different types of indigenous individuals. These include Indians, Metis as well as Inuit. Indigenous individuals have always been victims of acts against them like colonization of their households, built -up schools as well as cultural killing. Don’t waste time! Our writers will create an original "Indigenous Rights in Canada" essay for you Create order There is gap that has been pointed between rights for non-indigenous and indigenous. In addition, staying in one of the wealthy states across the realm, indigenous individuals in Canada come across problems such as impoverishment, residential problems, challenges in accessing medical care, clean water and getting food for themselves and their families. They are even forced to deal with repercussions of built-up schools. Although, the government of Canada claims to use a lot of money on the indigenous individuals, funding for their necessities like their food, shelter and water is less when compared to what non indigenous societies get. The paper will critically seek to analyze the rights of indigenous people, both their past and present events and promises for their future. The paper will also highlight discrimination and injustices in a non-bias way with solids proofs. History Before the coming of European settlers in Canada, indigenous individuals occupied as well as thrived on land in around 1200 years ago. They used this land and their resources as a way of surviving. They acknowledged their God for what he had provided them. They stayed a holy life and treated their lands with a lot of respect. When settlers arrived, their lands were taken away and displaced from those lands. Residential Schools One hundred and thirty residential schools were established till the year 1870. The Canadian government was involved in funding operations for these residential schools along with numerous religious organizations like Roman Catholic churches. The main aims of these schools were to eliminate and isolate youngsters from their households, families, beliefs as well as to assimilate them into the central cultures in Canada. During this time, many 150,000 indigenous youngsters were eliminated as well as alienated from their own relatives and societies in order to attend residential schools. They were also forced to conform to beliefs, cultures and views of Catholic. Although residential schools were operated for numerous years, they ceased to operate in the year 1996. Many of the youngsters survived in an unconducive and unfavorable environments while at those residential schools whereby resulting effects and traumas may be seen nowadays within those indigenous people. According to article Residential school survivor, Cynthia Wesley-Esquimaux, There was more clean water for drinking, and because they were out from residential schools, there was sexual harassment and domestic violence. Thus, many of the children were under sexual harassment and domestic violence toward binging of drinking water. Cynthia tries to describe trauma which had been passed from generation to generation because of injustices and discrimination faced by the indigenous population. Therefore, assimilation of the culture of indigenous people, discrimination and colonization have dominant roles to the problem faced by these people nowadays. Truth and Reconciliation The fact and Resolution Committee refers to an organization devoted to receiving the facts and reconciliation coming from the government. The fact and resolution committee was established in 1996. It has been forcing the government to acknowledge and apologize for the wrongs which have been done to indigenous people in past and present. The objective of this organization is to better the lives of those affected in forthcoming future. It also calls for actions that should be done by administration of Canada. The Indian Act The Act was amended in year1876. This permitted the administration of Canada to take control of many aspects of indigenous population such as the status of Indians, lands, and their education. In addition, Indian act considered how much funds would be used in systems of reserves and concerns for indigenous individuals. The act has been updated several times but, in modern days, it is prejudiced to indigenous individuals. Before this period, the royal proclamation bill of 1763, was the one that government worked on. It showed the people whom indigenous population was supposed to interact. The bill also gave some rights to the indigenous population and centered on how they could stay. Moreover, the bill made it easier for European settlers to take the lands and resources from indigenous people. The act showed factors that should be considered for one to be an Indian. Great Arctic Relocation The Great Arctic Relocation occurred in 1950 when cold war was in progress. During this period, the government of Canada moved the indigenous families especially Inuit From northern Quebec to Grise Fjord and Resolute Bay. These families faced challenges since they were not provided with proper basic needs like shelter and food because of ongoing cold in areas of Nunavut. When those families arrived at their respective places, they were forced to separate and without their knowledge before, one group was to live in Grise Fjord while the other group to live in Resolute Bay. Indigenous families were not permitted to move out of those places after arrival since they had been promised so by the government. Footnotes 1. https://www.amnesty.ca/our-work/issues/indigenous-peoples/indigenous-peoples-in-canada 2. https://www.trc.ca/websites/trcinstitution/index.php?p=4 3. https://www.trc.ca/websites/trcinstitution/File/2015/Findings/Calls_to_Action_English2.pdf 4. https://www.thecanadianencyclopedia.ca/en/article/indian-act/ 5. https://www.aadnc-aandc.gc.ca/eng/1100100016115/1100100016116

Synthesis of Isopentyl Acetate (Banana Oil) Using a...

