Dissertations / Theses on the topic 'Civil rights – Canada'
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1
Lambertson, Ross. "Activists in the age of rights the struggle for human rights in Canada, 1945-1960 /." Thesis, Connect to this title online, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp02/NQ37352.pdf.
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Romano, Domenic. "The political impact of the Canadian Charter of Rights and Freedoms on the Supreme Court of Canada /." Thesis, McGill University, 1989. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59286.
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This study explores the political impact of the Canadian Charter of Rights and Freedoms on the Supreme Court of Canada. This influence is contrasted with the judiciary's historic reluctance to recognize civil liberties, commencing with the position taken by the Judicial Committee of the Privy Council and the cautious reaction of the Supreme Court to the Diefenbaker Bill of Rights.The treatment of civil liberties under the Charter is considered through a survey of some of the Charter cases addressed by the Supreme Court of Canada. The political consequences of the Court's decisions are examined. Alternative possibilities for the Court's role in Canadian society are considered, including the prospects for entrenchment under the Meech Lake Accord and other recently proposed reforms.
The criticism that too much power is being vested in the "least democratic branch" is addressed and the suggestion that the Charter should be located in the "communitarian tradition of Canadian politics" is appraised. This study reflects upon the theoretical assumptions which underlie the existence of the Charter, as it evaluates the political theory behind differing conceptions of judicial interpretation. This thesis concludes by determining that the Supreme Court has made a positive political contribution to Canadian society.
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Crossland, James. "The role of the courts in the evolution of Canadian constitutionalism : historical antecedents and future prospects." Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=66072.
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Massé, Sylvain. "Démocraties et minorités linguistiques : le cas de la communauté franco-manitobaine." Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=66189.
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Brodsky, Gwen. "The transformation of Canadian equality rights law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0007/NQ43416.pdf.
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Bradley, Joseph E. (Joseph Edmund) Carleton University Dissertation Canadian Studies. "In defence of Charter review." Ottawa, 1992.
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Weber, Hedda Anne. "Comparison of the legal protection standards of HIV-infected public employees in Canada and the United States." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30334.
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This thesis examines the legal protection of public employees who are HIV-infected or have AIDS in Canada and the United States. Emphasis is placed on the dealing with mandatory HIV-testing schemes in each country. To this end, the first section presents medical facts about the disease itself, the transmission risks, and testing methods as ethical considerations about HIV-testing schemes. The second section addresses the protection standards guaranteed by the Constitution of the United States and compares them to the standards set out by the Canadian Charter of Rights and Freedoms . Finally, the third section compares protection offered under the Rehabilitation Act of 1973, the Americans with Disabilities Act, and the Canadian Human Rights Act.
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Ramos, Howard. "Divergent paths : aboriginal mobilization in Canada, 1951-2000." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=84541.
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My dissertation focuses on the rise and spread of Aboriginal mobilization in Canada between 1951 and 2000. Using social movement and social-political theories, it questions the relationship between contentious actions and formal organizational growth comparing among social movement and political sociological perspectives. In most accounts, contentious action is assumed to be influenced by organization, political opportunity and identity. Few scholars, however, have examined the reverse relationships, namely the effect of contentious action on each of these. Drawing upon time-series data and qualitative interviews with Aboriginal leaders and representatives of organizations, I found that critical events surrounding moments of federal state building prompted contentious action, which then sparked mobilization among Aboriginal communities. I argue that three events: the 1969 White paper, the 1982 patriation of the Constitution, and the 1990 'Indian Summer' led to mass mobilization and the semblance of an emerging PanAboriginal identity. This finding returns to older collective behaviour perspectives, which note that organizations, opportunities, and identities are driven by triggering actions and shared experiences that produce emerging norms. Nevertheless, in the case of Canadian Aboriginal mobilization, unlike that of Indigenous movements in other countries, building a movement on triggering actions led to mass mobilization but was not sustainable because of a saturation of efficacy. As a result, Aboriginal mobilization in Canada has been characterized by divergent interests and unsustained contention.
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Chiringa, Kudakwashe E. M. "Human rights implications of the compulsory HIV/AIDS testing policy: a critical appraisal of the law and practice in South Africa, Uganda and Canada." Thesis, University of Fort Hare, 2013. http://hdl.handle.net/10353/d1017298.
