Texte manuscrit de: Th. doct.--École des gradués--Université Laval, 1989. Titre de soutenance : Vestiges matériels et modes de vie : archéologie de six maisonnée bourgeoises de Québec et de Louisbourg au milieu du XVIIIe siècle. / Texte dactylographié. Bibliogr. p. 323-334 du vol. 1 et p. 351-362 du vol. 2.

This thesis analyses the nature and common law history of copyright, highlights the problematic aspects of the current Canadian legislation with respect to archival material, proposes revisions to the law which would take into account the special nature of this material, and provides some suggestions to archivists who have to deal with the copyright dilemmas encountered in the daily, routine administration of an archival institution. Copyright legislation has traditionally grouped archival and library material under one section on special exemptions, notwithstanding the fact that archival material has characteristics which dictate a treatment fundamentally different from that of library material. Therefore, this thesis focuses on copyright as it relates specifically to archival material in order to present recommendations for its adequate treatment under the copyright law. This is not a legal paper, and does not presume to give an exhaustive legal study of all of the ramifications of copyright legislation. It is intended as a review of those copyright issues which are of special interest to archivists. Because Canada derives its common law tradition from Great Britain and is often influenced by American legislation, the earlier British legislation and more recent copyright legislation in the United States and Great Britain are studied and compared to the present Canadian legislation. Because legal trends generally first appear in court decisions before they become codified in statute, decisions found in recent case law, as well as their discussion in current legal literature are examined. The official recommendations which have been made to the Canadian government for the revision of copyright law are also analyzed. It is concluded that the Canadian statute must be revised to reflect the unique nature of archival material. Archival documents are not created for sale, distribution, display, or publication. They are the instruments of transactions, natural by-products of practical activities, means to purposes; they lack the autonomy of final products, and are non-commercial by nature. This thesis recommends that a separate piece of copyright legislation for archival material be introduced to deal effectively with these unique characteristics. / Arts, Faculty of / Library, Archival and Information Studies (SLAIS), School of / Graduate

This study consists of a qualitative analysis on the subject of human trafficking in Canada. It is intended to explore the steps that have been taken to address the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementary Legislation to the Convention Against Transnational Organized Crime (2000c), also known as the Palermo Protocol, and examine Canada’s commitment to changing the international and domestic context in which human trafficking takes place. Through exploration of Canadian legislation, literature and prosecutions presented in Canadian courts between January 2005 and December 2011, this research aims to establish whether Canada has shown a commitment to ending and preventing the problem of human trafficking that is consistent with the Recommended Guidelines published by the office of the United Nations High Commissioner on Human Rights (2002). A nominal coding scheme was used to show in basic terms the level of commitment Canada is showing toward combating the issue of human trafficking, both internationally and domestically. Results indicate that while Canada has met minimum standards by implementing anti-trafficking legislation in 2005 which is consistent with the Palermo Protocol, the country is falling short of commitments to combat human trafficking due to inadequate victim protection measures, lack of standardized data collection procedures and insufficient efforts to combat and prevent the root causes of trafficking.

In the last decade or so political scientists have found the pluralist and marxist theoretical perspectives wanting for their inadequate attention to the causal role of states. In response, a burgeoning international literature has emerged which sets out to develop a state-centred theoretical perspective. This study is deeply informed by the emerging statist theoretical perspective. This thesis explores the relative capacity of the federal state to increase its autonomy in relation to the powerful oil MNCs in the period 1973-84 through an expanded federal presence in the energy sector. Whereas many scholars have assumed that a positive relationship existed between state capacity and the effectiveness of state intervention, Evans and Ikenberry for instance argue that an almost inverse relationship exists between the magnitude of intervention and its effectiveness. In Canada the literature on federalism has long been cognizant of the important role of states. This thesis therefore attempts to fuse the two bodies of literature, namely statism and federalism, in order to shed added light on the development of federal oil policy during 1973-84. The fact that the Canadian state is federal accounts for the recurring tendency for the energy issue to be redefined from its "obvious" focus on state-oil industry relations to intrastate issues (federal-provincial relations). A major contribution of this thesis is to explore the circumstances in which jurisdictional concerns deflect attention from policy substance - and also to those in which the reverse occurs. The thesis finds that when one level of government sought to become more independent of dominant societal actors, such as the oil industry, the intervention, whether so intended or not, was redefined to follow intergovernmental lines of conflict, rather than state-society lines of conflict. The nature of the issues also changed as distributional problems became subsumed under and were driven by the jurisdictional concerns of governments. This increased the policy interdependence between the two levels of government, squeezed out industry interests from intergovernmental deliberations, and generated intervention aimed directly at curtailing the power of the other level of government. This intervention which at first rendered the aggregate state less dependent on the oil industry by for example the creation of Petro-Canada, and later by the NEP, ultimately backfired on the state, at both levels. Important world oil market changes, intergovernmental conflicts and stalemates, deteriorating economic performance, industry reactions, and other mounting economic and political problems undermined the federal government's intervention and led to concessions for the industry. Such concessions were therefore the product of an increasingly irrelevant regulatory framework rather than purely a reflection of the power of the oil industry as such. This thesis confirms in general terms Ikenberry's finding that an inverse relationship exists between the degree and magnitude of intervention and its effectiveness. Evans and Ikenberry see this most clearly in relation to NOCs, that is in their propensity to evade state control schemes and to undermine centralized state control. In Canada the opposite change.exacerbated conflicts, namely the efforts by governments to shore up their capabilities as corporate actors and the emergence of "political federalism" which saw decision-making becoming centralized within each government, in the hands of decision-makers with jurisdiction-wide concerns. The ensuing process of intrajurisdictional policy coordination not only exacerbated conflicts but also oriented the emerging policy instruments along intergovernmental lines. Another contributing factor was the learning process that decision-makers underwent in the intergovernmental arena. In addition, 'policy mobilization' in the NEP served to link Petro-Canada closer to the political objectives of federal elites. Therefore, while the effects are the same in Canada, the process is almost the reverse of the one described by Evans and Ikenberry. Evans and Ikenberry see ineffective state intervention largely as the product of state actors mobilizing societal actors and state and societal actors becoming more closely linked. This study supplements the statist literature by noting that the attempts of a number of interventionist governmental actors to introduce comprehensive and more independent interventionist strategies heightened conflicts, generated inefficiencies and essentially caused the intervention to fail. / Arts, Faculty of / Political Science, Department of / Graduate

