Dissertations / Theses on the topic 'Canada – Law and legislation'
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1
Ruhl, Mary Louise. "The case for a second look at Canadian bank insolvency legislation." Thesis, University of British Columbia, 1985. http://hdl.handle.net/2429/26146.
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This thesis is an analysis of the bank insolvency process in Canada. The phenomenon of bank bailouts is examined and three possible rationale for bailouts are put forth. The conclusion is reached that bank bailouts can be justified on the basis of these rationale, and, therefore, that bank insolvency legislation should recognize the bailout process and provide an adequate and appropriate framework for this process. Three recent bank failures, Canadian Commercial Bank, Northland Bank and the Bank of British Columbia, are discussed, with particular emphasis on the different bailout tools used by the government in each case. These case studies are used as a framework within which to assess current Canadian bank insolvency legislation. The conclusion is reached that the legislative framework is inadequate to deal effectively with bank insolvency.
By examining the American approach to bank insolvency and two recent Canadian studies on the subject, a model for reform is proposed. The model contemplates a more highly-structured legislative framework, with broad powers granted to the deposit insurer to implement a bailout in circumstances which justify this form of government intervention. Finally, this model is used as a basis on which to evaluate recent financial sector reform initiatives made by the federal government.Law, Peter A. Allard School of
Graduate
2
Hughes, Elaine Lois. "The development of ocean incineration law in Canada." Thesis, University of British Columbia, 1988. http://hdl.handle.net/2429/27765.
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The present study is designed to examine the structure and development of international and Canadian laws which attempt to regulate the ocean disposal of toxic waste by at-sea incineration. It begins by describing some of the hazardous wastes which are creating dangerous environmental problems in Canada and other nations, by introducing the reader to the types of toxic materials subject to incineration and dumping at sea, and to the nature of the hazards these materials create. With this background in mind, the historical development of ocean dumping laws is then described, beginning with the major international treaties that presently regulate dumping activities. The Canadian laws, which emerged in order to implement the international treaty obligations, are then examined, together with an outline of how these laws are actually administered in the Canadian constitutional and political context.
Emerging political strategies to improve the management and disposal of toxic waste are examined, including the increased use of incineration technology. The actual use and legal regulation of ocean incineration is then described, in an attempt to determine whether this type of ocean disposal is a useful and controllable waste management option. Current Canadian policy and legal proposals on ocean incineration are examined in light of ongoing international controversy over the advisability of its use as a waste management strategy. The study examines several jurisdictional, economic, scientific, and political problems which, in the Canadian context, cast doubt upon the ability of government to obtain either public acceptance of ocean incineration, or adequate legal control over at-sea incineration operations. In particular, the relevant legal, political and administrative decision-making processes are reviewed, to identify areas in which improvements are needed.
It is concluded that government should move away from incremental law and policy formation, and start to experiment with new forms of decision-making processes, in order to deal with such complex and difficult issues. It is recommended that the government seek to respond in new and innovative ways to these problems. Resolving the question of the desirability of ocean incineration is seen as a possible "pilot project" to test the ability of Canadian legal and political institutions to meet the future challenges posed by such environmental issues.
The policies and legislation discussed in the study are reported as of June 30, 1988.Law, Peter A. Allard School of
Graduate
3
Wang, Gang 1958 Sept 13. "Foreign direct investment laws of China and Canada." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33062.
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FDI plays an important role in economic life. It is arguably an even more significant driving force behind economic growth than trade in goods and services nowadays.China and Canada are both important FDI absorbers, but their FDI laws display various characteristics due to their different economic bases, political structures and legal systems etc. In order to guide FDI practice in the two countries and to draw on Canada's experience for China's FDI law, this thesis mainly introduces the FDI policies of China and Canada, analyzes the FDI law systems of the two countries, and expounds their general regulations on FDI.
4
Babin, Dominique. "The Canadian pharmaceutical patent regime in the world trading system /." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=29957.
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In 1994, the members of the World Trade Organisation (WTO) adopted the Agreement on Trade-Related Aspects of Intellectual Property (the "TRIPs Agreement") and thus committed themselves to respect certain standards for intellectual property protection. This thesis studies the scope of the standards for patent protection and their impact upon trade in medicines. The first part addresses the international dimension of the issue and explains how international trade in medicines can contribute to enhancing the level of global welfare. The first chapter argues that in order to fulfil this latter objective legislation relating to patents must be adapted to the economic and social situation of countries. The second chapter demonstrates that such adaptation is not only allowed, but is indeed encouraged by the provisions of the TRIPS Agreement. The second part of this thesis addresses the issue from a Canadian perspective, and discusses the way Canadian patent provisions applying to pharmaceuticals should be drafted so as to allow Canada to participate in---and to benefit from---international trade in medicines. Thus, I first analyse the factual, political, and legislative factors that influence the Canadian pharmaceutical industry. I then study the role of Canada as part of the integrated market for medicines, as well as the social, industrial and economic objectives underlying Canadian policies. I finally propose some modifications and adaptations to the Canadian Patent Act and suggest some orientations for future multilateral negotiations.
5
Manjikian, Sevak. "Islamic Law in Canada: Marriage and Divorce." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=102836.
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Islamic Law in Canada: Marriage and Divorce provides an analysis of how Canadian society and the Canadian judicial system have responded to the use of the Shari'a to resolve issues relating to Islamic marriage and divorce in Canada. This dissertation explores two instances where Canadian society has been forced to address the role of the Shari'a in Canada and its interaction with Canadian laws and values. The first involves the debate that took place in Ontario over the last decade concerning the use of Islamic arbitration in family matters. This public debate ultimately led to the rejection of faith-based arbitration in that province, a decision apparently consistent with traditional Canadian attitudes towards multiculturalism. The second area of interaction between Canadian and Islamic law is within the Canadian court system itself. In particular, Canadian judges are occasionally required to grapple with Islamic family law issues when rendering judgments on certain cases that appear before them. This dissertation will examine a number of such cases in order to illustrate how the Shari'a has been addressed by Canadian judges. The overall aim of this work is to situate Islamic law within Canada's liberal framework. It is argued that although Canadians are amenable to certain levels of diversity, values that fall outside mainstream liberalism are not granted recognition. This dissertation will also demonstrate that the failure to legitimize Islamic arbitration represents a lost opportunity that would have broadened the scope of Canadian justice to include minority voices. The decision to reject faith-based arbitration will motivate some Muslims to seek justice from ad-hoc bodies of authority. Devoid of government oversight, these forms of underground Islamic justice may negatively affect certain members of Canada's Muslim community.
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Sallée, Clémentine. "Reflection on the legal status on sterilization in contemporary Canada." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=29564.
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In light of its past eugenic use, and its often irreversible nature, non-therapeutic sterilization, the result of which is to deprive an individual of his/her capacity to procreate, has always enjoyed a particular status and its use and legal status engendered debate, discussion and controversy.The purpose of this dissertation is to determine under which conditions non-therapeutic sterilization can lawfully be performed under Canadian law.
Whereas the legality of non-therapeutic sterilization when voluntarily consented to by a competent individual is today established in all Canadian provinces, it appears that Quebec is the only province to allow non-therapeutic sterilization to be performed on an individual lacking through age and/or disability the necessary capacity to consent, common law provinces denying any beneficial aspects to the procedure. The law on involuntary non-therapeutic sterilization however lacks clarity, certainty and consistency, a legislative reform is therefore advocated.
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Stoddard, Damon. "A new Canadian intellectual property right : the protection of data submitted for marketing approval of pharmaceutical drugs." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101828.
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In order to market and sell a new pharmaceutical drug in Canada, the Minister of Health requires the initial applicant to submit clinical test results demonstrating that the drug is safe and effective for human use. Subsequent applicants, who typically lack the resources to conduct expensive clinical trials, must refer to and rely upon the initial applicant's data in their applications to market a generic version of the drug.On June 17, 2006, the federal government of Canada published a proposed data protection regulation, which would provide an initial applicant with eight years of protection for clinical test results submitted in a new drug submission. This protection would lead to an eight year period of market exclusivity for the drug associated with the clinical test data, regardless of whether that drug was protected by a Canadian patent.