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HIV/AIDS has been an obstacle to socio-economic development and a major cause of loss of human life. It has also caused vast inequities and frustration to the public health sector. One of the significant efforts made by the public health sector to combat the epidemic is the implementation of a mandatory HIV/AIDS testing policy to scale-up HIV treatment. This dissertation examines the impact of this policy on the human rights of people infected with and affected by HIV/AIDS. Coercive government policies aimed at controlling the AIDS pandemic often infringe on the rights of individuals known to be or suspected of living with HIV/AIDS and this decreases the effectiveness of public health measures. The research methodology involved the study of written literature and a comparative literature study of the law and practice obtaining in South Africa, Uganda and Canada. It revealed that voluntary testing is effective and suitable in South Africa. This dissertation aimed to show that any public health approach that aims to achieve a comprehensive prevention strategy must be consistent with respect for human rights as enshrined in regional and international human rights law. Public health and human rights should, therefore, not be regarded as opposing forces; rather they should be seen as a unified system of protection of human welfare under the Bill of Rights and the Constitution. The solution to the crisis lies not only in testing every single person but also requires a shift of focus to more pressing issues that include gender equality, stigma and discrimination; prioritizing human rights, institutional capacity and resources; and an end to extreme poverty. A human rights-based approach to HIV/AIDS testing, such as the Voluntary Counselling and Testing (VCT) is recommended. Therefore, failure to adhere to the core principles of testing - which are informed consent, counselling and confidentiality of the test result - will only hinder the global fight against HIV/AIDS. The rights of those affected by HIV/AIDS need to be protected in order to address public health imperatives. This can be done through the use of the law as an instrument of social change as well as education and awareness. Key words, HIV/AIDS, mandatory testing, Voluntary Counselling and Testing, public health, human rights-based approach.
10
Waltman, Max. "The Politics of Legal Challenges to Pornography: Canada, Sweden, and the United States." Doctoral thesis, Stockholms universitet, Statsvetenskapliga institutionen, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-109040.
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The dissertation analyzes obstacles and potential in democracies, specifically Canada, Sweden, and United States, to effectively address empirically documented harms of pornography. Legislative and judicial challenges under different democratic and legal frameworks are compared. Adopting a problem-driven theoretical approach, the reality of pornography’s harms is analyzed. Evidence shows its production exploits existing inequalities among persons typically drawn from other forms of prostitution who suffer multiple disadvantages, such as extreme poverty, childhood sexual abuse, and race and gender discrimination, making survival alternatives remote. Consumption is also divided by sex. A majority of young adult men consumes pornography frequently; women rarely do, usually not unless initiated by others. After consumption, studies show many normal men become substantially more sexually aggressive and increasingly trivialize and support violence against women. Vulnerable populations—including battered, raped, or prostituted women—are most harmed as a result. The impact of attempts to address pornography’s harms on democratic rights and freedoms, specifically gender equality and speech, is explored through the case studies. Democracies are found to provide more favorable conditions for legal challenges to pornography’s harms when recognizing substantive (not formal) equality in law, and when promoting representation of perspectives and interests of groups particularly injured by pornography. State-implemented approaches such as criminal obscenity laws are found less effective. More victim-centered and survivor-initiated civil rights approaches would be more responsive and remedial—a finding with implications for other politico-legal problems, such as global warming, that disproportionately affect disadvantaged populations traditionally largely excluded from decision-making.
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Rowe, Allan. "The surveillance of the Chinese in Canada during the Great War." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ61490.pdf.
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Torres-Ceyte, Jérémie. "Les contrats et les droits fondamentaux : perspective franco-québécoise." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1021.
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La rencontre entre les contrats et les droits fondamentaux est au centre de très nombreux débats juridiques contemporains : qu’il s’agisse notamment de la place du fait religieux dans la société, de la marchandisation du corps humain, ou encore du respect de la dignité de la personne. Cette rencontre stimule la réflexion de nombreux juristes, le sens de l’étude est de contribuer modestement à celle-ci dans la perspective d’une comparaison entre les droits français et québécois.On peut alors observer que l’exigence de respect des droits fondamentaux dans les contrats progresse dans les deux systèmes. En premier lieu, parce que nos droits font une place de plus en plus grande aux instruments de protection des droits fondamentaux, leur autorité s’impose en matière contractuelle. Ensuite, il faut remarquer que l’autorité des droits fondamentaux n’épuise pas leurs effets dans ce domaine. Ils rayonnent dans les contrats, car de relecture en réécriture les droits français et québécois des contrats sont de plus en plus imprégnés par l’exigence de respect des droits fondamentaux. Toutefois, en France et au Québec, à cette progression répond la nécessité de permettre l’inscription sociale des droits fondamentaux. On voit alors que le pouvoir sur les droits fondamentaux dans les contrats s’affirme, et que de contrat médical en contrat de travail, il devient incontournable pour permettre leur exercice. Toutefois, la dangerosité inhérente du pouvoir sur les droits fondamentaux justifie une réflexion sur les limites qui peuvent lui être assigné, à la fois en considération du respect de la dignité de la personne, mais également en considération de sa légitimitéThe meeting of contract law with fundamental rights is at the center of numerous contemporary legal debates, notably with regard to the place of the religious in society, the commodification of the body, or respect for human dignity. This encounter has prodded a reflection from numerous jurists. The aim of this study is to bring a modest contribution to the discussion, through a comparison of French and Québec law. The exigencies of respect for fundamental rights is evolving in the two legal systems. Because fundamental rights instruments play a larger role in our laws, their authority in contractual matters is becoming ineludible. Indeed, it should be noted that fundamental rights have not reached their full extent in this field. They emerge within contracts, because from revisiting to re-writing, Québec and French contract law are increasingly influenced by the obligation to comply with fundamental rights.However, this evolution in France and in Quebec is accompanied by a requirement that fundamental rights be allowed social admission. From that point on, we can see power over fundamental rights being asserted within contacts, that power evolving from medical contracts to work contracts towards becoming inescapable for their enforcement. Yet, the danger inherent in such power over fundamental rights calls for serious deliberations on the limits that must be set upon it, both with regard to the dignity of the human person, and in relation to its legitimacy
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Hauschildt, Jordan William Derek. "Redefining disrepute : acknowledging social injustice and judicial subjectivity in the critical reform of section 24(2) of the Charter." Thesis, University of British Columbia, 2008. http://hdl.handle.net/2429/4124.