In this thesis, a model of producer behavior for a regulated utility that fully takes into account the dynamic nature of the capital accumulation process of the firm is developed and empirically implemented using recent data on Bell Canada. On the basis of this model of producer behavior, loss formulae that approximate the value of foregone output due to imperfect regulation in a dynamic context are derived and estimates of the deadweight loss in the case of Bell are provided. The estimation results indicate the importance of dynamic elements, such as expectations and adjustment costs of investment, in modeling the behavior of Bell. They also suggest that rate of return regulation may have affected the investment decisions of the utility. / Arts, Faculty of / Vancouver School of Economics / Graduate

This thesis examines the conditions under which a defense of religious freedom can be successfully argued before the courts. It is acknowledged that freedom of religion has long existed in Canada but the defense of religious freedom in criminal prosecutions has not often been accepted by the Canadian Courts. The author thinks that the Canadian Charter of Rights and Freedoms puts the defense of religious freedom in a more favourable position by making it possible for Canadian judges to proceed to a balancing test that up to now they have been reluctant to use. Besides the question of the balancing test, various problems revolve around the defense of religious freedom in criminal prosecutions. The first section examines the social and historical context of religious freedom in Canada. The second section is located in a more legal perspective. A survey of the Canadian cases is made in order to comprehend the answers that Canadian judges have given in the criminal prosecutions where the defense of religious freedom was raised. In looking at the Canadian decisions on that issue, four basic problems call for solutions. The following sections deal respectively with those questions. Section 3 raises the issue of the definition of religion and religious activities. Section 4 points out a new understanding of the concept of infringement. In Section 5, the notion of balancing test is examined in light of American decisions and its application to the defense of religious freedom is considered. Finally, the necessity of a theory justifying the defense of religious freedom is explored in Section 6. In conclusion, this study stresses the impact the Charter will have upon the acceptance of the defense of religious freedom by Canadian courts. To the problems that have been identified, the author proposes some solutions, bearing in mind that the future of the defense of religious freedom in Canada depends on whether or not Canadian judges will consider that the Charter has introduced a new era in the exercise of fundamental freedoms in Canada. / Law, Peter A. Allard School of / Graduate

This thesis analyzes the information and legal protection provided to the Canadian condominium purchaser. A comparison is made as to the effectiveness of relevant legislation in Canadian jurisdictions and where deficiencies are perceived the thesis makes proposals for reform. / Law, Peter A. Allard School of / Graduate

A research project was designed to identify and analyze the issues which are involved in guaranteeing the equal protection of the law in Canada with respect to the right to be informed of the right to counsel upon detention or arrest and the right to the assistance of an interpreter in legal proceedings in the case of non-native speakers of English. A comparative, multidisciplinary study design allowed the differences among social science views, practitioners' commonsensical knowledge, and legal viewpoints as expressed in reported judgements to be identified. Each of the three sources of viewpoints on cross-cultural interrogation and courtroom interaction was examined with a view to determining the range of phenomena recognized. The study did not attempt to evaluate the social science studies on their own terms, measure the distribution of commonsense knowledge among practitioners, or determine the state of the law on any particular point. The goal was rather to compare the breadth of the legal system's vision with that of social scientists and practitioners, in order to determine whether there will be a need to supplement the court's view. The results suggested that court interpreters vary greatly in their overall competence, including language ability, and in their understanding of what their role is. Training and certification of court interpreters appears to be the only solution which will satisfy the constitutional guarantee of equal protection. Informing the suspect of his right to counsel presents substantial linguistic and cultural problems, only some of which are addressed by the courts. In legal proceedings, the right to the assistance of an interpreter raises fundamental questions concerning the point at which the right to an interpreter arises and how entitlement is to be determined. Practical solutions implied by the research include establishing a bilingual courtroom observer program to safeguard against inadequte interpretation going unnoticed; cautioning the suspect as to his right to counsel in his native language rather than in English, perhaps through audio tape recordings; and establishing a combination translation and legal advice center which could be contacted by calling a toll-free telephone number such as 800-ESL-HELP. / Education, Faculty of / Language and Literacy Education (LLED), Department of / Graduate