Synthesis of Isopentyl Acetate (Banana Oil) Using a Fischer Esterification Reaction Zhenshu Wang (Stan) TA: Aaron League September 23, 2012 Purpose: The purpose of the experiment was to perform the acid-catalyzed Fischer Esterification of acetic acid and isopentyl alcohol to form isopentyl acetate, or banana oil, which is used in flavor industries. The equilibrium of the reaction was changed by adding an excess amount of acetic acid. The reaction was refluxed and product was purified by extraction and distillation. Isopentyl acetate was analyzed by infrared spectroscopy and 1H NMR spectroscopy. Reaction Scheme: Mechanism: Key features of the Fischer Esterification mechanism are: a. protonation of the carbonyl group, b. the†¦show more content†¦The boiling point was 129 oC which was lower than the literature boiling point, 142 oC. Analysis by infrared spectroscopy showed the impurity (most likely CH2Cl2) containing a carbon-chlorine bond. A good yield of isopentyl acetate was obtained during this experiment. Loss of the product was likely through transferring liquid from separatory funnel to the Erlenmeyer flask and residual material left in the distillation flask. Using an organic solvent like benzene or cyclohexane as a transfer agent would improve the yield, since their boiling points were around 80 oC and could be easily separated from the final product through simple distillation. However thisShow MoreRelatedSynthesis of Isopentyl Acetate Via Fischer Esterification Essay724 Words   |  3 PagesExperiment 1: Synthesis of Isopentyl Acetate via Fischer Esterification Introduction: Isopentyl acetate, banana oil, is a naturally occurring compound that has a very distinct and recognizable odor. It is most commonly found in bananas but also can be found in other organisms. The purpose of this lab was to synthesize the ester isopentyl acetate via an acid catalyzed esterification (Fischer Esterification) of acetic acid with isopentyl alcohol. Emil Fischer and Arthur Speier were the pioneersRead MoreBanana Oil Synthesis Report Essays1695 Words   |  7 PagesaMicroscale Synthesis of Isopentyl Acetate (Banana Oil) Objective: Carried out the microscale synthesis of isopentyl acetate by direct esterification of acetic acid and isopentyl alcohol. This was an acid catalyzed Fischer esterification. Both extraction and distillation were employed to obtain a pure product. IR spectroscopy and gas chromatography were used to determine purity of the final product. Reagents: * Compound: | * MW (g/mol): | * MP ( °C): | * BP ( °C): | * Density (g/mL):Read MoreSynthesis of Banana Flavor2281 Words   |  10 PagesSynthesis of Banana Flavor CHEMISTRY 200L EXPT 02 PAGE 01 - 11 Gerome B. Vallejos*, Ellis Mika C. Trino, Jahn Camille B. Valdez, Ariza Yamashita Department of Biological Sciences, College of Science Group 11 Corresponding author: gerome_911@yahoo.com Abstract The purpose of this experiment was to synthesize isopentyl acetate via Fischer esterification reaction between acetic anhydride and isoamyl alcohol, using concentrated sulfuric acid as a catalyst. This reaction is characterized by the combiningRead MoreSynthesis Of Isopently Acetate ( Banana Oil )1072 Words   |  5 PagesSynthesis of Isopently Acetate (Banana Oil) Deborah Nyabando CHEM 2311 TA: Nicholas Serratore February 20, 2014 Purpose: The purpose of doing this experiment was to prepare isopently acetate, an ester that has a pleasant smell like that of bananas from isopently alcohol and acetic acid by the Fischer esterification reaction. Sulfuric acid was used as a catalyst. Water, sodium bicarbonate, and sodium chloride were used to extract any impurities from the product. Simple distillation was then usedRead MoreSynthesis of Salicylic Acid and Potentiometric Determination of Its Purity and Dissociation Constant4209 Words   |  17 PagesSynthesis of Salicylic Acid and Potentiometric Determination of its Purity and Dissociation Constant ------------------------------------------------- Abstract The purpose of the study is to synthesize salicylic acid from the ester, methyl salicylate, and determine the acid’s dissociation constant and purity. The ester was converted to salicylic acid by base hydrolysis. The products were refluxed and recrystallized, to ensure maximum purity, and filtered, dried, and weighed. The melting point

Describe and Critique on Scientific Management - 1284 Words

Report Title: Describe and critique the Scientific Management approach pioneered by Frederick Taylor Content Page Executive Summary 2 Who Is Frederick W. Taylor? 3 Scientific Management 4 Fordism 5 Criticisms of Scientific Management 6 Neo - Taylorism 7 Conclusion 8 Reference List 9 Executive Summary This study aims to analyze and discuss both industrial benefits and social implications of Frederick Taylor’s scientific management approach. A brief biography of the â€Å"Father of Efficiency† will be outlined, followed by an overview of Frederick Taylor’s framework for Scientific Management. Discussions within will focus on positive effects of production with the aid of scientific management and the negative social†¦show more content†¦However, an interview with employees of the company suggests that they had lost the meaning of working amidst the repetitive work flow in the assembly lines. This, among other conditions led to a series of employee suicides that took place in the vicinity of Foxconn, creating much controversy on management practices and work flow processes. Neo - Taylorism Scientific management practices can still be observed in companies everywhere, from