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On April 17, 1982, the Canadian Charter of Rights and Freedoms was proclaimed into force. By
including a set of constitutionally entrenched core legal rights (i.e. ss. 8, 9, and 10(b), and a
remedial mechanism designed to enforce those rights (i.e. s. 24(2)), the Charter had the potential
to alter certain repressive elements of the criminal justice system that had endured in Canada for
over a century. Despite this potential, both the core legal rights and s. 24(2) were drafted using
vague terminology. As a result, the Charter ‘s ability to succeed where previous attempts at
instituting effective due process protections for Canadians had failed would depend largely on
the judiciary’s ability to satisfactorily craft such protections out of imprecise statutory language.
This thesis will argue that the Supreme Court of Canada has created a test for the
exclusion of unconstitutionally obtained evidence under s. 24(2) that fails to adequately protect
the core legal rights of the socially, racially and economically marginalized individuals to whom
the Canadian criminal justice system is disproportionately applied. In advancing this argument,
the relevant jurisprudence and academic literature will be analyzed according to a methodology
inspired by the Critical Legal Studies movement. The issue of exclusion will be examined in its
social context, primarily by analyzing the current system of Canadian criminal justice and
acknowledging its over-application to the socially disenfranchised. It will be argued that the
Supreme Court’s test for exclusion has developed as it has because of the judiciary’s
subconscious tendency to interpret unclear constitutional provisions in keeping with the
dominant conservative ideology, a method that favours maintaining the social status quo.
The purpose of this thesis is to set out a framework for a reform of the Charter ‘s
exclusionary mechanism. This new approach will attempt to situate social context at the forefront
of the s. 24(2) decision-making process. It will be argued that the concept of “disrepute” within
s. 24(2) must be redefined so that it captures investigatory practices made possible by unjust
social, racial and economic divisions that render certain groups powerless, and thus more
vulnerable to police surveillance.
14
Crawford, G. Mark. "Free speech : the Canadian model; a study of freedom of expression under the Charter of Rights of Freedoms." Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.390317.
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Astolfi, Roberta Corradi. "Povo e polícia, uma só direção: os estreitos canais de participação dos Conselhos Comunitários de Segurança da cidade de São Paulo." Universidade de São Paulo, 2014. http://www.teses.usp.br/teses/disponiveis/8/8131/tde-30042014-114706/.
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Os Conselhos Comunitários de Segurança são uma das várias instituições participativas que apareceram no país desde a década de 1980. Já foram objetos de grande entusiasmo e de igual decepção. Esse trabalho busca compreender os Consegs da cidade de São Paulo de uma forma transversal, com método quantitativo buscando entender seu funcionamento e prática nos diferentes contextos de renda, escolaridade e crime. Dessa forma serão testados os diagnósticos mais pessimistas de que os Consegs são espaços propícios para a reprodução de representações preconceituosas e estigmatizadoras de certos grupos sociais. E também aqueles mais otimistas de que os Consegs produzirão, pela prática do diálogo, comportamentos cívicos e racionais. Além disso, informações históricas serão mobilizadas para propor uma explicação sobre a situação atual dessas instituições.The Community Councils of Public Security are one instance among others of participative institutions that flourished in Brazil since 1980. They have been considered sometimes with great hope and enthusiasm and other times with exaggerated criticism. This research sought describe and understand how this institutions work throughout the various contexts of the city of São Paulo regarding differences in income, education and crime rates. The intention is to test previous diagnoses: first, those that are more pessimistic and believe that these spaces tend to worsen prejudice and segregation against certain social groups of people. Also will be challenged those diagnoses that are more optimistic and believe that the dialog and reason will produce civic learning. Also, historic information are retrieved in order to propose an explanation for the present situation of these institutions.