In this thesis, the author first describes what data protection is on a practical level, and distinguishes data protection from other forms of intellectual property rights. Next, the author discusses how various jurisdictions choose to protect clinical test data submitted to their health authorities. Canada's international obligations pursuant to the NAFTA and the TRIPS Agreement are also examined. In this regard, the author argues that Canada is under no obligation to provide initial applicants with eight years of data protection. Furthermore, the author argues that exclusive time-limited property rights in clinical test data are difficult to justify from a theoretical perspective. Finally, the author prescribes certain legislative changes to Canada's proposed data protection regulation.
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Bryans, Victoria Louise. "Canadian provincial and territorial archival legislation : a case study of the disjunction between theory and law." Thesis, University of British Columbia, 1989. http://hdl.handle.net/2429/28704.
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This thesis is an inquiry into the nature of current provincial and territorial archival legislation in Canada. It provides an analysis of archival legislation as a form of written communication and argues that the legislation suffers from the same deficiencies inherent in other forms of communication as a result of external social influences on its meaning. Chapter one therefore traces the evolution of the legislation from 1790 to the present and shows how the meaning of current legislative texts emerged neither from objective legal considerations nor archival theory, but as an ad hoc response to a variety of social influences. The remaining chapters are based on a detailed content analysis of the three main components of current provincial and territorial archival legislation: provisions establishing definitions of key terms, provisions establishing the scope and authority of administrative structures for archival programmes and provisions establishing programme elements. They elaborate on the argument advanced in chapter one that the social production of meaning, arising from the manner in which current provincial and territorial archival legislation has developed, adversely affects its ability to promote the preservation of documents in two ways. First, this process
of development has meant that wording in legislative texts carries overtones of outdated attitudes and assumptions about archives. Second, it has led to inconsistency, conflict, vagueness and ambiguity in the meaning of the texts. These chapters also put forth prescriptive ideas regarding how the adverse affects of social influences on the meaning of current provincial and territorial archival legislation might be overcome.Arts, Faculty of
Library, Archival and Information Studies (SLAIS), School of
Graduate
9
Dinovitzer, Ronit. "Sentencing sexual assault : a study of mitigation and aggravation." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22580.
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In an effort to establish a clearer understanding of the sentencing of sexual assault offenders, this study analyzes data generated from a content analysis of sexual assault cases, using feminist theory as a backdrop for the analysis. The sample consists of ninety-seven sexual assault cases from across Canada for the period of August 15, 1992 through August 15, 1993. Using a statistical analysis, the data were analyzed for evidence of whether certain factors aggravated or mitigated sentence length. The findings indicate that factors not affecting sentence length include breach of trust, sex of the judge, sex of the complainant, plea and show of remorse. Factors that work to mitigate sentence length include the youth or old age of an offender. Finally, variables that, when present, aggravate an offender's sentence length are prior offences, force, sexual intercourse and psychiatric considerations. These findings indicate that while there has been some response to feminist concerns regarding criminal justice processing of sexual assault, some of the myths that have been traditionally associated with its victims and offenders are still influencing the judiciary.
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Dlamini, David Vusi. "A comparative study of employment discrimination in South Africa and Canada." Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/330.
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South Africa and Canada have emerged from a history fraught of inequalities, which were characterised by segregationist practices. Such inequalities have served as an epitome of discrimination taking place in the society and the workplace in both countries. Both South Africa and Canada had their discrimination affecting black peoples (Africans, Indians and Coloureds) and Aboriginal peoples (Indians, Inuits or Métis) respectively, women and people with disabilities. In both countries discrimination has polarised society. It is against this backdrop that both countries have attempted to eliminate unfair discrimination through the promulgation of relevant legislation that seeks to, inter alia, provide the regulatory framework in respect of employment discrimination. With the foregoing in mind, the purpose of this work is the provision of a selection of comparable aspects of employment discrimination in Canada and South Africa. This selection comprises discrimination on the basis of race, gender, sex, pregnancy, age and HIV/AIDS. The study uses, as its departure point, both countries’ constitutional framework to elicit the extent to which protection against unfair discrimination is extended to the workforce. Apart from looking at the constitutional provisions towards the elimination of unfair discrimination, reference is made to specific employment statutory provisions in order to provide a comprehensive and explicit picture of how workplace discrimination in both countries is regulated. The study focuses on substantive law from both countries about the above -mentioned aspects of discrimination. This is informed by the very nature and scope of the study because any concentration on procedural and evidentiary aspects of discrimination could lead to failure to achieve the objectives of the study. It also looks at specific Canadian and South African case law, judgments of the courts and jurisprudence in the field of employment discrimination in order that the reader is presented with a clearer picture of recent developments in addressing workplace inequalities.
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Forget, Patrick. "Analyse des limites juridiques à la liberté de manifester pacifiquement au Canada." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80920.
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This thesis examines critically the most important restrictions placed on the right to peaceful demonstration in Canada. Protected by the Canadian Charter of Rights and Freedoms as a matter of constitutional law, the right is limited by a network of civil and penal sanctions in such a way that, in practice, its exercise is considerably restricted. Firstly, the protection afforded to owners of land under the law of property excludes all peaceful demonstration on private property without permission of the owner. Tossed as it is into the street and onto the sidewalks, the activity may also be seen to disturb other interests protected by law in the public domain. It is not infrequent that injunctions are brought against peaceful demonstrations on the grounds that they disrupt public order, that they harm the economic interests of private parties, or that they are the occasion for mischief or damage to property. In addition to the limits that originate in the law of civil liability, peaceful demonstration is restricted by criminal law, in particular the prohibition against unlawful assemblies, which permits the police to exercise a control over a demonstration and to intervene in order to prevent anticipated outbursts. The rules relating to the infraction of unlawful assembly allow the authorities to disperse the demonstrators at the first sign of tension in what amounts to a willful confusion, by the legislature, between acts of protest and acts of violence. Overall, the scope of this network of civil and penal sanctions is such as to suggest that the right to peaceful demonstration is something of a false promise.
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O'Byrne, Nicole Colleen. "The answer to the 'Natural Resources Question' : a historical analysis of the Natural Resources Transfer Agreements." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99147.
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Seventy-five years ago the provincial governments of Manitoba, Saskatchewan, and Alberta signed a series of Natural Resources Transfer Agreements (NRTAs) with the federal government. These agreements provided the answer to a contentious debate known as the 'Natural Resources Question'. Before the NRTAs, the three prairie provinces did not have control over their public domain lands and did not share equal constitutional status with the other Canadian provinces. In the early 1920s, Prime Minister King recognized the validity of the provincial arguments for constitutional equality and no longer wanted the federal government to be responsible for the administration of provincial natural resources. By this time, the policy ambitions which had previously justified the retention of the natural resources had been fulfilled. Thus, the constitutional rights arguments presented by the prairie provinces found a receptive audience when the control of the lands and resources were no longer a federal priority.
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Takizawa, Ayumi. "Workers' compensation facing current issues : comparative analysis between Japan and Canada." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82671.
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Karoshi, or death from overwork, is a tragic modern work event. Continuous occurrence of karoshi in Japan offers an opportunity to reconsider the contemporary working environment, and especially the workers' compensation system. Strongly bound by the traditional notion of work accident, the Japanese workers' compensation system has shown difficulty handling karoshi cases. This fact calls into question the adequacy of the current workers' compensation scheme in the work environment it is meant to oversee. To analyze the issue, this thesis will use a comparative law method. The basis of comparison will be Ontario, Canada, which shares a system similar to Japan's, but does not produce karoshi cases. Particular emphasis will be put on stress claims and claims from women, since both share some similarities with karoshi claims. The findings from this comparison will offer a valuable basis for discussion of the current and the future of workers' compensation and other protection systems in Japan.
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Petroiu, Marius. "Forms of trade secret protection : a comparative analysis of the United States, Canada, the European Union and Romania." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99150.
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This thesis is as an attempt to overview the forms of trade secret protection presently in place in the United States, Canada, the European Union and Romania. These jurisdictions were selected because they present a diversity of legal background and a variety of forms of trade secret protection.The introductory chapter deals with the historical and economic backgrounds of the trade secret protection. An overview of trade secret protection at international scale is also provided. The thesis compares the forms of trade secret protection available in each jurisdiction. Based on the survey, the thesis comes to an answer of the question of "What is the most appropriate form of trade secrets protection?".