Contemporary Canadian television suffers from a severe lack of indigenous programming. The majority of programming available on Canadian television screens comes from foreign sources, predominantly the United States, and most of the programs watched by Canadian viewers are American. The dominance of American programming in Canada has resulted in a television system in which indigenous programming plays a minor role. If the Canadian television system is to achieve the aims for which it was created, domestic programming must become a vital force in the system. What is needed are domestic programs that deal with Canadian nationalism. In this thesis, Canadian nationalism will be defined, and methods for creating television programs in which nationalism is an influential force will be proposed. The suggested changes will focus on entertainment programming, as this is the most popular programming category in Canada. The type of programs necessary will be discussed in detail, and other actions that will help create a framework in which creation of these programs is possible will be outlined. This thesis will show why it is vital that nationalism becomes a significant aspect of entertainment programming, how this can be achieved, and why it should occur as soon as possible. / Arts, Faculty of / Theatre and Film, Department of / Graduate

This study seeks to explain the observed differences in the earnings of individual Canadians by sex. The study uses data from the micro data file of the 1986 Survey of Consumer Finances of individuals age 15 and over, with and without income. To a large extent, the study follows the examples presented in other Canadian studies conducted by Holmes (1974), Robb (1978), Gunderson (1980), Goyder (1981) and Ornstein (1983). Employment earnings account for an overwhelming proportion of the total income received by individuals. Thus, the examination of the earnings differential attempts to address the root causes of many of the problems faced by nontraditional families. Canadian society is no longer largely composed of the traditional family with a working father and the homemaking mother. The growing number of dual-earner couples, single and childless adults, and households headed by women presents a difficult challenge for social policy. The male-female earnings disparity is a key component in exacerbating problems that include the availability of credit for women, the feminization of poverty, access to affordable and adequate housing, and adequate incomes for retirement. To effectively address the problems that have resulted from the interaction of greater female participation in the labour force and the formation of alternate household types, planners and policy makers need to address the root problem of sexual inequality in the labour force, and not solely the symptoms. In the context of changing family structure and the economic position of women, the focus of this study is to identify the size of the male-female earnings gap, and to determine the extent to which the earnings gap can be explained by personal, work and productivity-related characteristics. The impact of these factors are analyzed from two points of view. First, the impact of individual factors on the level of earnings are analyzed through a simple comparison of mean earnings of men and women across a variety of characteristics. Second, the influence of these factors on earnings, and the degree of inequality between the earnings of men and women, is analyzed using multiple linear regression analysis. Regression analysis is used to estimate separate earnings equations for men and women. From the separate earnings equations, the wage gap can be partitioned into three parts, due to differences in (1) constant terms, (2) mean levels of the independent variables, and (3) the returns of the independent variables. Further, to assess the impact of occupational and industrial segregation on the earnings gap, a second set of earnings equations are calculated that do not include measures of occupational and industrial segregation. The calculations of separate earnings equations for men and women, for the selected sample, produced an unadjusted earnings ratio of 0.66. After adjustments were made for the ten productivity and productivity-related factors considered in the analysis, including occupational and industrial distributions, the ratio increased to 0.79. This left an earnings gap of $5,985 (1985 dollars) that could not be assigned to any of the measured variables. While part of the unexplained residual may be explained by variables not included in the analysis, or by more careful measurement of existing variables, it seems likely that at least 20 percentage points of the earnings gap is attributable to "an amalgam of different forms of discrimination which, taken together, disadvantage women relative to men", (Denton and Hunter, 1982). Discrimination is defined as different returns in earnings for equal productivity characteristics, as given by the regression coefficients. Of the total earnings gap of 34 percent, approximately 60% of this is attributable to wage discrimination, and approximately 40% is due to differences in productivity-related characteristics Occupational and industrial segregation account for a large proportion of the earnings gap. The adjusted earnings ratio, when occupational and industrial segregation are not considered endowments, is 0.69. Thus, the difference between the full-regression equation and the partial regression equation indicates that occupational and industrial segregation accounts for approximately 30% of the earnings gap. / Applied Science, Faculty of / Community and Regional Planning (SCARP), School of / Graduate