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Daly, Gillian. "Social rights : the implications of selective constitutionalisation." Thesis, 1999. http://hdl.handle.net/2429/9667.
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This thesis is concerned with those 'social' rights that relate to the provision of the
basic necessities of life; that is the right to an adequate standard of living (including
food, clothing and shelter), the right to health and the right to education. The
International Covenant on Economic, Social and Cultural rights (ICESCR) recognises
obligations pertaining to the progressive realisation of these rights, whilst leaving the
method of implementation within domestic discretion.
The Canadian Charter of Rights and Freedoms only accords domestic constitutional
protection to civil rights, leaving the implementation of these social rights within
government discretion. This study will examine what has, in the Canadian experience,
proven to be the practical consequences of adopting such a policy of 'selective
constitutionalisation,' that puts social rights by definition outside the ambit of legal
enforcement.
Firstly, it will examine the court's approach to cases that have, in the absence of
constitutionalised social rights, attempted to indirectly invoke social rights by
encouraging a positive social interpretation of the right to equality and the right to life,
liberty and security of the person, and will illustrate that the courts have failed to
interpret these rights so as to indirectly protect social rights.
Secondly, it will consider the relationship between legal, political and social
discourse, illustrating that, in light of the non- constitutionalised status of social
rights, the values underlying these rights have been marginalised in political and
social discourse, facilitating reforms that have restructured and eroded the welfare
state, reducing the realisation of social rights within Canada.
Thirdly, it will consider the practicability of adopting the alternative approach of
according equal constitutional protection and justiciable status to social rights,
through an examination of the theoretical literature and the approach taken to social
rights under the Final Constitution of the Republic of South Africa 1996. It will
illustrate that the philosophical arguments that have been utilised to support the nonconstitutionalised
status of social rights are no longer sustainable and that the
constitutional experience of South Africa provides evidence that a practical alternative
to the position adopted in Canada exists.
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Pickel, Jo-Anne. "Reframing dialogues : toward a multidimensional approach to Charter dialogue." 2004. http://link.library.utoronto.ca/eir/EIRdetail.cfm?Resources__ID=94570&T=F.
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Duvall, William Arthur. "Asleep on the sofa : elaboratist tendencies of the Supreme Court of Canada in its Charter jurisprudence." 2004. http://link.library.utoronto.ca/eir/EIRdetail.cfm?Resources__ID=95096&T=F.
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??zg????, Umut Social Sciences & International Studies Faculty of Arts & Social Sciences UNSW. "In the name of emancipation? Interrogating the politics of Canada?s human security discourse." 2007. http://handle.unsw.edu.au/1959.4/40573.
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Canada has actively incorporated human security into its foreign policy framework ever since the first articulation of human security in the 1994 United Nations Development Programme (UNDP) Annual Report. The Canadian Government has been at the forefront of promoting the concept internationally, thereby identifying Canada as one of the leading 'humanist-activist' states. This thesis, however, takes a more skeptical approach towards the emancipatory claims of Canada's human security discourse. It argues that, despite its overarching humanistic tone, the question of who is secured through the language and operationalization of human security remains problematic. In examining Canada's human security discourse in reference to this central question, this thesis analyses the promotion and operationalization of human security within Canada and abroad. The central argument of this thesis is that with its overwhelmingly statist and liberal language, Canada's interpretation of human security is far from being a challenge to the traditional ontological claims of security as being the provider of political order. The Canadian human security agenda is driven by a traditional fear of national insecurity. It aims to secure national unity and identity in Canada, and its national and economic security abroad, by promoting the ideals of liberal democratic peace. Drawing upon the insights of critical security studies and post-structuralist approaches to international relations, this thesis reveals several meaning-producing effects of Canada's human security discourse. First, domestically, it perpetuates the truth claims of the discourse of Canadian identity by naturalizing the idea of Canadian goodness. Canada's human security discourse enhances the social control of the population by masking 'human insecurities' within Canada. Second, by framing 'failed' and 'fragile' states as a threat to Canadian security and liberal international order, the Canadian Government perpetuates the constant struggle between the zones of peace and the zones of chaos, and overcodes human security with simultaneously a statist and universalist language that aims to control as well as emancipate the 'borderlands' Third, while Canadian discourse on human security claims to encourage a bottom-up approach to security, it works ironically as an elitist policy which endorses an ideal form of governance in Canada and abroad.
20
Patch, Tom W. "Equal in theory : an assessment of anti-discrimination statutes as equality tools for people with disabilities." Thesis, 2005. http://hdl.handle.net/2429/16657.