The final chapter provides a number of conclusions and recommendations.
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Buckingham, Donald E. "Feeling the squeeze National food labelling legislation in a WTO World: Case studies from France, Canada and Ghana." Thesis, University of Ottawa (Canada), 2005. http://hdl.handle.net/10393/29202.
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Legal regulation shapes the form and content of food labels. Whether in developed or developing countries, national laws outline obligations for labelling that reflect a combination of safety, commercial, and proprietary objectives based on a country's unique circumstances. This dissertation mines one particular dimension of the interplay between national and international law. While focusing on the narrow issue of food labelling legislation, it canvasses the national and international obligations affecting food labels that arise from intellectual property law, trade regulation and consumer protection.
National food labelling regimes share some similar legislative provisions. French, Canadian, and Ghanaian law all recognize three categories of food labelling elements for pre-packaged foods: (1) mandatory labelling elements; (2) prohibited elements; and (3) reserved elements. As well, failure to comply with food labelling laws can result in criminal or civil liability, although implementation varies from country to country, with "food-centred" cultures more apt to vigorously enforce food labelling laws.
Yet, it not simply national law that dictates the final form of food labels. International legal obligations increasingly play a pivotal role. While early international agreements were driven by States' desires to harmonize certain commercial and intellectual property laws, a shift occurred with the GATT 1947. This Agreement did not look to harmonize private law regimes amongst trading partners, but rather it set out general obligations that prohibited certain national measures which inhibited trade. The pendulum has swung even further with the establishment of the WTO. National governments, in light of their WTO obligations, must now (a) undertake positive law reform; (b) make national measures WTO-compatible; and (c) submit to compulsory trade dispute resolution, all of which can affect national food labelling laws.
Clear international obligations established to address commercial or health concerns permit States to maintain national measures while still pursuing trade liberalization. However, international obligations applied to discipline national measures like the marking of food quality and the provision of new consumer information tread on national cultural sensitivities. Until further consensus evolves concerning how international obligations should be applied to such national food labelling measures, significant conflicts between national and international obligations will continue.
16
Dufresne, Yves. "La Réglementation économique du transport aérien intérieur au Canada : aspects juridiques et politiques." Thesis, McGill University, 1985. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=63209.
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Garcia, Natanya. "Anti-circumvention technology legislation in Canada : drafting a new law in the wake of the DMCA." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=19625.
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In becoming a signatory to the World Intellectual Property Organization (WIPO) Treaties, Canada has undertaken the obligation to provide protection against the circumvention of technological measures designed to protect copyright works. While on its face the obligation appears simple, in reality it brings about an intersection of policy, law and technology; a complex situation with far reaching repercussions. The U.S., a co-signatory to the WIPO Treaties, responded to this tension by enacting the Digital Milennium Copyright Act (DMCA), which heavily regulated circumvention technology and garnered wide-spread criticism. Critics labeled the law as unpredictable and overbroad legislation, which has chilled free speech, violated fair use, stifled research and study and encouraged monopolies by eliminating competition. Drawing largely on the U.S. experience, this thesis aims to suggest a possible route for Canada to take when fulfilling its own obligations under the WIPO. It will begin with a review of the relevant provisions of the Treaties to determine the extent of Canada's obligation. It will then examine Canada's proposal papers and the responses of its citizens to the questioned posed regarding future anti-circumvention legislation. It will also examine the DMCA in detail and attempt to distil its flaws. Finally, it will investigate the extent of the need for new anti-circumvention legislation in Canada by examining Canada's existing laws dealing with the protection of technology measures. Such process will provide evidence that Canada has, to a large extent, complied with its obligations under the WIPO while maintaining the delicate balance between the stakeholders of copyright law. Thus while new anti-circumvention legislation may still be in order, Canada has the latitude to craft a law that fully recognizes the rights of all stakeholders in the copyright equation and is consistent with its own copyright policies.
18
Georgescu, Ana-Luiza. "Certain tax aspects of corporate divisive reorganizations in Canada and the UK." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81470.
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A divisive reorganization involves a series of transactions having as effect and purpose the division of the trading activities carried on by a single company or group of companies between two or more companies or groups of companies. This can be achieved by a sale of assets or by a transfer of shares belonging to the corporation to be divided, which would generally give rise to taxable capital gains.The thesis analyzes the tax implications of these two approaches, with particular focus on the latter, attempting a comparative view over the UK and Canadian relevant provisions. The two substantive chapters present the UK and, respectively, Canadian rules governing the treatment of disposal of corporate assets and shares, the available reliefs from capital gains taxation, as well as the special requirements for achieving tax-free demergers. Conclusions are aimed at suggesting a more simplified approach for Canadian divisive reorganizations, with a greater degree of codification.
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Chan, Kathryn. "Taxing charities, imposer les organismes de bienfaisance : harmonization and dissonance in Canadian charity law." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99555.
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For many years, the determination of which organizations should qualify for the significant tax benefits accorded to "registered charities" ( "organismes de bienfaisance enregistres") under the Canadian Income Tax Act has been based, in all provinces, on the concept of charity developed by the English common law of charitable trusts. However, there are other sources of meaning for the concept of "charity" ( "bienfaisance") in Canada, including ancient, civil law sources that continue to form part of the basic law of Quebec.This study challenges the longstanding, unijural approach to the registered charity provisions on the basis of the constitutional division of powers, and the federal government's commitment to respecting bijuralism and bilingualism in its legislative texts. It explores the diverse, legal sources concerning charity and the devotion of property to the public good that form part of the law of property and civil rights in the provinces. Finally, it examines how these diverse provincial sources might affect the current approach to the registered charity provisions, and the project of ensuring that federal laws are accessible to each of Canada's Francophone civil law, Francophone common law, Anglophone civil law and Anglophone common law audiences.
20
Black, Alexander Joseph. "Canadian natural gas deregulation." Thesis, University of British Columbia, 1988. http://hdl.handle.net/2429/27762.
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Canadian natural gas deregulation has terminated government price setting in favour of prices determined by market forces. However, the transportation of the commodity remains regulated due to the monopolistic nature of the distribution system and the Canadian economies of scale which preclude business rivalry. This paper attempts to discern whether the transition to a new regime is following the legal principles underlying public utility regulation.
Promotion of the public interest is therefore a pervasive theme of this paper. While regulatory law allows certain forms of discrimination in the setting of rates and the provision of services, it prohibits undue or unjust
discrimination. The thesis proposed herein focuses on regulatory theory and the possibility that incidents of undue discrimination may have been exacerbated by the deregulation process.
The examination begins with a review of the discrimination provisions of section 92A of the Constitution Act 1867, the so-called "Resource Amendment". More attention is directed to public utilities theory given its compelling application to the natural gas industry. Deregulation is then discussed including an analysis of "direct sale" contracts involving the commodity as well as the "bypass" of the local pipeline distribution systems. Some conclusions are then made concerning competition and changing commercial conditions. Grave doubts are voiced as to whether the National Energy Board is properly applying the principles of public utility regulation during the transition to a more market oriented natural gas environment. One important conclusion is that direct sale contracts should be encouraged in the core market as well as in the industrial market by the National Energy Board in order to promote upstream competition among gas producers in the public interest. Finally, it is hoped that these doubts will be resolved by the Board in its new (RH-1-88) public hearing which will address issues related to deregulation, including direct sales and the ancillary self-displacement and operating demand volume (ODV) methodology.Law, Peter A. Allard School of
Graduate
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Yuan, Xiaotong 1979. "Copyright protection to musical works in cyberspace." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82675.
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The objective of this thesis is to demonstrate, through analysis of the current Canadian Copyright Act and related cases, how the rapid development of Internet technology has challenged the legal protection of musical works under Canadian copyright legislation and jurisprudence. Canadian government and courts have begun contemplating these issues and attempted to formulate constitutional reform policies and effective measures for Canada. These initiatives related to copyright protection of musical works reflect a sophisticated analysis of each participant involved in music transmission through the Internet and are unique in this way. More flexible business mechanisms may contribute towards the achievement of a delicate balance between all the parties involved under the copyright umbrella.