performance standards, to job descriptions and key performance indicators. Neo – Taylorism, as it is more commonly known today has evolved into a more flexible framework with a balance of standardization and welfare for the employee. Scientific management practices have been creeping into service sectors in the form of automated replies and standard operation procedures. In McDonalds, job fragmentation, specialization can be observed in the workplace and aims to standardize and routinize products and work processes. Conclusion Taylorism is nothing more than a skeleton for a more sophisticated and an ever growing framework of management. Although it led to the growing of the middle class workers and has indirectly led to a comfortable life for most people, it is also the foundation of capitalism and mass consumption, a problem that is ever growing. Efficiency of workmen must be balanced with proper welfare and social interactions between management andShow MoreRelatedTaylorism999 Words   |  4 PagesDescribe and critique the Scientific Management approach pioneered by Frederick Taylor. 1.0 Executive Summary This article is a reflective paper on Frederick Winslow Taylor’s theory â€Å"The Principles of Scientific Management† published in 1911. The paradigm of scientific management focuses on production workers efficiency by breaking down every action, job, or task into small and simple segments that can be easily performed with minimal skills and without acquired knowledge (Taylor, 1911). 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This critique will also examineRead MoreThe Scientific Management of Taylor1493 Words   |   6 PagesIntroduction Taylor used valuable knowledge into work practice, as the appearance of scientific management, the productivity of all the developed countries increased nearly 50 times (Zuo, 2007). In the meanwhile, whether the scientific management is suitable for modern age has sparked much debate. Some people assert that scientific have some limitations. Therefore, this essay tends to analyze several parts of scientific management, some problems caused by it and whether it is suitable to the modern enterprisesRead MoreRules And Regulation Of A Bureaucratic Organization Essay1614 Words   |  7 Pagesimpact on other employees, who are working together to achieve the same goals. Rules and regulations have the utmost importance in any organization. Max Weber (1864-1920), is known as the father of the bureaucratic management theory. 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Describe the hallmarks of scientific research. There are eight characteristics of the hallmarks of scientific research which are purposiveness, rigor, testability, replicability, precision and confidence, objectivity, generalizability and parsimony. Purposiveness is the manager has started the research with a definite aim or purpose. Rigor is connotes carefulness, scrupulousness, and the degree of exactitude in research investigation. Testability is a property that applies toRead MoreIn Finance, Scholars Are Led By The Matter They Want To1076 Words   |  5 Pagesto use according to the environment and the subject of the study. During this essay, we will describe how scholars in finance approach problems and topics, then we will explore the methods they use before examining how they ensure the quality and the publication of the result of their research. The goal of research in the science of finance is to improve the financial environment and the financial management which are the determinants of the development of the financial economy in the micro and theRead MoreQuestions On Learning And Leadership Theories1636 Words   |  7 Pagesadvances. For instance, in forms of communication from standard meetings to vastly used email because different managers operate in other geographic locations. This paper will critique the phrase â€Å"there is no leadership paradigm† with dialogue on Thomas Kuhn’s meaning of a paradigm, originating in his book, The Structure of Scientific Revolutions: 50th Anniversary Edition (2012). Furthermore, it will discuss if the paradigm concept pertains to the social sciences as well to physical science from Kuhn’s

Graduation Speech College Experience Essay - 1371 Words

The Americanization of going to college is idolized, treasured, and held at a historic prestige here in the United States. You put your hope, hard earned money from summer jobs, faith, endless tears, ACT scores, missing high school football games, slaving away your weekends, and giving up your entire â€Å"social life† at the age of seventeen is an epidemic. In the end you’re doing it to get a piece of paper delivered to you in the mail. You pace back and forth, you constantly pester the mailman and even know exactly when he gets to your neighborhood just for the sliver of hope today is the day. Don’t get me wrong I’m the same way especially wanting to transfer to an out of state school after I’m done at ccd. But when you take a minute to stop and think about what you’re volunteering for it can be quite frightening. The dorm life is known as having the full â€Å"college experience†. It’s truly exhilarating experience but can on ly imagine the only experience vie had with it first round was helping my sister move into her dorm freshman year at Regis university. You’re finally escaping the tight grasp of your parents who are insane however you’ll miss them. No more sharing a room next door to your pestering little brother who is always asking for rides and never respects your privacy. New friends, cute boys, cool parties, your own rules and freedom finally. You walk out of your dorm and take on that first day of school. You unknowingly put your trust, safety, well-being, and home cookedShow MoreRelatedGraduation Speech : College Experience870 Words   |  4 PagesFirst, I would like to explore the â€Å"typical† route students will take upon graduating high school. In 2015, there were an estimated 20.2 million students expected to attend American colleges and universities, with 13.2 million of those students choosing 4-year universities (nces.ed.gov). 