This dissertation argues that the idea of constitutional rights transformed Canadian constitutional law well before the entrenchment of the Canadian Charter of Rights and Freedoms. Specifically, it locates the origins of Canada’s twentieth-century rights revolution in the constitutional thinking of scholars, lawyers, judges, and politicians at mid-century (1930-1960). Drawing on archival documents, personal papers, government reports, parliamentary debates, case law, and legal scholarship, this work traces the constitutional thought and culture that first propelled human rights and fundamental freedoms to the forefront of the Canadian legal imagination. As a work of legal history, it also seeks to revive the dormant spirit of constitutional history that once pervaded the discipline of Canadian constitutional law. The Introduction situates the chapters that follow within the emerging Canadian historiography of rights. Chapter Two traces the origins of Frank Scott’s advocacy for constitutional rights to the newer constitutional law, an approach to constitutional scholarship sparked by the social and political upheavals of the Depression, and the influence of Roscoe Pound’s sociological jurisprudence. Chapter Three explores the varied dimensions of the Second World War’s influence on the nascent idea of Canadian constitutional rights. In particular, the rapid rise of the wartime administrative state produced a rights discourse that tended to reflect the interests of property while ignoring the civil liberties of unpopular minorities. Chapter Four examines the rise of a politics and scholarship of rights in the years immediately following the war. In response to international rights ideals and continuing domestic rights controversies, scholars and lawyers sought to produce a theory of Canadian constitutional law that could accommodate the addition of judicially-enforced individual rights. If not entirely successful, their efforts nonetheless further reoriented the fundamental tenets of Canadian constitutional law. Chapter Five reveals the influence of Canada’s emerging constitutional culture of rights on the jurisprudence of the Supreme Court of Canada, particularly Justice Ivan Rand and his conception of an implied bill of rights. Together, these chapters demonstrate the confluence of ideology, circumstance, and personality – the constitutional history – that altered the future of Canadian constitutional law.

The first generation of agricultural crops developed using biotechnology have offered the primary producers of the crops agronomic benefits. Some consumers have resisted accepting this technology because of concerns with food and environmental safety, and ethical issues that arise from the processes that are involved in developing these products. The second and third generation of agricultural biotechnology are being developed to offer products with direct benefits to consumers. The focus of this thesis is the second generation, which have added health benefits. Specifically, the obstacles to commercialization of functional foods derived through biotechnology are examined. The three factors which have the potential to set back commercial introduction of functional foods derived through biotechnology are government regulatory uncertainty, consumer aversion and brand risk, and gaining access to intellectual property. The regulations governing functional foods are examined to show the regulatory ambiguity that exists in Canada. Comparisons are drawn to other nations. Literature that focuses on consumer aversion to agricultural biotechnology is reviewed, along with consumer preference studies with regards to genetically modified (GM) foods with and without health benefits. Transaction cost economics literature is used to analyse the problems related to gaining access to intellectual property and the resulting supply chain implications. Three separate theoretical models are developed to examine each of the three factors separately. Government regulatory uncertainty is incorporated into an expected profit model to show the effects of increased uncertainty on the expected profit from a new technology. A heterogeneous consumer preference model is used to show the effects of changing consumer preferences on the market share of the firm introducing the GM functional food to the market. Simulation analysis using this model shows the effects of changing variables on the market shares of three products in the market. Finally a stylized model of the vertical market shows the effects of increased transaction costs incurred in gaining access to intellectual property on the rent that is available for distribution throughout the supply chain. The results show that these factors could be an obstacle to commercial development of functional foods derived through biotechnology. When the three factors are combined, the rent available for distribution is important for the success of the supply chain. Multiple bilateral monopoly negotiations cause this rent to be less than optimal. Increased levels of government regulatory uncertainty, consumer aversion and brand risk, and costs gaining of access to intellectual property decrease the expected rent available for distribution. This could be a problem facing developers of functional foods derived through biotechnology.

This paper analyses the effects of tying arrangements involving IP rights on innovation. Tying, with its ability to temporarily exclude others from the potential benefits deriving from innovation, is pro-innovative by providing firms the incentive to allocate resources to realize newer and better products. However, when tying is used with or in place of IP rights to only help protect entry or growth into a market, it could discourage innovation. Market dominance, especially coupled with technological tying can create a barrier towards competition. It is shown that most pro-competitive effects of tying can also be seen as pro-innovatory as intense competition in the marketplace is shown to lead to innovation. In more competitive markets firms are pushed to innovate in order to maintain or improve their positioning for their products. The courts are faced with a difficult balancing judgment regarding product tying involving IP.