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In recent years, the enforcement of Canadian human rights statutes has been the subject of
much criticism. That criticism comes not only from organizations that are required to change
their practices to comply with the statutes, but from advocates who question the effectiveness
of human rights enforcement. Studies which attempt to address these criticisms generally
review the criticisms and then seek to modify the enforcement models to ameliorate the
problems which have generated the criticism. This thesis considers the problem from a more
theoretical perspective. With a focus on disability, this thesis considers whether Canadian
anti-discrimination statutes, which were created when the prevailing theory of equality was a
formal one, are capable of achieving substantive equality as it is now conceived.
Applying a disability rights perspective, substantive equality for people with disabilities
requires that a wide and complex variety of barriers be removed. These barriers may result
from intended or unintended discrimination. They may be physical or attitudinal. They may
be isolated, individual acts or they may reflect widespread societal norms. To eliminate such
an array of barriers, anti-discrimination statutes must include a range of powers and
procedures: they must incorporate provisions that protect people with disabilities from such
barriers; they must provide mechanisms to identify the barriers; there must be mechanisms to
determine whether the barriers contravene the protected right; and the statutes must provide
effective remedies.
This thesis concludes that contemporary human rights enforcement models are capable of
effectively addressing many individual barriers to equality for people with disabilities.
However, under a complaint-based model, human rights agencies cannot effectively address
barriers that result from the operation of widespread norms. Canadian human rights agencies
are therefore limited in their ability to achieve the societal transformation that is necessary to
achieve substantive equality for people with disabilities. For such equality to be realized,
anti-discrimination statutes must be seen as just one facet of a much broader approach.Law, Peter A. Allard School of
Graduate
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Bell, Colleen Dena. "Liberating security : governing Canada in the "age of terror" /." 2007. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&res_dat=xri:pqdiss&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&rft_dat=xri:pqdiss:NR38987.
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Thesis (Ph.D.)--York University, 2007. Graduate Program in Political Science.Typescript. Includes bibliographical references (leaves 277-315). Also available on the Internet. MODE OF ACCESS via web browser by entering the following URL: http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&res_dat=xri:pqdiss&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&rft_dat=xri:pqdiss:NR38987
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Cuenca, Joseph Gerard B. "Filipina live-in caregivers in Canada: migrants' rights and labor issues (a policy analysis)." Thesis, 1998. http://hdl.handle.net/2429/8907.
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Asian women make up the fastest growing category of the world's population of migrant
workers. The thesis examines labor and immigration policies of Canada as a host country for
Filipino women migrant workers. It also determines how Canada's working environment for
Filipino women migrant workers is mapped out.
The thesis is anchored on three major concerns. The first is an analysis of the Philippines as a
leading labor exporting country. The thesis expounds on the state mechanisms promoting
labor exportation and the corresponding problems that ensue. It is argued that a majority of
the problems of labor migration from the Philippines can be attributed to the inadequate
policies and laws of the government in the 1970s when labor export first flourished.
The second area of concern is a situation analysis of the Filipina migrant workers who come
to Canada to work as live-in caregivers. This discussion is focused on Canada's general
framework of immigration laws, foreign worker policies and the pertinent provincial labor
laws of British Columbia. It analyzes how these pieces of legislation have been shaped by
Canada's national policies. The thesis argues that Canada's regulations restricting the rights of
foreign domestic workers and the marginalization of their social mobility and status reflect the
unequal relationship between the host and the sending countries.
The third and most important concern is a policy analysis of the Live-In Caregiver Program
vis-a-vis migrants' rights and labor issues. The thesis argues that Canada, through the
continuation of the Live-In Caregiver Program, provides Filipino domestic workers
inequitable working conditions. It is argued that since Canada is an international forerunner in
championing human rights, it becomes anachronistic that a cluster of the country's
immigration policies continue to advocate indentured form of labor. Canada is in a unique
position, both as a traditional immigrants' country and as an international player, to blaze the
trail for international recognition of migrant workers' rights. Canada must eliminate the
double standards in the Live-In Caregiver Program vis-a-vis the general immigration policies.
Therefore, it is argued that in order to maintain the high marks it has been receiving at the
international level, Canada must eliminate two requirements of the Live-In Caregiver
Program: First, the two-year live-in requirement and second, the temporary migrant status of
live-in caregivers upon initial entry to Canada. Live-in work must be optional and not subject
to the granting of permanent residence status. To preserve it international reputation, Canada
must also make reforms on the international level by ratifying and implementing international
conventions.
23
Sandford, Christie. "Kymlicka and the aboriginal right." Thesis, 1996. http://hdl.handle.net/2429/5662.