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As a great communicator, you have to have traits like having eye contact with the people you talk to, having hand movements, have reasons for the advice given to another, speakingRead MoreSteve Jobs Commencement Speech Analysis1462 Words   |  6 PagesOn his commencement speech to Stanford students on June 12, 2005, Steve Jobs, the CEO of Apple computers and PIXAR animations, used carefully crafted inspirational anecdotes and rhetorical devices like ethos and pathos to move his audience to explore, follow their dream and do what they love no matter the odds. Jobs’ gave his commencement address at Stanford students graduation ceremony in 2005, which had an audience size of about 23000. The audience is composed of immensely diverse groups of peopleRead MoreI consider Steve Jobs’ commencement speech at Stanford University in 2005 to be one of the most700 Words   |  3 PagesI consider Steve Jobs’ commencement speech at Stanford University in 2005 to be one of the most effective speeches. 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As mentioned during his introduction at the Stanford Commencement Speech in 2005, as an infant Jobs was given up for adoption by his biological parents and was later adopted by a couple known as Clara and Paul Jobs. As a boy, Jobs acquired an interest in electronics as PaulRead MoreRhetorical Analysis Of Steve Jobs Speech848 Words   |  4 Pagesmany inspirational speeches have been remembered, because of how they connect with the audience. Steve Job’s speech during the Stanford’s graduation was inspiring to many of the college graduates. Many people think in order to be successful a college degree is mandatory. Even if they do not like what they are doing. People should love what they do, and should not follow dogma. With his speech, Steve Job’s convinced the multicultural population at Stanford University to be prominent and to pu rsue their

Cloud Computing Research and Security Issues †MyAssignmenthelp.com

Question: Discuss about the Cloud Computing Research and Security Issues. Answer: Introduction: This report focuses on the office automation provided for all the civil engineering employees in SoftArc Engineering. The cloud computing allows the SoftArc Engineering employees to access the office-based applications like email, word processing, and spreadsheets from remote location. These applications are hosted in the secured data center accessed by means of an internet connection. The cloud-based approaches for providing office automation include Hosted Applications and Software as a Service (SaaS). The Hosted Application approach gives provisions for online accounting, CRM, and industry related applications. The SaaS approach provides an employee with access to common office applications through web-based interface. Approach Benefits Issues Hosted Applications 1. Easy to use and access. 2. Reduces the physical clutter without the need of hard storage devices. 3. It provides room for development and boosts the business productivity. 4. It is reliable. 5. Saves money. 1. Loss of Control. 2. Limited functions. 3. Limited Bandwidth. SaaS 1. Maintenance cost of multi-tenant applications is less and it is cost-effective. 2. It is Reliable. 1. Security Issues. 2. Compliance. 3. The browser-based approach encounters some performance issues when compared to the applications running on local system. I recommend using self-hosted software for SoftArc Engineering firm. The self-hosted applications are downloaded, installed on the servers, and are provided the license. This is useful in large corporations like SoftArc that needs high security and confidentiality of the information (Yang Chen, 2010). The hosted applications are owned by the firm and the update of the software is performed when it is convenient. Moreover, it can be customized by the owners without affecting the employees. This report explains the issues caused by drifting the web infrastructure of SoftArc to an IaaS in public cloud. The major differences between these solutions are provided on various aspects: On premise: The complications will be increased if the number of employees or endpoints is increased and it requires additional licences. IAAS: Here, the user can purchase the flexible Service Provider Licensing Agreement (SPLA). This leads to the flexible licensing options given based on node cost per month. On Premise: The growing complication of storage, servers, and the software leads to the user investments in highly expertise support team. IAAS: The IAAS providers offer support to the users, and hence the maintenance cost is lower than locally hosted solutions. On Premise: In localized network, access to the infrastructure is untimely affected. The remote sites based on that location may experience only limited access. IAAS: The IaaS solutions are positioned within custom data centres with various network levels, the redundancy exceeds the locally hosted servers. Challenges of migrating to Infrastructure