The thesis explores the concept of International Arbitration, an alternative to litigation. It argues the benefits and the inherent limitations parties are likely to face while resorting to this instrument to resolve Transfer of Technology and Intellectual Property related disputes. The paper further explains how Arbitrability limitations can be taken care of in relation to transfer of technology disputes. Emphasis is placed on the institutional role of the World Intellectual Property Organization’s Arbitration and Mediation Center as an appropriate arbitration forum to deal with complex technological and Intellectual Property related disputes.

This paper analyses the effects of tying arrangements involving IP rights on innovation. Tying, with its ability to temporarily exclude others from the potential benefits deriving from innovation, is pro-innovative by providing firms the incentive to allocate resources to realize newer and better products. However, when tying is used with or in place of IP rights to only help protect entry or growth into a market, it could discourage innovation. Market dominance, especially coupled with technological tying can create a barrier towards competition. It is shown that most pro-competitive effects of tying can also be seen as pro-innovatory as intense competition in the marketplace is shown to lead to innovation. In more competitive markets firms are pushed to innovate in order to maintain or improve their positioning for their products. The courts are faced with a difficult balancing judgment regarding product tying involving IP.

The thesis explores the concept of International Arbitration, an alternative to litigation. It argues the benefits and the inherent limitations parties are likely to face while resorting to this instrument to resolve Transfer of Technology and Intellectual Property related disputes. The paper further explains how Arbitrability limitations can be taken care of in relation to transfer of technology disputes. Emphasis is placed on the institutional role of the World Intellectual Property Organization’s Arbitration and Mediation Center as an appropriate arbitration forum to deal with complex technological and Intellectual Property related disputes.

This thesis locates John G. Diefenbaker’s electoral triumphs in the general elections of 1957 and 1958 and his subsequent world tour within the context of the revival of Conservative nationalism in the postwar period. To make his case against a Liberal government that had been in power for twenty-two years, Diefenbaker had to engage the public in a response to political events based on an appreciation of an abstract and not quite palpable threat to democracy and a national way of life. He did so by harnessing the persuasive techniques of public relations and the new medium of television—a powerful combination that Diefenbaker knew could most effectively tell and sell a national narrative. The signature he settled on was the “New National Policy.” The choice harkened back to a discourse of Conservative nationalism that spoke of the antiquity of his party ideology and rediscovered the heroes who founded the nation. The “New National Policy” was a therapeutic ethos designed to assuage voters’ fears about mass consumption, continentalism, communism, and the end of empire: it ensured that the greatness of events and men of the past could guarantee the ideas and values of the present; it was gendered in its construction of patriotic manhood, exalted motherhood, and icons of nationalist ideology; it was transnational in scope; it told of a relation of cause-and-effect that resembled a theory of history more than a blueprint for public policy; it was fashioned to disarm critical analysis because it conformed to the structures and traditions of storytelling and the clichés of historical memory. This thesis makes three interrelated arguments. First, it argues that the systems of values and meanings on which Diefenbaker drew cannot be understood by analyzing his personal foibles or tracing his rise and fall through a series of events. Partisan narratives are built out of the dialectical interchange between warring political ideologies and are stories fitted to character, circumstance, and experience. Second, it suggests that Diefenbaker was a transitional figure whose vision, message, leadership style, and public relations campaign seemed to best fit the barely discernable dimensions of the political and cultural change of the immediate postwar decades. Finally, by examining resurgence of Conservative nationalism in the context of imperial decline, it seeks to show that partisan narratives in English Canada in the 1960s cannot be understood outside of the larger transnational contexts in which they emerged.