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This thesis is concerned with two central questions. The first is theoretical and asks,
"Can a direct appeal be made to the foundational principles of liberalism to support
collective rights?" The second question is practical and asks: "Would such a defense
serve the interests of contemporary Canadian Aboriginal claims to special
constitutionally recognized collective rights known as the Aboriginal Right?" I utilize
Will Kymlicka's defense of minority rights as the theoretical framework in assessing this
first question and in assessing the latter, I refer to various reported Aboriginal
conceptions of the so-called Aboriginal Right which have been formalized by Aboriginal
people themselves through constitutional addresses, Royal Commission hearings,
discussion papers and legal claims.
Part I of the thesis involves an enquiry into the nature of the revisions that Kymlicka
proposes to make to liberal theory, and asks whether, in making such changes, he is able
to retain identification with the so-called "modern" liberals, with whom Kymlicka
identifies himself, and consistently defend the kind of group minority rights of the sort
actually being claimed in Canadian society today. I conclude that Kymlicka argument
fails in two respects: it fails to do the work required of it by modern liberals and it
ultimately fails to do the work required by the standards of Kymlicka own theory.
In Part II, I argue that even if it were theoretically possible to protect the good of culture
in the way that Kymlicka hopes, such a defense of collective rights fails in the most
important respect: that is, it cannot do the work required of it by the Aboriginal people
for whom it was designed.
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Clement, Dominique Thomas. "The royal commission on espionage 1946-1948: a case study in the mobilization of the Canadian Civil Liberties Movement." Thesis, 2000. http://hdl.handle.net/2429/10389.
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There exists, at this time, surprisingly little historiography on how civil liberties were shaped
and developed in practice throughout Canadian history. An examination of the 1946 Royal
Commission on Espionage offers several insights into the nature of the immediate post-World War
Two civil liberties movement.
The commission was formed in response to the defection of a Russian cipher clerk, Igor
Gouzenko, in late 1945. The commission investigated the existence of a Russian-led spy ring that
had recruited several Canadian civil servants into disclosing secret information. The commission
is unique in Canadian history; dominantly due to the fact that it was empowered under the War
Measures Act which granted it enormous powers. Everything from a citizen's right to counsel,
habeas corpus, protection from state coercion and the right to a fair trial were circumvented.
This work attempts to offer a few answers to some important questions about Canadian civil
liberties. What were to consequences of the commission's actions? Does Canadian society accept
the need to allow a government to violate individual liberties to protect the integrity of the state?
Furthermore, the following article will examine the nature of the civil liberties movement following
WWII, including the role of the media and civil liberties' organizations in increasing awareness of
the vulnerability of individual rights from state abuse. The purpose of this work is to demonstrate
the enormous potential in which Parliament could act independently in re-defining Canadians' civil
liberties while at the same time demonstrating the central role the Royal Commission on Espionage
played in stimulating the post-WWII civil liberties movement. The Royal Commission on Espionage
is only one black spot in the history of Canadian civil liberties but there remain many questions to
be asked about Canadians' willingness to trust and accept that dictates of the state.
25
Ketchell, Shelly D. "Re-locating Japanese Canadian history : sugar beet farms as carceral sites in Alberta and Manitoba, February 1942-January 1943." Thesis, 2005. http://hdl.handle.net/2429/16585.
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This thesis examines Alberta and Manitoba sugar beet farms as carceral sites for displaced
Japanese Canadians during the Second World War. Previous literature has focused on the
relocation of Japanese Canadians but has not addressed the many distinct sites that marked the
boundaries of incarceration for Japanese Canadians. By exploring issues of citizenship and
history, this thesis examines the many ways that regulation was imposed on Japanese Canadians
by state and extra-state organizations and individuals. This subject was explored using critical
discourse analysis of the Calgary Herald and the Winnipeg Free Press for a twelve month period
beginning February 1, 1942, two months prior to the announcement of the Sugar Beet
Programme and ending January 31, 1943, as original beet contracts covered only the 1942 crop
year.
My analysis follows two major themes: sugar beet farms as carceral sites and the use of
citizenship narratives to both legitimize and erase Japanese Canadian labour. Utilizing Fbucault's
notion of 'carceral', I show how disciplinary strategies were used to strip Japanese Canadians of
their social, economic and political citizenship. While Japanese Canadians were never formally
incarcerated, I argue that the term carceral needs to be reworked in order to include losses of
liberty that are not formally sanctioned. I examine newspaper reports regarding official state
policy, local community responses, protests and individual letters to the editors, and conclude
that, indeed, Japanese Canadians underwent surveillance, supervision, constraint and coercion,
all markers of incarceration.
Citizenship discourses were a crucial tool of both state and non-state agencies. Further,
'whiteness' was central to these discourses. Citizenship discourses such as patriotism and duty
were directed at 'white' citizens to encourage their acceptance of Japanese Canadian relocation.