As a Service (IaaS): The migration issues are depicted in the figure below: Here listed are the challenges encountered during migration: Giving Provisions for enough Bandwidth Dealing with mental pattern transition Planning for system downtime Dealing with prevailing dependency configurations General database transition issues Compatibility verification issues on virtual machine transfer Security Concerns Compatibility of Applications Managing and administering applications Planning for disaster recovery This report analyzes the cloud computing model for SoftArc enterprise. IaaS PaaS SaaS It enables users to get access to their own infrastructure like computers, storage, and resources It abstracts the infrastructure away from the user but provides a software development platform. This model provides user with access to the software in on-demand method. This can be either a single application or a software catalog that a user can choose from. Recommended model for SharePoint The utilization of SharePoint online as PaaS, IaaS, or SaaS varies according to the business needs. A SaaS cloud model is appropriate for accessing off the shelf SharePoint applications. On the other hand, the flexibility of the PaaS model is needed to develop the applications on the SharePoint platform for meeting the business requirements. The PaaS model is appropriate for the employment of flexible SharePoint application in SoftArc, since SharePoint is needed to be accessed mainly on remote locations. Problems encountered and the Solutions for incorporating SharePoint with PaaS model: There are many advantages of hosting the SharePoint in PaaS model e.g. Azure like speed, easy deployment, and cost. But it also poses some unique challenges and issues. The question is related to the safety of putting SQL content and SharePoint data in the cloud. The usage of SQL and Sharepoint in Azure are safe to store the secured content in the cloud as long as the system configuration is done properly by the organization. Reference: Yang, J Chen, Z. (2010). Cloud Computing Research and Security Issues. IEEE International Conference on Computational Intelligence and Software Engineering (CiSE), 4(3), 1-3. Sun Microsystems Unveils Open Cloud Platform. (2009, January 10). Retrieved from https://www.sun.com/aboutsun/pr/2009-03/sunflash.20090318.2.xml.

Commercial and Corporation Law Partnership Act

Question: Describe about the Commercial and Corporation Law for Partnership Act. Answer: The type of business organisation currently operated by Aysha and Dilara is Partnership. As per Section 5 of the Partnership Act, 1958(Vic), General Partnerships are the types of organisations which include the relationship between two or more persons carrying on a similar business with a sole objective of earning huge profits and expanding their organisation globally. The Partnership should be legal and should not contain the features such as: Being registered under any Acts related to registration or incorporation of a Company. Being formed under any Act or Royal Charter. As per Section 6 of the above stated Act, there are rules for the determination of partnership existence which are as under: Rental contracts or common lease contracts does not lead to partnership even if the profit is shared proportionately. A Partnership is not created merely by the share of returns calculated in a gross manner. Even, if the above returns are arrived from a property which is held jointly or commonly, there is no chance of considering the same as a partnership organisation. Contingent payments or changing profits of an organisation do not lead to Partnerships. For example, Receipts of debt amount or instalments and other such amounts from the amount of profits earned do not constitute an act of partnership. Also, annuity or other such amounts received by spouse or children of deceased do not relate to an act of partnership. The above needs are met by business organisation formed by Dilara and Aysha and hence as per the stated Acts of The Partnership Act, 1958(Vic), it is a Partnership. It can be summarised as under: Dilara and Aysha have a common goal of running the winery as a going concern. They share profits equally as per their mutual consent. They do not fall under any Act of Company or Royal Charter. Current business structure is not suitable for the sale of a part of the wine business i.e Brothersglen Winery to Polat. The form of Incorporated Limited Partnerships must be adopted by Dilara and Aysha. According to section 50 of the Partnership Act, 1958, when at least one general and one limited partner come together, they form a limited partnership. Unlike, the general partnership which constitutes two or more general partners and profits are shared on the basis of the capital invested, Limited partnerships are limited to the part of amount invested by the investor. The type of limited partnership which helps in the effective continuation of risky ventures or projects for high growth and development is found in the incorporated limited partnerships. They are formed in order to acquire control and grip over such risky ventures. They are recognized after the registration procedure conducted by the Consumer Affairs Victoria in which an appropriate form is filed to get registered. Not more than twenty general partners can represent such type of partnership. In other forms of partnerships, there is no specific requirement of entering into a written agreement but in incorporated limited partnerships one need to obtain an agreement in writing. Also, the rules and