The presence of the Charter of Rights and Freedoms in the Constitution of Canada has transformed the historic discourse about what types of people should be appointed to the Supreme Court and the manner in which they should be selected. During the period between 1949, when the Supreme Court replaced the Judicial Committee of the Privy Council in Britain as Canada's highest appellate body, and the Charter's entrenchment in 1982, the debate centered almost exclusively on questions of federalism. Specifically, the provinces argued that in a federal country, it is inappropriate that the status and composition of the court of last resort be left to the sole discretion of the central government. The Charter, with its enumeration of a variety of social categories, has produced new demands that the Court be more socially representative. Feminist legal scholars and women’s advocacy groups claim that a more representative judiciary in general and Supreme Court in particular would perform both symbolic and instrumental functions, while ethno cultural organizations have to date concentrated almost solely upon the symbolic dimension. By contrast, claims for self-government and separate justice systems illustrate that many aboriginal leaders believe their peoples’ grievances can best be met through disengagement from, rather than further integration into, Canadian political and legal processes. The Charter's presence also has conditioned demands for are formed appointment process. Now that the Court is to serve as the arbiter of citizen-state relations, many suggest, it is improper for the state to have sole control over who is appointed to that body, and therefore a more participatory and pluralistic appointment process is advocated. Clearly, these two broadly-defined reform agendas can conflict with one another. While the provinces demand more diffuse government involvement in the appointment of judges, those concentrating on the Court's Charter responsibilities believe that the state already unduly dominates the process. However, the current debate has further, largely unexplored consequences for potential reform. The failure of most participants in the debate, be they governments, scholars or advocacy groups, to articulate coherent approaches to questions of jurisprudential theory, combined with the difficulties inherent in applying the concept of representation to a judicial body, renders their critiques less valuable as guides to reform. Worse, their inadequate treatment of these issues often results in such critics undermining the legitimacy of the institution whose reform they seek. / Arts, Faculty of / Political Science, Department of / Graduate

This paper is a critical reflection upon commonly found distortions in the representations of the lives of Canadian women of South Asian origin in the Vancouver Sun. The strategy adopted consists in presenting first, the views of three South Asian women activists who acted as collaborators and analyzed the constituted sample of articles; second, feminist anthropological readings are used to draw upon a theory of discourse which looks at news-products as active elements in the construction of reality. It is then argued that by focusing on a narrow range of topics, the prevalent media discourse encourages news readers to develop a homogenous perspective on Canadian women of South Asian origin. The depictions in the press suggest that not only are these women oppressed, but this oppression originates in elements of their own culture and assimilation is only possible by relinquishing these "oppressive" cultural traits. It is argued that the media reinforces the dominant patriarchal, racist and classist discourses prevailing in Canadian society. / Arts, Faculty of / Anthropology, Department of / Graduate

This study characterizes the content and internal structure of a set of conceptions of outdoor education. Fifty-four English speaking Canadian university programs or courses which were labelled, or contained as essential parts of their descriptions. The term outdoor education or any of a series of related terms provide the basis for analysis. A conception is defined as a coordinated set of central concepts, values and procedures which are explicit or implicit in course documents. The study employed a methodological triangulation. Content analysis of course documents provided the description of the values, central concepts and procedures associated with each course. Q methodology was performed by course conductors to review the 'values' and 'central concepts' components found in the content analysis and to express their views of the significance of those values and central concepts. A focused interview was conducted with fourteen course developers to confirm, refute or extend previously obtained data. Q methodology produced a typology of outdoor education comprising five primary conceptions¹ and one secondary conception: The Outdoor Recreationist, The Adventurer, The Education, The Life Skills Entrepreneur, The Environmentalist, Distinguishing features of each conception and features common among the primary conceptions are discussed. Focused interviews produced information about course conductor attitudes and training , the program's relationship with other fields of study, the concept's need for clarification, the need for a common knowledge base in outdoor education, and its relationship with the natural environment, teaching, recreation and education. Suggestions for further investigation are briefly discussed. "Environmentalist", "The Educator", "The Life Skills Entrepreneur", and "The Administrator" are heuristic devices which refer to an ideal type of individual who embodies a co-ordinated set of central concepts, values, and procedures which are explicit or implicit a conception of outdoor education. / Education, Faculty of / Curriculum and Pedagogy (EDCP), Department of / Graduate

