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Common-law spousal relationships have become increasingly common with a growing number of Canadians electing to enter into them. This thesis appreciates the injustices suffered by common-law spouses during and at the termination of their spousal relationships, and reinforces the view that the denial of marital property benefits dishonors the dignity of common-law spouses. Common-law spouses experience similar needs as their married counterparts when the relationship ends. Most of the current functions of marriage can be fulfilled within common-law spousal relationships and should more appropriately be called functions of the family. / Both Canadian courts and the legislatures have acknowledged and responded to the injustices that often flow from power imbalances in unmarried persons' families and have thereby given increased recognition to common-law spousal relationships. They have taken stock of the fact that by not recognizing the rights of common-law spouses in Canada on the basis of their marital status is an affront to justice. Legislatures have also enacted various statutes and have amended existing ones to extend certain rights to common-law spouses. / The various ways in which the rights of common-law spouses have been recognized in Canada will be examined and discussed, in particular the remedial notion of constructive trust which is imposed by courts to prevent injustice and unjust enrichment. It is argued this notion of constructive trust has proven effective, especially in cases where property is being divided after a long-term intimate relationship. Common-law spouses have advanced constitutional challenges in their quest to benefit from marital benefits and protections in their relationships since it is argued that both relationships are functionally the same. / Finally, this thesis suggests lessons that can be learned from the Canadian developments of recognizing common-law spouses. It also concludes by examining similar developments that have taken place in other countries of Europe and Africa.

This study investigates successful small Canadian firms that export. Four factors are considered from a theoretical perspective as variables that have affected the success of these firms. Regimes define the international and national environment. State support is studied as a strategic factor at the domestic level. Networks are considered as both strategic and organizational factors at the firm level. The study of internal factors considers organizational capability and strategy at the firm level. / The empirical research was conducted through field studies and a questionnaire that was completed during an in-depth interview with the president, founder or principal officer of 21 firms in the cross-sectional sample (in Ontario and Quebec) and telephone interviews for the 13 firms in the supplementary sample (in Nova Scotia and British Columbia). All interviews in Ontario and Quebec were videotaped and case records were developed for each firm. Additional data are based on information from the Industry, Science, Technology (Canada) data bank and the researcher's observations of principal actors and operations of the sample firms. / A Technological Skill and Product Maturity Typology is developed to categorize firms into quadrants according to product maturity and technological sophistication. The typology has been designed as an analytical tool to categorize firms according to strategic focus. This typology provides a framework for the analysis of firm needs and for the evaluation of the usage and effectiveness of support programs by firms. / This study offers a typology for classifying firms by start-up mode: the entrepreneur with a classic start-up, with a spin-off, with an acquisition, and with experience in an established firm. Mode of start-up was not significantly associated with specific strategic sectors. Results suggest that the qualities of the entrepreneur responsible for successful start-up are imprinted on successful small firms. This entrepreneurism provides significant strategic advantage for firms competing in international markets. / The results of this study indicate that small firms in diverse industries, with very different products and strategic advantages can use entrepreneurial leadership, strategy, and innovation to take advantage of changing international regimes, favourable domestic factor conditions, and state support to compete successfully in international markets.(Abstract shortened by UMI.)

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This qualitative study examines the influence of culture on the teaching and learning process in an eastern Canadian college nursing program. The study reveals incongruency between the ideals of multiculturalism and teaching and learning processes. While teachers perceive they have the requisite skills to fulfill the content objectives using various pedagogical methods set out by the curriculum, they are not always able to promote successful achievement of these objectives in a multicultural student population. Moreover, students experience special learning difficulties in their interactions with teachers when the learning environment is unfamiliar to them and their own cultural identity and life values are not well understood. / The study concludes that the content of nursing education curricula needs to be broadened to include attention to cultural considerations. Most importantly, teachers practicing within multicultural student populations need training in cultural sensitivity and in developing culturally appropriate pedagogical approaches.

This thesis addresses the question of educating for democratic development from the perspective of women leaders in community development organizations. The goal of this study is to expand our current understanding of education by giving voice to women's insights and experiences while considering their philosophical and practical contributions to the field. / Education is first considered in its traditional form as a static phenomenon which promotes hierarchy and perpetuates the status quo. The deconstruction of oppression is then addressed in order to develop a theoretical framework of critical, feminist and engaged pedagogies. This framework offers insight into a reconstruction of education as an instrument for promoting social responsibility and social action. / Nine women leaders in social action are interviewed using qualitative and phenomenological research methodologies. Their motivations, philosophies and organizational practices, and ideas are considered in the context of education. As a result, the insight that these women offer to the field of education is revealed and illustrated.

This thesis is a description of the process of constructing a productive Other for the purpose of being admitted into Canada as a Convention refugee. The manuscript is divided into two parts: in Part One, The Claimant, the process of claiming refugee status is analyzed with respect to two actual cases which were transcribed in Montreal in 1987, and contextualized by reference to the laws and jurisprudence that underlie it. In Part Two, The Other, I re-examine the entire process with reference to methodologies from the realm of discourse analysis and interaction theory, paying special attention to the works of Marc Angenot, M. M. Bakhtin, Pierre Bourdieu, Erving Goffman, Jurgen Habermas, Jean-Francois Lyotard and Teun Van Dijk, in order to illustrate the movement from Refugee claimant to claimant as "diminished Other."

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No description available.

The Canadian Charter of Rights and Freedoms has significantly changed the functions of the Canadian courts. Ever since its entrenchment in 1982, the third branch of government has enjoyed a powerful status in the Canadian polity. Countless Charter decisions, affecting the lives of all Canadians, have been rendered. The courts have been asked to rule on cruise missile testing, abortion, aboriginal rights, minority language rights and a whole range of other issues of a political, economic or social nature. Our political system, whose traditional foundations lay in the principle of parliamentary supremacy, has become one of constitutional supremacy. The new and powerful status of the nonelected judiciary has raised serious questions not only regarding the legitimacy of judicial review under the Charter but also the institutional capacity of the courts to face the Charter challenge. The author examines the nature of the judiciary's policy-making function under the Charter in order to determine the extent to which the courts are equipped to fulfil their task. The thesis suggests that in order to face the Charter challenge effectively, the courts can no longer operate within the framework of the traditional adversary process. Instead, the courts must constantly look to the prevailing values in our society as well as examine thoroughly social and scientific phenomena before rendering an "informed" policy decision. This can only be achieved through a coherent framework of Charter analysis and effective ways in handling extrinsic materials. The focus of the present paper is on section 1 of the Charter which, due to its open-ended language, most clearly invites courts to make policy-type decision.