Further, these same discourses were used to recruit a volunteer 'white' labour force. However,
despite the significant contributions of Japanese Canadians to this wartime industry, never were
these types of discursive rewards or the subsequent material benefits offered to them. Further, the
voices of Japanese Canadians were also silenced by the media. Thus, Japanese Canadians
became invisible and silent workers who could claim no voice and thus, no membership in the
nation.Arts, Faculty of
Sociology, Department of
Graduate
26
Boulay, Claude. "La relation changeante entre la Cour suprême du Canada et la société civile : l'impact des acteurs sociaux sur l'accès à la justice et la production du droit." Thèse, 2016. http://hdl.handle.net/1866/18362.
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27
Cournier, Marine. "Sociétés minières canadiennes et violations des droits de l’homme à l’étranger : le Canada respecte-t-il les prescriptions internationales en la matière?" Thèse, 2013. http://hdl.handle.net/1866/10446.
Full textAbstract:
La présente étude a pour objectif de vérifier si le Canada respecte les prescriptions internationales en matière de droits de l’homme et d’entreprises vis-à-vis de l’encadrement qu’il exerce sur les sociétés minières canadiennes évoluant à l’étranger.
En 2011, le Conseil des droits de l’homme de l’ONU a adopté des «Principes directeurs» afin de mettre en oeuvre le cadre de référence « Protéger, Respecter, Réparer » du Représentant spécial chargé de la question des droits de l’homme et des sociétés transnationales et autres entreprises. Selon ce cadre de référence, les États ont des obligations de protection et de réparation alors que les entreprises ont seulement la responsabilité de respecter les droits humains. Après six années de travail, le Représentant spécial John Ruggie, a fait le choix de formuler dans ses «Principes directeurs» des directives non contraignantes à l’égard des États et des entreprises afin de les aider à remplir leurs obligations et responsabilités vis-à-vis des droits de l’homme. Selon, l’ONU, cet instrument de portée universelle est le plus élaboré en la matière, si bien qu’il est recommandé aux entreprises et plus particulièrement aux États de s’y conformer lors de l’élaboration de leurs politiques respectives en
matière d'activité économique et de droits humains.
Il convient donc de vérifier d’une part si l’encadrement exercé par l’appareil législatif et
gouvernemental vis-à-vis des sociétés minières canadiennes évoluant à l’étranger est conforme au principe directeur «Protéger». D’autres part, il convient de vérifier si les recours judiciaires et extrajudiciaires disponibles au Canada remplissent les exigences du principe directeur «Réparer». Cette double analyse permettra de conclure que le Canada respecte dans les grandes lignes ces «Principes directeurs» mais qu’il pourrait faire bien plus notamment en terme d’accès à des réparations effectives pour les victimes étrangères de minières canadiennes.This study propose to assess whether Canada meets the international requirements of business and human rights in relation to the supervision it has on Canadian mining companies operating abroad. In 2011, the Human rights Council adopted the Special Representative’s Guiding Principles on Business and Human Rights in order to implement the United Nations “Protect, Respect and Remedy” Framework. According to this framework, States have obligations to protect and remedy while companies only have responsibilities to respect human rights. After six years of work, the Special Representative on Business and Human rights, John Ruggie, has chosen to give in its Guiding Principles non- binding recommendations in order to help States and businesses to encounter their obligations and responsibilities towards human rights. According to the UN, this universal instrument is the most developed in the field. Thus, it is strongly recommended that companies and especially States, comply those «guiding principles» when they elaborate their respective policies on economic activity and human rights. It is therefore necessary to check first if the supervision exercised by the legislature and the government on Canadian mining companies operating abroad succeeds to comply with the "Protect" principles. On the other hand, it must be checked whether the judicial and extrajudicial remedies available in Canada meet the requirements of the «Remedy" principles. This dual analysis will led to conclude that Canada meets broadly the "Guiding Principles" but could do much more, especially in terms of access to effective remedies for foreign victims of Canadian mining companies.
28
Van, Rensburg Angelique Gene Janse. "Aspekte van deursoeking en beslaglegging in Suid Afrikaanse openbare skole : n Vergelykende studie." Thesis, 2010. http://hdl.handle.net/10500/3921.
Full textAbstract:
Afrikaans textThe Canadian and South African legal systems established equivalent constitutional values and principles pertaining to searches conducted with or without a valid search warrant. It creates the basis for a comparative study on this particular aspect. The Supreme Court of Canada held in R v A. M 2008 S.C.C 19 random sniffer dog searches conducted without neither a reasonable suspicion nor any legislative authority on learners enrolled in public schools, is unconstitutional due to its infringement of a learner's reasonable expectation to privacy, as protected in section 8 of the Canadian Charter of rights and Freedoms. South African learners are randomly search by law enforcement officers by using sniffer dogs for purposes of detecting the possession of illegal drugs in instances without neither a reasonable suspicion nor statutory authority. The search is subsequently conducted in terms of the common law. The common law is not regarded as law of general application to limit a fundamental right in terms of the limitation clause. By taking into consideration the ratio in R v A. M (supra) the conclusion is subsequently that random sniffer dog searches conducted on learners in South African public schools, without neither a reasonable suspicion nor statutory authority, is unconstitutional which infringes section 14 of the Constitution of South Africa of 1996.