Section 245 was proposed as part of the tax reform package initiated by the government on 18 June, 1987. It introduced an extended general anti-avoidance rule into Canadian tax law. The rule has been in effect since September 13, 1988, but has yet to be judicially considered. This paper adopts a methodology which incorporates a political perspective. In particular, the rule is analyzed within the general environment - the socio-political, economic and historical backgrounds - in existence at that time. It was felt that such an approach was necessary to explain certain issues. For example, why the Canadian government decided to introduce section 245 and why certain modifications were made to the proposal in its passage through the legislative process. Overall, this paper hopes to extend our understanding of the rule by exposing the factors which created a favourable political environment for the enactment of the provision. / Law, Peter A. Allard School of / Graduate

The Canadian political economy school has argued since the late 1960s that Canada shares economic and social characteristics with semi-colonial third world countries. Consistent with this 'dependency' influenced assessment of the Canadian social formation it has also usually argued that national economic sovereignty should be a strategic concern in popular and socialist programs. This study critically evaluates this view of the economic and social context for planning interventions in Canada, in particular by examining the main empirical evidence traditionally advanced in its favour, namely the relative extent of foreign economic control in the Canadian economy. The study first reviews the various characterizations of Canada in the political economy literature, with an emphasis on the empirical evidence offered in their support. It then extends and broadens previous examinations of foreign economic control in Canada using recently released Statistics Canada data on foreign control of corporate assets and revenue up to 1992, and by comparing Canada with other OECD countries on the basis of the extent of inward and outward foreign direct investment (FDI). The studies main findings are that: i) The exclusion of the financial industries in most previous discussions of the level of foreign economic control in Canada has resulted in the actual level being overstated - in nominal terms, by about one-quarter; ii) Contrary to dependency influenced predictions of the period, foreign control of the Canadian economy decreased very significantly after the early 1970s, though this declining trend apparently ended and even partially reversed after the mid 1980s. Given the central place of the US in dependency accounts it is notable that the decline in US economic control has been greater than for all foreign control, and does not appear to have recovered in the recent period up to 1992; iii) The dependency influenced categorization of Canada with countries like 'semicolonial' Argentina or even 'peripheral' Spain cannot be sustained when the evidence shows that in absolute, but especially relative terms, Canada ranks as a world leader in the scale of direct investments held in other countries. Canadian FDI in the US has also been growing considerably faster than has US FDI in Canada; iv) The level of foreign economic penetration in Canada is notably higher than most OECD countries. However, when the relative size of the Canadian economy, a 'natural' degree of continental integration and recent trends among other OECD countries are considered, Canada is not as exceptional in this regard as has often been suggested. The study concludes that this evidence indicates that Canada is more accurately conceived of as a major advanced capitalist country than a dependent (if rich) semi-colony, and that planning interventions based on the latter assessment are not only likely to fail, they are a major diversion from the required strategy. / Applied Science, Faculty of / Community and Regional Planning (SCARP), School of / Graduate

The Canadian proceeds of crime provisions, Part XTJ.2 of the Criminal Code, are targeted at enterprises that are motivated by the desire to generate profit and accumulate wealth from criminal activity. The main purpose of Part XII.2 is to provide the police and prosecution with powerful new tools to attach the proceeds of crime, and the courts with the power to forfeit such proceeds. This thesis will examine how, in recognition of the procedural and substantive problems with this legislation and in contrast to American legislation, Parliament included numerous provisions to balance such extensive powers. The balancing mechanisms included a provision that allows reasonable legal fees to be paid out of seized or restrained property that is alleged to be proceeds and another that requires an in camera session to be held without the presence of the Attorney General, to determine the reasonableness of such fees. The Parliamentary record explicitly demonstrates that the balancing provisions were meant to ensure that the pre-trial restraint and potential forfeiture of property would withstand Charter challenges, especially with regard to an accused's rights to counsel, fair trial and full answer and defence. In this thesis I will analyze the complexities of proceeds litigation and demonstrate how this necessitates adequate legal representation to ensure that an accused's Charter rights are protected. This thesis explores in depth how Parliament recognized the need for balancing mechanisms that permit funds to be released for an accused to retain private counsel. However, these mechanisms have been significantly narrowed by subsequent judicial interpretation. A result of this line of authority is that defence work in the proceeds area has become very difficult. If reasonable legal fees are not taken from seized proceeds, provincial legal aid plans will have to provide for appropriate counsel. This may not be a realistic option given the funding of these plans and their stated objection to funding proceeds cases. Therefore, in this thesis I will argue that if private counsel must be retained the right to counsel could be effectively forfeited, unless a portion of the seized or restrained assets are released for reasonable legal fees. This thesis will attempt to provide a coherent basis for future interpretation of the Part XII.2 provisions that affect legal fees. The approach taken will incorporate the competing interests of accused persons and the State without undermining the objectives of the legislation. This thesis will focus on Canadian legislation and jurisprudence, but will also have a comparative component that examines how these issues have been dealt with in Australia, England and the United States. / Law, Peter A. Allard School of / Graduate