plans decided to carry on the specific business needs to be mentioned in the agreement. The share of profit details along with the liabilities and functioning after dissolution must be mentioned. Also, the partners who enter on the basis of limited liabilities are not considered liable for the amount outstanding by the partnership. Such projects are undertaken in order to help other people facing a risky situation without taking any burden on themselves. Sections 50 to 67 of the Partnership Act, 1958 defines the limited partnerships which is suitable for Polat and the Winery. According to section 54 of the Act, one must lodge his application for registering under the Limited Partnership with the Commissioner by obtaining signatures of every partner whether current or proposed. Details such as name, address, relationship if any, capital contributed and other required information are to be provided in the form approved by the Commissioner. As per Section 58 of the said Act, a certificate of registration is provided by the Commissioner which states that the partnership formed is legal and lawful in all aspects. The formed organisation takes its place in the register which is the main evidence regarding such formation. The Liability of such Limited partner is restricted to the amount contributed by such partners. A Limited partner is not allowed to participate in the functioning of the business unless mentioned in the agreement. A limited partner is not regarded as a contributory to such business merely because of the following situations: When the limited partner is an employee, officer or a contractor of the general partner. When the partner just provide advices on behalf of the business and its general partners in a professional capacity or activities dealing with the partnership. Thus, Dilara and Aysha shall concentrate on the formation of a limited partnership to decrease their risk and increase the growth of their business. 2. Corporate Governance has become a major focus of all people after the great collapses such as Enron, WorldCom, and other highly qualified organizations across the globe. After, the increase in the bias towards the major shareholders and relatives there is a major need of the corporate governance. The board of directors is required to manage the company with significant responsibilities and duties. There has always been a variance in the interests of the directors and managers and thus to protect the interests of the shareholders and company there has been an introduction of corporate governance. A Non-executive member has full rights to exercise his independence, and he is considered to be a guarantee towards the accountability and permanence of the company. Such member keeps a check on the actions of the executive members of the enterprise and helps identify the opportunities which would prove to be a significant benefit towards the company. In the Listed companies of Australia, it was found that there would be a major reduction in fraud if the members exercise independence. The fraud will disappear if no duality in the position of the board and its members exist. The population of the independent or non-executive directors should form a major part of any organization. HIH Insurance and OneTel were among the major collapses and gave rise to Corporate Law Economic Reform Program which was related to the disclosures and reforms in the audit. The Australian Stock Exchange also adopted the International Financial Reporting Standards along with the formation of a Corporate Governance Council. Australia wanted to reinstate the public confidence by adopting ten major principles of Corporate Governance and performance. The Australian Stock Exchange recommends the nonexecutive directors to be independent in every -decision making process and not to be employed or to be a principal shareholder of the Company. The conflicts such as relations with the society could lead to the non-exercise of the independence along with depriving themselves of the duties and responsibilities required to maintain the corporate governance which is known as the resume independence. In this case, Leo is a non-executive director and is not a substantial shareholder as he holds only two shares in Thomas The Tank Engine Pty Ltd. He has the right to sustain his independence and guide the company in following the corporate governance procedures and principles. He has full powers to act against any illegal activities undertaken by the Board or executive members. Leo has been facing improper behaviour from the executive directors of Thomas The Tank Engine Pty Ltd in the form of: Not receiving dividends even if the revenue of the company increased 300%. A large pay raise and bonus have been voted by both directors Ruby and Amanda. They have arranged for a lease of two expensive cars which would be for their fashionable use. When Leo turned up against the above misbehaviour, he was decided to be removed, and after a meeting of members, he was removed from the board. The above is an act of proper misconduct by Ruby and Amanda as the non-executive member; Leo was just exercising his independent behaviour as per the Act of Corporate Governance. Leo being a non-executive member has full rights of knowing about the company so as to take part in the continuous development and meeting the needs strategically on a daily basis. Leo is required to: Exercise his independent capabilities in an efficient manner. Challenge the propositions of the executive members. Set and amend continuously, the goals and objectives