This dissertation argues that the idea of constitutional rights transformed Canadian constitutional law well before the entrenchment of the Canadian Charter of Rights and Freedoms. Specifically, it locates the origins of Canada’s twentieth-century rights revolution in the constitutional thinking of scholars, lawyers, judges, and politicians at mid-century (1930-1960). Drawing on archival documents, personal papers, government reports, parliamentary debates, case law, and legal scholarship, this work traces the constitutional thought and culture that first propelled human rights and fundamental freedoms to the forefront of the Canadian legal imagination. As a work of legal history, it also seeks to revive the dormant spirit of constitutional history that once pervaded the discipline of Canadian constitutional law. The Introduction situates the chapters that follow within the emerging Canadian historiography of rights. Chapter Two traces the origins of Frank Scott’s advocacy for constitutional rights to the newer constitutional law, an approach to constitutional scholarship sparked by the social and political upheavals of the Depression, and the influence of Roscoe Pound’s sociological jurisprudence. Chapter Three explores the varied dimensions of the Second World War’s influence on the nascent idea of Canadian constitutional rights. In particular, the rapid rise of the wartime administrative state produced a rights discourse that tended to reflect the interests of property while ignoring the civil liberties of unpopular minorities. Chapter Four examines the rise of a politics and scholarship of rights in the years immediately following the war. In response to international rights ideals and continuing domestic rights controversies, scholars and lawyers sought to produce a theory of Canadian constitutional law that could accommodate the addition of judicially-enforced individual rights. If not entirely successful, their efforts nonetheless further reoriented the fundamental tenets of Canadian constitutional law. Chapter Five reveals the influence of Canada’s emerging constitutional culture of rights on the jurisprudence of the Supreme Court of Canada, particularly Justice Ivan Rand and his conception of an implied bill of rights. Together, these chapters demonstrate the confluence of ideology, circumstance, and personality – the constitutional history – that altered the future of Canadian constitutional law.

This thesis locates John G. Diefenbaker’s electoral triumphs in the general elections of 1957 and 1958 and his subsequent world tour within the context of the revival of Conservative nationalism in the postwar period. To make his case against a Liberal government that had been in power for twenty-two years, Diefenbaker had to engage the public in a response to political events based on an appreciation of an abstract and not quite palpable threat to democracy and a national way of life. He did so by harnessing the persuasive techniques of public relations and the new medium of television—a powerful combination that Diefenbaker knew could most effectively tell and sell a national narrative. The signature he settled on was the “New National Policy.” The choice harkened back to a discourse of Conservative nationalism that spoke of the antiquity of his party ideology and rediscovered the heroes who founded the nation. The “New National Policy” was a therapeutic ethos designed to assuage voters’ fears about mass consumption, continentalism, communism, and the end of empire: it ensured that the greatness of events and men of the past could guarantee the ideas and values of the present; it was gendered in its construction of patriotic manhood, exalted motherhood, and icons of nationalist ideology; it was transnational in scope; it told of a relation of cause-and-effect that resembled a theory of history more than a blueprint for public policy; it was fashioned to disarm critical analysis because it conformed to the structures and traditions of storytelling and the clichés of historical memory. This thesis makes three interrelated arguments. First, it argues that the systems of values and meanings on which Diefenbaker drew cannot be understood by analyzing his personal foibles or tracing his rise and fall through a series of events. Partisan narratives are built out of the dialectical interchange between warring political ideologies and are stories fitted to character, circumstance, and experience. Second, it suggests that Diefenbaker was a transitional figure whose vision, message, leadership style, and public relations campaign seemed to best fit the barely discernable dimensions of the political and cultural change of the immediate postwar decades. Finally, by examining resurgence of Conservative nationalism in the context of imperial decline, it seeks to show that partisan narratives in English Canada in the 1960s cannot be understood outside of the larger transnational contexts in which they emerged.

There has been considerable debate within the field of Japanese intellectual history with respect to the influence of Nishida Kitarō (1870-1945) on the ideological foundations and philosophical justification of Japanese fascism. One of the most influential Japanese thinkers of the twentieth century and widely considered to be the father of modern Japanese philosophy, his contemporary relevance is considered to be at risk should these accusations be true. As such, contemporary scholars have attempted to show how Nishida’s philosophy was decidedly anti-fascist, and that he was in fact opposed to the actions of the wartime regime. However, as this thesis will argue, by considering Nishida’s philosophy within the larger historical context of global modernity one can see that his contemporary relevance lies in just that which allows one to consider his thought as fascist, his critique of modernity. Nishida was reacting to the transforming social and cultural landscapes that had followed the modernization of Japan initiated by the Meiji Restoration (1868). As a result, he attempted to posit a transhistorical ideal of Japanese culture, embodied concretely in the Emperor that could withstand the social abstractions of modernity. However, it was ultimately his failure to grasp his own conditions of possibility in the very modernity that he was critiquing that pushed his thought increasingly to the right, helping to fuel and legitimize the emerging fascist ideology.