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Arès, Sébastien. "Le couplage de données et la protection de la vie privée informationnelle sous l'article 8 de la Charte canadienne /." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82651.
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Data matching is the automated process permitting the comparison of significant amounts of personal data from two or more different databanks in order to produce new information. Its use by governments implicates many rights and freedoms, including the protection against unreasonable search and seizure under section 8 of the Canadian Charter.In the author's opinion, a governmental data matching program will probably constitute a search or seizure under section 8 when a positive answer is given to two questions. First, is there a use or transfer of information which implicates constitutionally protected information? Generally, section 8 will only protect biographical personal information, as described in the Plant case. Second, one must determine if a reasonable expectation of privacy exists as to the purpose for which the information will be used. In other words, one must determine if the two governmental databanks are separate on the constitutional level.
However, a positive answer to both of theses questions does not mean that the matching program necessarily infringes section 8. It will not be considered unreasonable if it is authorised by law, if the law itself is reasonable, and if the execution of the program is reasonable. Presuming that the program is authorised by law, it is probable that a matching program aimed to detect individuals collecting illegally social benefits will not be considered unreasonable.
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Mamashela, Ntsoaki Lydia. "A comparison of the implementation of equal pay for work of equal value with Canadian law." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/18332.
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The consolidation of 22 years of democracy and 20 years of the Constitution of the Republic of South Africa entrenched the need to eradicate social and economic inequalities, particularly those that stem from our history of colonialism, apartheid and patriarchy, which brought pain and suffering to the great majority of our people, in particular Black people. Therefore, the passing of the Constitution of the Republic of South Africa (Constitution)1 20 years ago, marked a turning point in our history by giving expression firstly, to the Freedom Charter and secondly, by upholding the values of human dignity, equality, freedom and social justice in a united, non-racial and nonsexist society where every South African may flourish. However, despite the fact that the Bill of Rights in the Constitution provides that everyone is equal before the law and that equality includes the full and equal enjoyment of all rights and freedom, discriminatory practices, in particular, pay inequalities, are still rife in our country. It is against this backdrop that the historical background of the employment discrimination law in South Africa, which over a period of time, contributed significantly to the high levels of inequalities in pay experienced by the previously disadvantaged groups, such as Black people, women and people with disabilities becomes critical. This aspect points to the importance of understanding the context within which the principle of “Equal Pay for Work of Equal Value” has been and should be implemented in South Africa compared to Canada. Therefore, drawing from the review of the legislation and the implementation processes of the principle of equal pay for work of equal value, the following best practices/ lessons learned were identified: 108 of 1996. The Canadian Ontario Pay Equity Act states that the value of job classes be based on factors such as skill, effort, responsibility and working conditions. This Act also requires the employer to take proactive steps to institute a jobevaluation scheme, and the participation of the social partners and the affected workers is crucial. It is submitted that there are similarities in these requirements with those contained in the Employment Equity Regulations, 2014, which implies that the South African legislative framework draws on this best practice. The Ontario Employment Standards Act allows the comparison to be drawn with the establishment of the same employer in the same municipality, as well as with establishments to which a worker can be transferred. In this regard, it is observed that the new provisions on equal pay in section 6(4) of the Employment Equity Amendment Act, 2013, limits only the comparison with the employees of the “same employer” without elaborating further into the same municipality or with establishments to which a worker can be transferred. Under Ontario Pay Equity Act, even if there is no precise comparator in the establishment doing work of equal value, the employer must ensure that the worker’s pay is proportionate to others doing work of proportionate value. In the context of South African legislation, a comparison on the basis of proportionate value is not catered for. The meaning of “work of equal value” refers to the work that is the same (identical or interchangeable), substantially the same (sufficiently similar), or of equal value (accorded the same value) when compared to an appropriate comparator. In justifying equal pay, the Ontario statute provides that formal seniority systems and performance-related pay can justify unequal pay only if they do not discriminate on the grounds of gender. This is similar to the South African statute, in particular, regulation 7 of the Employment Equity Regulations, 2014, which include seniority and performance as some of the factors that may justify unequal pay only if they do not unfairly discriminate on one or combination of the listed grounds, and on any other arbitrary ground as prescribed by section 6(1) of the EEA as amended. As per the Ontario legislation, the employer cannot reduce the rate of remuneration in order to comply with the principle of equal pay for work of equal value. Similarly, in the South African legislation, in particular, regulation 7 of the Employment Equity Regulations, 2014, it prevents levelling down of pay in instances of demotions and in transfer of contracts (section 197 of the LRA). There is a requirement in terms of the Ontario Pay Equity Act, that employers must establish and maintain pay equity in their establishment in consultation with the bargaining agent (trade unions); and after the agreement, post a Pay Equity Plan in its workplace. In terms of South African legislation, the EEA does not have a requirement for a Pay Equity Plan, however, designated employers (those required to comply with Chapter III of the EEA) are required in terms of sections 19(1) and 20 of the EEA to conduct a review of their workplace policies, practices and procedures, inclusive of remuneration and benefits; and develop and implement affirmative-action measures to address any unfair discrimination practices by including these measures in their Employment Equity Plans. Furthermore, in terms of section 27 of the EEA, designated employers are then required to submit their annual Income Differential Statements to the Employment Conditions Commission (ECC) on the remuneration and benefits received in each occupational level of that employer’s workforce. In relation to dealing with pay-equity disputes, the Ontario Pay Equity Act, establishes a Pay Equity Commission, which consists of a Pay Equity Office, inclusive of Review Officers and the Hearings Tribunal that are mandated to specifically enforce the equal-pay-for-work-of-equal-value principle. Contrary, in South Africa, the legislation does not cater for the establishment of a Pay Equity Commission with exclusive mandate to deal with pay-equity cases. In this regard, the various courts and the CCMA which are mandated to deal with equal-pay disputes are also mandated to deal with other labour disputes emanating from other labour legislation, e.g. the LRA, BCEA, EEA, UIA, OHSA, COIDA, etc. The Review Officers in the Pay Equity Office in Ontario are mandated to monitor the implementation and maintenance of the Pay Equity Plans as per section 34 of the Pay Equity Act in Ontario. In South Africa, the EEA makes provision for DG Review process in terms of section 43, where the DG of Labour can subject any organization for a review to assess its compliance with the requirements of the EEA as whole, and not specifically to assess the implementation of the principle of equal pay for work of equal value. Notably, assessment of income differentials to promote equal pay may form part of the DG review process. In light of the above best practices / lessons learned, the following recommendations are made to inform the improvement plans of the implementation of the principle of equal pay for work of equal value in the South African labour market: Conducting of continuous advocacy campaigns to raise awareness and educate all stakeholders, i.e. employers, employees and trade unions on the principle of equal pay for work of equal value. Development of further policy guidelines in relation to equal pay consultations within the workplace between the employer and the employees, including where applicable registered trade unions. A policy directive on the “equal-pay consultation” will promote not only transparency around pay and benefit structures, but will encourage proactive measures from employers to develop pay/remuneration policies, including establishing remuneration committees; conducting job evaluations; implementing job-grading systems and performance-evaluation systems to promote the implementation of the principle of equal pay for work of equal value. 2 SS 115(4) and 158(1)(j) of 66 of 1995. Minimum wage-setting bodies should have the duty to apply the principle of equal pay for work of equal value in the setting of minimum wages. Collective bargaining structures such as bargaining councils should have a duty to apply and enforce the principle of equal pay for work of equal value in the wage-negotiation process and conclusion of collective agreements. Given the importance of collective bargaining in wage-setting in South Africa, there should be a duty on the social partners to include the principle of equal pay for work of equal value in all collective agreements. Industry-wide comparisons should be utilized, particularly in sectors in which collective bargaining operates at a sectoral level. Alternatively, the “Proxy” method as developed in Ontario, should be considered. Proportionate pay, as developed in Ontario, should be considered in cases where there is no comparator doing work of equal value, employed by the same employer. Possible legislative amendments to section 27 of the EEA to include a new provision, requiring employers to develop and implement a Pay Equity Plan outlining how they intend complying with the principle of equal pay for work of equal value. Then an annual progress report must be submitted to the Director General of Labour on how the Pay Equity Plan has been implemented instead of the current submission of an Income Differential Statement to the ECC. Finally, compliance with the principle of equal pay for work of equal value is required as a condition for accessing State Contracts under section 53 of the EEA when this section is promulgated in the near future. It can be deduced from the review process that the principle of equal pay for work of equal is a complex and specialized area. However, it was also clear that in both South Africa and Canada, the issue of equal pay is seen, not only as a workplace issue, but as an important Constitutional fundamental human-right imperative to the achievement of equality in a society as a whole.