strategically. Make sure that risk management and internal controls are implemented in a proper and efficient manner. Consider the plans of management in forecasting the future. Leo has full rights to: Participate and contribute to the interests of the company. Receive all the notice of Board meetings and papers containing additional information if any. Stand by the independent decisions and if any disagreement or wrong doings occur, can resign. Ensure that there is an active risk management control so as to face any risks encountered. Ensure avoidance of wrongful activities being undertaken inside the organization. Receive notice before being terminated by the company. The notice must be not less than three months and if necessary can be terminated without any notice. In the given case, Leo had been maintaining his due diligence and was not wrong in expressing his free view. According to the responsibilities mentioned under the act of corporate governance, a member has to monitor the illegal activities occurring within the company. Such member cannot be disqualified on the grounds of forwarding an independent view. Leo was correct in mentioning the issues faced such as the non-payment of dividends, high pay and the bonus of Ruby and Amanda, lease of expensive cars for personal use. He cannot be removed and can take appropriate action against the step undertaken by Ruby and Amanda. He requires proper notice of minimum three months along with the suitable reason of removal. 3. The Australian Corporation Act (ACA) has incorporated Section 180 which contains rules and regulations related to the duties and responsibilities to be discharged by the directors. It also includes the defense mechanism framed for the directors who acts in a careful manner but somehow skips his duty unintentionally. Subsection 1 to 180 of the ACA monitors the functions and responsibilities carried on by the directors. It expects a director to perform his duties in a manner expected from a rational man under the same circumstances. No specific requirement for consideration to education and background is mentioned in the subsection. Subsection 2 to 180 of the ACA offers a defense to the directors who unknowingly avoided certain duties as per the necessities of the Act. He can get protection of this section and avoid liability for breach of duties only under the following situations: He exercised his opinions and obligations in good faith and for suitable reasons. He had no substantial interest in the decision making which would have benefitted him personally. He had passed on his decisions to all other directors of the Company. His rational mind gave him permission to move ahead with the decisions which according to him would prove to be the best for the Company. Also, the Section 190 (2) contains matters wherein a director will not be held responsible for any acts if he has delegated the powers to another person only when the act is done in real belief, the grounds were logical, and a proper inquiry was carried on by such director. A court is granted power of providing relief to directors from civil liabilities under sections 1317S and 1318 only under appropriate circumstances. He had a belief that the company was not insolvent. He lacked participation in the management of company even after being an independent director. The Corporate Affairs Commission imposes a penalty of $200,000 on the breach of civil duties, and further criminal actions can be undertaken if required by the Commission. Such action is framed under the section 26 (2) of the Corporate Affairs Commission. Under the section 588(H) of the ACA, a director can get a safeguard against a breach of duty which resulted from the following mentioned under the section 588 (G): Insolvency already appeared or arose after the introduction of the director to the company. There was an existence of suspected grounds of an insolvency of the company. There was a failure on the part of the director to prevent such insolvency of the company. In the given case, there has been a discrepancy on the part of the directors with respect to the preparation and maintenance of the financial statements. The statements showed a profit instead of loss which occurred due to substantial investments in loss-making projects. Erol, the non-executive member, had failed in giving an accurate and fair view of the financial conditions of the company which was a breach regarding the Corporations Act and ACA. The management did not consider it necessary to go through and discuss the financial statements which proved to be a breach of duties required by the directors. The negligence of such directors leads to violation of duties and responsibilities as per the statutes. It was held in the recent case of Australian Securities and Investments Commission v Rich that even a non-executive director had the full responsibility towards the corporation and he should be accountable for any breach conducted without his due diligence. Hence, Kurt was also responsible for the violation carried out in respect of the financial misstatements. Erol being the executive director and also the Chief Financial Officer of TACH Ltd had major responsibilities of Keeping and maintaining the updated financial records containing all its transactions and helps explain the position and performance of the organization and presentation of a true and fair view of the financial statements. In this case, the directors did not intend to gain any personal interest. There was a lack of due diligence but not any deceitful purpose