Die basis vir hierdie studie is ontleen aan die ooreenstemmende vereistes en beginsels in die Kanadese en Suid Afrikaanse reg ten aansien van deursoekings met of sonder 'n wettige lasbrief uitgevoer. In die Kanadese beslissing van R v A.M 2008 SCC 19 is die grondwetlikheid van ewekansige deursoekings met behuip van snuffelhonde op leerders sonder statutere magtiging uitgevoer, deur die Supreme Court of Canada as ongrondwetlik bevind aangesien 'n leerder wel oor 'n redelike verwagting op privaatheid beskik. Indien leerders sonder 'n redelike vermoede en statutere magtiging met behuip van snuffelhonde deursoek word, geskied dit ingevolge die gemenereg en dit word nie beskou as 'n algemeen geldende reg om 'n fundamentele reg kragtens die beperkingsklousule te beperk nie. Met inagneming van die ratio in R v A.M (supra) kan daar dus tot die gevolgtrekking gekom word dat ewekansige deursoekings met behulp van snuffelhonde op Suid Afrikanse leerders in die afwesigheid van 'n redelike vermoede asook sonder statutere magtiging uitgevoer, tans ongrondwetlike optrede daarstel wat op artikel 14 van die Grondwet van 1996 inbreuk maak.
Law (College)
LL.M.
29
Basdeo, Vinesh. "A constitutional perspective of police powers of search and seizure in the criminal justice system." Diss., 2009. http://hdl.handle.net/10500/3449.
Full textAbstract:
Before 1994 criminal procedure was subject to the sovereignty of Parliament and the
untrammelled law enforcement powers of the executive which resulted in the
authoritarian and oppressive criminal justice system of the apartheid era. The
Constitution, Act 108 of 1996 has since created a democratic state based on the
values of the supremacy of the Constitution and the rule of law. The basic principles
of criminal procedure are now constitutionalised in the Bill of Rights. The Bill of
Rights protects the fundamental rights of individuals when they come into contact
with organs of the state which includes the police. The Criminal Procedure Act 51 of
1977 authorises the police to search for and to seize articles, and has long provided
the only legal basis for obtaining warrants to search for and to seize articles and for
performing such actions without a warrant in certain circumstances. Generally the
standard for these measures and actions taken under their purview has been one of
reasonableness. Since the birth of the Constitution there has been additional
constraints on search and seizure powers. Not only are there now constitutionalised
standards by which such legal powers are to be measured, but there is also the
possibility of excluding evidence obtained in course of a violation of a constitutional
right. The provisions of the Criminal Procedure Act are now qualified by the
Constitution. Where feasible a system of prior judicial authorisation in the form of a
valid search warrant obtained on sworn information establishing reasonable grounds
is a precondition for a valid search or seizure. Search and seizure without a warrant
is permitted only in exceptional circumstances such as an immediate threat to
person or property. By prohibiting unreasonable searches and seizures the
Constitution places important limits on police efforts to detect and investigate crime.
The Constitution appreciates the need for legitimate law enforcement activity.Criminal and Procedural Law
LL.M.
30
Iushchenko, Igor Sergiiovych. "PROTECTING MINORITY SHAREHOLDERS IN CIVIL AND COMMON LAW SYSTEMS: CANADIAN, UKRAINIAN AND GERMAN EXAMPLES." Thesis, 2012. http://hdl.handle.net/10222/15336.
Full textAbstract:
This thesis analyses minority shareholder protection in common law and civil law systems. Principally, this is done by examining closely-held corporations created under Canadian, Ukrainian and German laws. It examines minority shareholder protection by critically analyzing voting and related rights, the right to information; withdrawal from the company, expulsion right, the dissolution of a company, derivative action and direct action. The thesis also summarizes problems in the civil law system that cannot be solved in favor of minority shareholders. In addition to the above-mentioned, it provides possible solutions to the problems of minority shareholder protection in the civil law system, that is, methods by which to increase protection for minority shareholders against the majority and/or directors. Specifically, it focuses on cumulative voting, common law director’s duties, derivative action and the oppression remedy. Moreover, this thesis analyzes the possibility of incorporating some institutions into civil law legislation and considers obstacles to implementing them.
31
Torres-Ceyte, Jérémie. "Les contrats et les droits fondamentaux : perspective franco-québécoise." Thèse, 2016. http://hdl.handle.net/1866/15969.
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