24
Clendenning, Robert J. "The licensing of wireless technologies in Canada : an examination of the use of ministerial licensing." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=29822.
Full textAbstract:
Our examination of ministerial licensing under the Radio Act, attempts to first show that its use in the early 1980s was driven more by a desire within the Department of Communications to be dominant in setting policy than by necessity. The case studies we then discuss show that the argument advanced at the time of the Department's announcement to license cellular---that there is greater accountability in expanding elected officials' powers in regulatory affairs---fails to prove itself in practice. After careful examination of the two cases in which Ministerial licensing has been used in Canada, this paper points problems with ministerial licensing. First, as our case studies will clearly show, Ministerial licensing is apparently incapable of providing any of the policy leadership or public accountability. Second, and perhaps more important in the long term, Ministerial licensing in telecommunications contravenes all of Canada's own efforts to secure a fair and procedurally defined international regime for telecom regulation. (Abstract shortened by UMI.)
25
Peszle, T. L. (Theresa L. ). "Language rights in Québec education : sources of law." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26751.
Full textAbstract:
This study first provides general background on the public education system of Quebec, and the Canadian and Quebec legal systems. Legal background information includes: the classification of Canadian laws; the Common Law and Civil Law traditions of law, and the definitions of sources of law of each tradition; Quebec's bijurisdictional legal system; the court system of Quebec; Constitutional sources of law; and, the role of the Judiciary in Canadian education.This thesis is a documentary study of the sources of law which establish language of instruction rights in Quebec. Its purpose is to assist educators, students of education, and other lay persons of law to gain understanding of the legal bases upon which the Judiciary formulate decisions in matters of language of instruction. Common Law and Civil Law legislative and case law sources, which are applicable to Quebec, are identified and examined, and relevant sources presented.
In addition to providing a summary for Common Law sources, and for Civil Law sources, a chronological summary is given, which reveals six main periods in the development of language of instruction provisions in Quebec.
The conclusion is that the primary sources of law for language of instruction in Quebec are: s. 93 of the Constitution Act, 1867, and case law thereunder; and, the judicial interpretation and provisions of s. 23 of the Constitution Act, 1982. Future case law in Quebec may reveal s. 23 of the Canadian Charter of Rights and Freedoms, 1982 to be the most significant source of law for the preservation of minority English language instruction, institutions, and rights of management and control.
26
Chouinard, Vicky. "The legal framework related to the privatization and commercialization of remote sensing satellites in the United States and in Canada /." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99130.
Full textAbstract:
This Thesis deals with the national legal aspects of a particular space application: remote sensing by satellites, also referred to as earth observation systems.Governments have been the leading providers and users of satellite imagery data since the advent of earth observation satellites (i.e. almost 40 years ago). However, this has changed, particularly in the United States, with several private companies having acquired and launched their own imaging satellite systems. This new trend towards commercialization and privatization of the remote sensing industry, which appeared firstly in the United States and which is now being extended to Canada, required a change in policy. The role played by the government policies and regulations in shaping the prospects for the emerging commercial remote sensing satellite firms is of critical importance. In this context, these policies and regulations will determine the conditions that will enable commercial firms to realize their competitive potential in both the domestic and international marketplace.
In this Thesis, a brief overview of the technical and historical legal backgrounds of remote sensing is provided. Then, the international legal framework of remote sensing is briefly analyzed. Finally, a thorough analysis of the policies, laws and regulations applicable within the United States and Canada is presented.
27
Pelletier, Anne-Barbara. "Understanding the concept of asset securitization in the Canadian context." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78225.
Full textAbstract:
This thesis has been written to provide the reader with a general understanding of a securitization transaction. It should be considered constructive reading for persons engaged in the practice of Canadian corporate, banking and securities law, the financial services industry as well as corporate officers who wish to expand their knowledge on the topic of structured finance. The following describes the primary participants and basic components involved in a securitization transaction and discusses how each comes together to result in the issuance of asset-backed securities. Further, this thesis provides an analysis of each step and aspect that is necessary to structure a securitization transaction. Securitization involves a multitude of legal, accounting and tax issues, and this thesis concentrates on the most central of such issues. Lastly, this thesis concludes with some insight into what the future holds for the securitization market.
28
Parsons, L. S. "An evaluation of the Canadian 200-mile fisheries zone : benefits,problems and constraints." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=70265.
Full textAbstract:
This thesis evaluates the impact of the Canadian 200-mile fisheries zone from biological, economic and social perspectives. The factors and events leading to the 200-mile zone are examined. The Canadian management regime post-extension is described. Canada derived significant benefits from the 200-mile zone including increased management authority over a vast area with major fish resources, the displacement of foreign fisheries, the development of Canadian fisheries in areas and for species not previously utilized by Canada, and the opportunity to rebuild overfished fish stocks. However, various problems and constraints have led to continued fisheries instability. These include: (1) Natural resource variability, (2) The common property nature of the resource and resultant overcapacity, (3) Fluctuations in market conditions, (4) Heavy dependence on the fisheries in isolated coastal communities, and (5) Recurrent conflict among competing users and conflicting objectives for fisheries management.Despite Canada's abundant marine fishery resources, various combinations of these factors have contributed to a recurrent boom-and-bust pattern in many marine fisheries. Extended jurisdiction did not provide a panacea for the problems of the fisheries sector. Continued periodic fluctuations in Canada's marine fisheries and demands for government assistance can be expected unless viable alternative economic opportunities can be developed in the coastal regions.
29
Sandgathe, Tracey Layne. "Environmental impact assessment and the promise of eco-pragmatism : a consideration of the Canadian Environmental Assessment Act." Thesis, University of British Columbia, 2007. http://hdl.handle.net/2429/32451.
Full textAbstract:
Because of the potential for development to have negative environmental impacts, one of the most important questions addressed by environmental law and policy is whether and how to allow development to proceed. In Canada this question is answered primarily through environmental impact assessment ("EIA"). At the federal level, EIAs are required under the Canadian Environmental Assessment Act, S.C. 1992, c. 37 ("CEAA") for certain types of proposed projects and activities. Although CEAA's purposes include fostering both a healthy environment and economy, the Act does not provide any instruction on how to balance or choose between these goals in situations where both goals cannot be served. In 1999 Professor Daniel Farber developed a methodology he refers to as 'eco-pragmatism' in an attempt to create a means by which society's competing (and often contrary) values can be balanced and satisfactory trade-offs arrived at. In this thesis the differences between CEAA and eco-pragmatism are explored and consideration is given to whether eco-pragmatism might assist in resolving the value conflicts that often characterize EIAs. Of particular interest is whether Farber's approach might improve the CEAA framework and assist CEAA decision-makers in determining whether proposed projects should be approved. It is argued that although eco-pragmatism is useful, it is not adequate if the ultimate goal is environmental protection that is sustainable into the future. Both CEAA and eco-pragmatism focus on the mitigation of negative environmental effects, rather than on achieving long-term environmental gains or observing a minimum environmental standard. Accordingly, both arguably have the effect of slowing the erosion of environmental quality, but each fails to observe some sort of environmental 'bottom line' that would impose an ultimate limit on negative impact. It is suggested that an ultimate limit is a necessary (albeit difficult) element of environmental law.Law, Peter A. Allard School of
Graduate
30
Letendre, Martin. "Research with stored tissue samples of deceased persons : a North American perspective." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80938.
Full textAbstract:
In this thesis, the author studies the ethical and legal aspects of research conducted on stored tissue samples of deceased persons in North America.The first part of this thesis presents an overview of what constitutes human tissues and how are they used in research. The author describes the process in which human tissues are acquired and stored by health facilities, their utility for scientific research, and currently used techniques.