behind misstating the financial records. There was improper functioning of their managerial duties and capabilities as they overlook an important matter which led to a breach. The decision was made in a hurry, and due to time constraint, there was a skip of certain important issues, the main being considering the massive losses as profits. Thus, the director ignored the importance of section 180 (2) of the act by not acting in a careful manner. In the above mentioned case, ASIC v Rich, it explained that the delegated director was responsible, but the person who entrusted will be equally responsible as he did not take any steps to inquire into the final decision making. Time constraint is not at all acceptable; one has to follow the statute liabilities in a complete manner. Erol must have prepared and checked well whether why profit is being shown when there is a substantial incurrence of losses. Also, Vanessa, the managing director, could not take refuge under the section 190 stated above as she had not cross-checked the statements with the actual amounts. TACH Ltd. faced insolvency but still there was a fair chance for the director to get defended by the section 588 (H). Thus, there was a breach of duty and responsibilities on the part of every director be it Vanessa, Kurt or Erol. They must have considered the importance of providing the fair and correct position of a Company. Part B An audit is an opinion expressed in the financial report prepared by applying the required auditing standards and framework. The auditors judgment is helpful in increasing the reliability of the report drawn up, but they cannot assure the users about its effectiveness and efficiency of the affairs conducted by the management. CPA Australia and the Institute of Chartered Accountants in Australia require an auditor to comply with the following responsibilities: Keeping an independent viewpoint Maintaining confidentiality, integrity, and objectivity Maintaining professional proficiency and competency i.e. professional skepticism Taking due care and diligence Maintaining methodological standards An auditor has to be accountable and liable to all users of the financial statements be it externally such as the stakeholders and third parties who place their reliance on such statements. The users are mostly provided with the independent opinions and interested parties such as shareholders rely upon taking important investment decisions such as the acquisition of shares or other assets. Even the financial institution relies upon so as to gain knowledge for approval of loans and other credit rating facilities. The client will have to prove the negligence and that actual loss has been incurred by the auditors incompetency to perform the desired work. The auditor can be held responsible for the client, and they are judged by standards which mention the duties and skills required by the auditor to achieve its objectives. An auditor is held liable on the occurrence of the following: A recognized contractual relationship takes place The negligence of an auditor is recognized and proved There is an establishment of loss by a third party The cases where there is no formal relation and contract but still due care is to be exercised in the following cases: When the trade creditors become unsuccessful in recovering their debts outstanding on the occasion of the debtor company facing liquidation When the Bankers have provided the same with loans or facilities of overdraft When the debenture or shareholders hold stocks or debentures in the company The Investors who purchase share or company can get their investment washed off on the discovery of material incorrectness in the accounts of the company. A third party must prove the following to be successful in negligence against an auditor: There is an existence of a duty of care and responsibility. The auditor must have known that the financial statements would be followed and relied upon by the third party. The third party falls under a category of material concern and such criterion is termed as proximity. The damage faced by the third party is due to the preparation of the negligent financial statements, and the third party has proved that the same would have reduced if there was no reliance on such statements. The Third party must have the proof that there would be an entirely different action undertaken by him on the occasion of non-reliance of such false account statements. He should prove that he forcibly believed in the declarations and accounts to be an accurate and fair one. There are two major theories faced by the Third Parties in Australia which are explained below: Theory of Expectation Gap: In cases of corporate failures, the third parties have a tendency of blaming the auditors for the failures which resulted from the ignorance of management and directors. The major responsibility lies with the management and not auditors. Auditors are not bloodhounds, they are watch dogs. The auditors are not at fault in cases where the management has not considered responsibility to provide the auditors with the accurate and real data and other business details which prove to be material. Theory of Deep Pockets: When the third parties search for a solvent party to recover their losses, they target the auditors. Even if the auditors are not capable of provided the desired recovery, the third parties tend to blame and go against the auditors for the failures to recover the amount. They target the auditors because the company cannot guarantee anything except a very minute benefit.