The second part is dedicated to the analysis of the current normative framework associated with research involving human tissue samples in North America. The author underlines the presence of two different normative regimes depending on whether the human tissues were removed before or after death. Finally, the author examines international documents in order to evaluate whether or not they can provide guidance to North American national legislation.
The third part evaluates the normative limitations associated with the use of stored tissue samples of deceased persons for research. The author considers that these limitations are related to the presence of conflicting interests, the difficulties in establishing rights over human tissues, the difficulties of establishing the rights of the dead, and the limitations of the theory of informed consent with regards to stored tissue samples.
The last part of this thesis suggests that stored human tissues should be interpreted as if they were part of an individual's medical record. After presenting some of the philosophical arguments in favour of such an interpretation, the author underlines the presence of legal precedents supporting the "tissue as information" model. The author finally examines the legal implications and the potential limitations of this proposal.
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Climaco, dos Santos Patrick. "The Canadian criminal legislative response to hate crimes /." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83948.
Full textAbstract:
The main objective of this thesis is to present an analysis of the issue of hate crimes and the manner in which the Canadian criminal justice system is currently addressing this problem. In doing so, certain inherent concerns with the current Canadian criminal legislative response to hate crimes will be highlighted and discussed in detail.More precisely, the introduction of how recent Canadian criminal legislation has dealt with hate crimes will serve as the basis for the consideration of two of the main areas of concern as they relate to the effective application of hate crime legislation, namely the areas of prosecutorial discretion and evidentiary burden. The detailed survey of these two areas will provide the reader with a greater understanding of the dynamics behind the factors that currently hinder the potential effectiveness of hate crime legislation in Canada and will ultimately allow for the consideration of possible solutions.
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Nakayama, Kiyoshi. "Transfer pricing taxation : Canadian perspective and Japanese perspective." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/26143.
Full textAbstract:
For the last decades, transfer pricing has been one of the most important issues for both tax authorities and multinational corporations.
On the one hand, tax authorities, despite their counter-measures, have not been able to cope with international tax avoidance or evasion using transfer pricing by multinational corporations owing to the deficiency of tax systems and the inability of tax administrations and this has resulted in a huge revenue loss to the coffers of their countries.
On the other hand, while multinational corporations have been using transfer pricing as vehicles to maximize their overall after-tax profits as a group, they have been suffering intolerable
administrative burdens and double taxation caused by enforcement of counter-measures by tax authorities.
The basic principle for transfer pricing taxation legislation
is the "arm's length principle", that transactions between parties that are not dealing at arm's length should be carried out for tax purposes under terms and at a price that one could reasonably have expected in similar circumstance had the parties been dealing at arm's length. This principle has been endorsed by the OECD, Canada, the U.S. and other developed countries, however, common specific guidelines under this principle have not been established among tax authorities and even multinational corporations themselves cannot always find an arm's length price acceptable to tax authorities.
Since the OECD Committee on Fiscal Affairs issued the report "Transfer Pricing and Multinational Enterprises" in 1979, tax authorities, multinational corporations and tax practitioners have been making strenuous efforts to find a reasonable and practical transfer pricing taxation system and to coordinate its enforcement, all of which enables tax authorities to recover or keep their fair share of revenue and protect multinational corporations from double taxation.
At present, the situation already shows some improvements due to efforts for the harmonization of guidelines among tax authorities, and due to multinational corporations' application of transfer pricing policy in a more self-restricted manner, and more appropriate advice from tax practitioners. However, there is still room for possible improvements.
In Canada, there have been no guidelines other than the Income Tax Act which provides general principles of transfer pricing taxation, and actual enforcement has been based on the internal assessing guideline of Revenue Canada. But, on February 27, 1987 Revenue Canada issued Information Circular 87-2. Although an information circular does not carry any legal weight, it is expected that the circular will eliminate taxpayers' uncertainty and augment tax compliance.
On the other hand, in Japan, despite its export-oriented economy, the Japanese tax authorities have not been keeping pace with the internationalization of economic activities. Having introduced anti-tax haven legislation in 1978, Japan in 1986 introduced transfer pricing taxation legislation. Although fairly concrete pricing methods have been written into legislation
in order to permit the reasonable enforcement of the new system, there is much to be learned from the experience of the "advanced" countries.
Above all, Canada's experience could be useful, as the provisions of the new Japanese transfer pricing taxation legislation are similar to those of the Canadian Income Tax Act and both countries have several similarities in terms of their relationship with the U.S.
In this thesis, after reviewing the background to these problems, I will discuss the Canadian transfer pricing taxation system and its enforcement by looking at each type of intra-group transaction and the corresponding adjustment and mutual agreement procedure system. Then I will compare the Canadian approach and Japanese approach. Possible improvements will be dealt with in the conclusion.
Since there has been little jurisprudence in this area, the discussions are primarily based on the tax authorities' perspectives
and the OECD reports.Law, Peter A. Allard School of
Graduate
33
Smith, William J. 1947. "Equal educational opportunity for students with disabilities in Canada." Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=41182.
Full textAbstract:
The purpose of this inquiry was to conduct a comparative analysis of the legislative action taken by the government of each Canadian province and territory, as of December 31, 1992, with respect to the provision of equal educational opportunity for students with disabilities. The methodology consisted of a form of qualitative content analysis of the relevant legislative action, validated by provincial representatives, complemented by a study of relevant case-law. The analytical framework comprised 60 items grouped around five types of rights: non-discrimination, access, identification/placement, service delivery and parental participation. Overall, four jurisdictions, the Yukon, followed by Ontario, Quebec and Saskatchewan, were found to provide for a significant level of rights. Newfoundland, Prince Edward Island, Nova Scotia and the Northwest Territories were found to provide for the lowest level of overall rights. Equality rights and access received the highest ratings across all jurisdictions, while parental participation, service delivery and identification/placement were rated lowest. Extensive references and key extracts from all legislation analyzed are included.
34
Burtch, Brian E. "Midwifery practice and state regulation : a sociological perspective." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/26966.
Full textAbstract:
Midwifery practice in Canada is anomalous in that, unlike other industrialized nations, a distinct legal status for nurse-midwives and community midwifery has yet to be established. Despite this constraint, community midwifery has survived the lack of institutional support for home births and legal prohibitions directed against it the manner of State regulation of midwives is a central issue in this study. It is shown that the State shapes the possibilities of midwifery in a contradictory manner, promoting midwifery on the one hand, and prosecuting and restricting midwifery practice on the other. A modified structuralist perspective on the State is developed with respect to midwifery. The Canadian State serves to limit possibilities for midwifery through various provincial enactments in quasi-criminal law, through the greater likelihood of criminal prosecution of midwives than physicians or nurses, and through funding of the established professions and hospitals.
This thesis then, offers a critical examination of the anomalous occupational and legal status of Canadian midwives, using historical materials on the development of midwifery practice and cross-cultural data on the role of midwives in traditional cultures. It is argued that many of the reservations about community (lay) midwives are no longer applicable, and that the containment of nurse-midwives reflects an historical accommodation between the nursing and medical professions in Canada. This accommodation meets the need for highly-skilled obstetrical nurses or nurse-midwives within the tradition of physician dominance in health care.
A major empirical focus of the study is a documentary analysis of birth records from community midwives, primarily in British Columbia and Ontario, between 1972 and 1986. Analysis of the data confirms that qualified community midwives, working under normal circumstances, manage births safely and with a minimum of interventions during labour and delivery, and during the prenatal and postpartum periods. Where comparisons with provincial and national populations are available, women attempting home birth under the care of a community midwife tend to have lower rates of forceps delivery, caesarean section, and episiotomy. These women are also likely to deliver their babies in positions other than the standard lithotomy position or prone position, and to have a lower incidence of perineal tears. Nevertheless, difficulties associated with the unregulated and often idiosyncratic situation of community midwives are underscored, particularly with regard to establishing guidelines for domiciliary midwifery.
Data from the Low-Risk Clinic at Vancouver's Grace Hospital, together with reports on other nurse-midwifery programmmes, reinforce the claim that nurse-midwives can practice autonomously in providing prenatal care, assistance in labour and delivery, and postnatal care. The likelihood of realizing autonomous midwifery practice depends upon the particular agendas of the State, the structural interests of the professions, and the initiatives of midwives and health consumers who lobby for certification of safe alternatives in maternal and infant care.Arts, Faculty of
Anthropology, Department of
Graduate
35
Urapeepatanapong, Kitipong. "Legal aspects of countertrade under the General Agreement on Tariffs and Trade and the national laws of Canada and Thailand." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/26147.
Full textAbstract:
Countertrade is no longer a new term in international trade. Countertrade will continue to grow in the next decade despite opposition from various developed countries. Nevertheless, little attention has been given to develop a generally acceptable definition of countertrade and a classification of its forms. More importantly, the study of the legal implications of countertrade under GATT and national laws of countries involved in countertrade is still limited. This thesis is a first step to explore the definition and forms of countertrade, as well as its national and international legal implications.
The first part of this thesis, respecting the overview and framework of countertrade, contains three chapters. The first chapter describes the purposes and methodology employed in the research of this thesis. Chapter two discusses the development of countertrade in world trade and the definitions and major forms of countertrade transactions. A definition of "countertrade" is proposed. The discussion of elements contained in each form of countertrade will assist classification of the forms of countertrade. The advantages and disadvantages of countertrade from the perspective of both developed and developing countries is also discussed. In Chapter three, the development of countertrade policy in Canada and Thailand is examined. The writer concludes that countertrade should be encouraged but with care taken to adopt the form most suitable to the specific problems each country is facing. Generally, Thailand and Canada should study the impacts of countertrade on their economies prior to implementing countertrade policies. In respect of their mutual relations, Thailand and Canada should put an emphasis on the development of countertrade practice in the forms of Offsets and Compensation.
The second part respecting the legal implications of countertrade, consists of Chapters four, five and six. Chapter four examines the legal implications of countertrade under the major provisions of the GATT and its Codes. The writer concludes that there are a number of unresolved problems with which GATT and the Codes cannot deal efficiently because they were drafted while countertrade was still unimportant in international trade. A study of the impact of countertrade and a detailed study of the legal implications under GATT is still required. In Chapters five and six, the writer examines countertrade transactions under the private and regulatory laws of Canada and Thailand. The discussion, within the limited scope of the thesis, is aimed only at providing some precautions respecting possible effects of such laws on countertrade transactions. The private law aspect deals only with basic problems of choice of law principles, the State Immunity principle, and the enforcement of foreign or international arbitral awards that arise from disputes concerning countertrade agreements. The discussion of regulatory law is divided into three parts based on the purposes and nature of the legislation: Fiscal and other regulatory control laws; Remedial regulatory laws; and the Promotion and Administrative regulatory law. Specific provisions of the legislation are examined. Certain suggestions are made for reform of the law.
The last part of this thesis, Chapters seven relates to practical consideration of negotiating and drafting countertrade agreements. The purpose of this part is to guide practitioners in preparing and structuring countertrade agreements efficiently. The writer also suggests the preparation of model countertrade agreements to overcome problems of time and cost in drafting agreements, and to strengthen the developing countries' bargaining power. Chapter eight, the conclusion, summarizes the major points which are discussed in previous chapters.
The diversity of countertrade transactions probably precludes the development of uniform domestic or international rule to regulate this type of international commerce. This thesis has shown that lawyers in developed and. developing countries need, however, to be aware of the special nature of countertrade transactions when considering the application of laws of a general character so as to preserve the value of this form of trade.Law, Peter A. Allard School of
Graduate
36
Hein, Gregory Allan. "Regulating a miracle substance : the politics of asbestos in Canada and the United States." Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/29930.
Full textAbstract:
While asbestos has been called a 'miracle substance' because of its unique properties, asbestos has also caused cancer in those exposed to its indestructible fibres. This mix of benefits and costs has made the regulation of asbestos particularly difficult for policymakers; in both countries, regulation has been characterized by exceptional measures.
In Canada, regulating asbestos has led to innumerable government studies, including the Ontario Royal Commission on Matters of Health and Safety Arising from the Use of Asbestos (1984). The Commission's Report was unique in its extensive scope and detail. Its three volume report included a detailed treatment of asbestos-related diseases, quantitative risk estimates, and assessments of current regulations. The regulatory history of asbestos in the US was also somewhat exceptional. It involved a protracted battle between the Environmental Protection Agency and the Office of Management and Budget. Out of this battle came a House Subcommittee investigation into OMB interference in EPA rulemaking (1985).
The comprehensiveness of the Royal Commission's Report is highly significant given that detailed scientific explanations of policy, and the criteria used to balance costs and benefits are usually not explicitly revealed by Canadian regulators. In this sense, the somewhat anomalous nature of the Commission's Report offers an especially detailed view of regulating hazardous substances in Canada. Like the Royal Commission Report, the House investigation provides an extraordinarily detailed look at the politics of regulating a hazardous substance.
Out of these involved deliberations, though, emerge very different policies on asbestos. While the US has implemented a three-stage ban, Canadian regulators view asbestos primarily as an occupational problem. The workplace standards of the US, Ontario and Quebec differ, with the US being more stringent.
The contributions of this paper stem from its balanced consideration of scientific and political determinants and its comparative nature. This balanced consideration illustrates the double impact of science. While science can set the boundaries of a policy debate, uncertain areas of scientific evidence are usually politicized by competing interests. Thus, the less science is certain, the more politics matters.
Within the boundaries set by science, various political forces have an impact on the policy process. Policies are shown to emerge from very different interrelationships between state structures and societal actors, influenced by varying degrees of economic dependence on asbestos. Group theory alone fails to explain the divergent policy outcomes; so do neo-Marxist and institutionalist approaches. Thus, this study demonstrates the superiority of integrative approaches, as opposed to those which emphasize one causal variable at the expense of others.Arts, Faculty of
Political Science, Department of
Graduate
37
Bornoz, Nathalie. "The new federal environmental impact assessment process in Canada : a step towards sustainable development?" Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=69605.
Full textAbstract:
Sustainable development requires the integration of ecological and social concerns into economic activities. Recent trends in environmental impact assessment (EIA) suggest the eventual use of the EIA process to link socio-environmental attributes with economic decision-making thus allowing for the transition towards a sustainable future.This thesis is an examination of the proposed Federal Environmental Impact Assessment Act of Canada and the extent to which its provisions seek to ensure a move towards sustainable development.
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Gagnon, Hugo-Pierre. "Bill C-55 and the UNCITRAL model law on cross-border insolvency : the harmonization of Canadian insolvency legislation." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101817.
Full textAbstract:
Bill C-55 proposes amendments to the Canadian Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act tailored on the procedural framework contemplated by the UNCITRAL Model Law on Cross-Border Insolvency. This thesis demonstrates that implementation of these amendments will bring Canadian insolvency law into closer---but by no means complete---alignment with the doctrine of modified universalism reflected in the Model Law. To this end, the thesis undertakes an analysis of the different theoretical approaches to cross-border insolvency, shows the importance of instrument choice in determining the level of global harmonization attained, and reviews recent projects of harmonization. This is followed by a close comparative analysis of the extent of compliance of the provisions of Bill C-55 with the Model Law, an analysis that demonstrates the shortcomings of model laws and, somewhat paradoxically, their important role and function in eventually bringing about global legal harmonization.
39
McCabe, Gerald Michael. "Regulation of the telephone industry in Canada : the formative years." Thesis, McGill University, 1985. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=63351.
Full text
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Violet, Ian. "The allocation of responsibility for the maintenance of the single parent family." Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/28828.
Full textAbstract:
The social problem under investigation is that of widespread poverty amongst households comprising minor chidren and a lone parent, whether this household has arisen due to a birth outside a stable union, separation, divorce or widowhood. The scale and features of this poverty are identified with reference to demographic data from Canada and the United Kingdom.
Possible policies for reform are identified through a thorough review of literature from the Commonwealth and the United States. Special attention is paid to empirical investigations and the relationship between public and private support of single parent families.
Whilst none of the four hypothetical reforms proposed - a system of insurance, rigorous enforcement of court orders, constraining judicial discretion, expanded rights to public support - is unconditionally accepted, only insurance is rejected as offering nothing of value. The conclusion is that the non-custodial parent's responsibility for his or her children must continue to be emphasised but that public resources should be expended with a view to assisting the single parent to obtain, enforce and periodically vary orders in favour of the children. For the single parent himself or herself, the aim must be to reverse the current process of marginalisation within society and this independence can best be achieved by reforms of the labour market rather than by reforms of the legal process.Law, Peter A. Allard School of
Graduate
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Correa, Elaine. "Get out of my space! :"illusionary practices of equity"." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=36758.
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This thesis explores the experiences of Canadian academic women in terms of location, space and voice. Within this qualitative study, the spaces of and for women within the university are examined by way of women's subjective experiences of 'value' and 'being valued'. Differences in experiences between women based on age, colour, tenure and academic rank are described through the voices of thirty academic women. The study argues that the "illusionary practices of equity" operating within the university milieu, exacerbate the tensions inherent in contradictory subject locations that women occupy within academe. The struggles of representation and identity within these contested spaces raise the challenges of whose voice will have space within the privileged locations of higher learning.
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Panet-Raymond, Louise. "Toward a reconceptualization of battered women : appealing to partial agency." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78223.
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Despite growing awareness of the severity of domestic violence, the lives of battered women are too often misconstrued by the Canadian public and the judicial system. The author argues that stereotypes of victimized battered women emanating from the courts and feminist theory may both prevent women who kill their partner from making valid claims of self-defence and generally undermine women's fight against oppression. The author reviews the doctrine of the battered woman syndrome and its application in the context of self-defence to illustrate how the courts' treatment of the doctrine conveys a narrow and incomplete depiction of battered women. An alternative theoretical framework based on battered women's partial agency is proposed as a means to address feminist theory's simplified representation of battered women. Various law and policy reform initiatives in the criminal justice system are explored to assess how the law may validate and promote battered women's partial agency.
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Carlsson, Lina. "Climate change and sustainable energy in Canada and the United States : positions, policy and progress." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80912.
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Canada and the United States are two of the most energy-intensive countries in the world and have an immense impact upon their surrounding environment. Both countries have committed to contributing to the stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, in accordance with the United Nations climate change regime. Their climate change-related energy policies do not, as yet, show any sign of achieving that objective, especially in light of the fact that greenhouse gas emissions are on the rise. This thesis consequently argues that not enough is being done by Canada-US to fulfill their commitments under the climate change-regime and tests that hypothesis.
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Hanisch, Alexandra. "The use of defensive measures in hostile takeovers : a comparative study of takeover regulation in the US, the UK, Canada, the EU and Germany." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78216.
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This Master's Thesis is a comparative study of the regulation of defensive measures in hostile takeovers. It consists of two main parts: In the first, the subject is approached from a theoretical point of view. The relevant factors for the regulation of defensive measures are outlined and analysed, followed by a discussion of the different ways of drafting such rules. This part concludes with a proposition concerning the most favourable form and content of a regulation. The second part describes hostile takeover regulation in the US, the UK, Canada, the EU and Germany, showing the diversity in that field of regulation in practice and the underlying reasons. It highlights and assesses the characteristics of each country and its regulation in the light of the considerations made in the first part, and provides an outlook concerning the future development of the regulation of defensive measures in hostile takeovers.
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Rebolone, Ana Maria. "Feminists in unchartered water, the legal pursuit of reproductive autonomy in the Supreme Court of Canada in the 1990s." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0003/MQ45377.pdf.
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Ye, Xiangxiang 1983. "The impact of the Plant Breeders' Rights Act on wheat productivity : evidence from western Canada." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=100216.
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Plant Breeders' Rights (PBR) are a form of intellectual property rights enabling breeders of new plant varieties to have the exclusive right to produce and sell propagating material of their new plant varieties. The existence of effective property rights has been pointed to as a stimulus of increased R&D and productivity. Canada has had legislation to provide PBR protection for about two decades, and is considering further strengthening of the regulatory framework. However, there are few studies that have examined the effectiveness of the legislation on crop productivity. This thesis investigates the hypothesis that the adoption of wheat varieties qualifying for Plant Breeders' Rights has increased overall wheat yields and rate of yield increase. The yield response function models are applied to industry data for western Canada and Alberta, respectively. The empirical results show that the PBR Act had a relatively small impact on wheat yields. Among wheat classes, it had a positive impact for Durum wheat in Alberta.
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Demoures, Gaël. "Etude critique et théorique de l'application des mécanismes du droit de la concurrence du Canada et de l'Union européenne aux brevets technologiques : théorie des organisations." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80915.
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The relationship between patent and competition is rather complex. Whereas both sets of rules contribute to the same objective, i.e. consumer welfare and economic growth, their means collide. Patent laws create and protect monopolies while competition laws seek to limit their influence or even oppose their occurrence. However, since technological development is a financially risky process, it needs to be secured through a strong rewarding monopoly. Neo-classical theory has been so far the cornerstone of competition law. It is driven by a view of the market where price equilibrium and market atomicity constitute the main elements of allocative efficiency. But it promotes a rather static view of the market which neglects the fundamental aspects of technology-driven markets in the modern economy. Therefore we need to curb the role of the mainstream economic postulates by taking into account adequate theories in order to reflect modern innovation and technological diffusion onto the markets.
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Egan, Sara Patricia. "Women (Re)incorporated : a thesis examining the application of feminist theory to corporate structures and the legal framework of corporate law." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30296.
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The thesis is about the re-incorporation of women, on feminist terms, in corporate law and structure. Working from the idea of feminism as a theory about exclusion, the thesis endeavours to include women's voices in how the dominant discourse shapes corporations and the securities markets. Moreover, it attempts to capture the feminist continuum and use it as a critique of the existence of the separate entity of the corporation and limited liability. The thesis also joins the corporate governance debate on feminist terms, reshaping its scope to include feminist aspirations. The market for securities and insider trading are also subject to a feminist analysis and the problems in policing and preventing insider trading are rethought through a feminist lens.
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Penninga, Mark, and University of Lethbridge Faculty of Arts and Science. "A Judeo-Christian account of human dignity in Canadian law and public policy." Thesis, Lethbridge, Alta. : University of Lethbridge, Faculty of Arts and Science, 2008, 2008. http://hdl.handle.net/10133/671.
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Understanding human dignity is integral to protecting human rights. An examination
of Canada‘s Supreme Court decisions and Canadian public policy debates reveals that human
dignity is being defined synonymously with individual autonomy and equality. This narrow
understanding has serious implications for people who are not able to assert their autonomy.
To understand the philosophical ideas behind these decisions, this thesis examines classical,
modern, and postmodern accounts of human dignity and concludes that they fall short in
providing an objective grounding for dignity that is truly human. It then looks to the Judeo-
Christian account of human dignity to provide a transcendent foundation for human dignity.
With this account, persons are rational and physical, relational, inviolable, and teleological –
a hopeful contrast to the prevailing contemporary accounts. This thesis then defends the place
of this religious perspective in our secular country.vi, 182 leaves : ill. ; 29 cm.
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Benihoud, Yasmina. "Regard critique sur le droit français du harcèlement sexuel au travail à la lumière du droit américain et du droit canadien." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=42288.
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A few months after having enacted a criminal statute creating the general offence of sexual harassment, the French Parliament enacted the Statute n° 92-1179 "relative a l'abus d'autorite en matiere sexuelle dans les relations de travail". In this statute, as in the criminal statute, the French legislator considers sexual harassment in a peculiar way, and departs from the North-American position on three points:First, while American law and Canadian law understand clearly sexual harassment as a form of sex discrimination, the French approach is more ambiguous. It appears that the French legislator understands sexual harassment more as an infringement to freedom than a form of sex discrimination.
Second, the French legislator has defined sexual harassment in a more restrictive way than in North America. While American law and Canadian law prohibit hostile harassment and sexual harassment by colleagues, these forms of sexual harassment are not prohibited in French law. Finally, on the question of the employer's liability, the French approach is more "timid" than in American law and in Canadian law.
The French legislator has justified its more restrictive approach to the problem of sexual harassment in comparison with the North-American position by two arguments: the fear of the "American 'drift'" and the peculiarity of the relationships between women and men in France. However, it is argued that the choice of the French legislator is not convenient because it leaves a significant number of victims outside the scope of the law, and is not clear enough on the employer's obligations. Furthermore, it is maintained that both arguments of the legislator are more caricatural than real.