The Canadian money market dates back to 1935 when Government of Canada treasury bills were first sold and the main impetus to its present status came with the introduction of day-to-day loans in 1954. Until 1954, the money market was used principally by the chartered banks and the Federal Government, and the main functions were to provide the former with liquid assets and the latter with a relatively inexpensive method of financing its activities. In the last decade many other institutions have started to participate in the market. On the borrowing side, provincial and municipal governments, and financial institutions including trust companies, finance companies, investment dealers and commercial banks have joined the Federal Government, and finally in 1958 non-financial corporations began to issue substantial sums of short-term notes. On the lending side are financial institutions wishing to keep a certain portion of their funds liquid and non-financial corporations with temporary excess cash. The last of these borrowers and lenders mentioned, the non-financial corporation, is the concern of this thesis which examines potentiality and use of securities with maturity from one day to three years. To appreciate the potentiality of the money market, the bond market, of which it is part, is first described and pertinent characteristics of bonds in general are discussed. The specific instruments pertaining to the money market are the following: Government of Canada treasury bills and short term bonds; short term provincial and municipal issues; finance company paper; chartered bank deposit receipts, U.S. swaps and acceptances; trust company guaranteed investment certificates; investment dealer loans and buy backs; and international instruments including letters of credit and Euro-dollars. The potentiality of the money market for the non-financial corporation is further enhanced when such activity is integrated with the cash flow of the company. The cash flow itself is affected by peculiarities of the industry such as seasonal peaks and troughs, and by factors related to individual firms, such as capital structure. From published statistical data and 298 responses to the questionnaires circulated by the author, the most pertinent findings were the predominance of Federal Government, bank, and trust company paper, the small difference in yields between different qualities of paper, and that rather than formalized rules for money market activity, corporate dealings were influenced mainly by intangible factors including attitudes of the treasurer regarding safety and yields of the instruments, bargaining between buyers and sellers, limitations imposed by boards of directors and banker relationships. While the factors mentioned above must continue to affect money market decisions a formalized approach is recommended and discussed. This approach can be geared to the limitations established by the intangible factors and industry and firm peculiarities, and it objectively examines the remaining alternatives. / Business, Sauder School of / Graduate

The Finance Act (1914-34) provided the chartered banks with rediscounting facilities. During World War I, these facilities became part of the banks' regular means of cash adjustment. Subsequently, a controversy arose whether or not the chartered banks rediscounted for private gain. In defence of the banks, Sir Thomas White stated that the banks always borrowed sparingly because of the wish neither to incur the cost involved nor to be heavily indebted to the Treasury. The purpose with the thesis is to test Sir Thomas’ hypothesis. In order to do so, the hypothesis had to be revised; that is, the difference between the rate charged for advances and the cost of alternative means of adjustment (the least-cost spread) was substituted in the hypothesis for the simple cost determinant. By the use of indifference curve analysis, certain criteria for testing the hypothesis were developed and used in testing data for borrowing by the aggregate as well as the individual banks. The evidence showed that the revised hypothesis was overgeneralized both in its description of the banks’ use of the Act and in its explanation of the causal relationships. Thus, in terms of both volume and duration of borrowing, the facilities of the Act were used extensively by several banks. Both the least cost spread and the aversion to be indebted appeared to be crucial determinants of borrowing. The strength of the relationships, however, varied significantly among the banks. In particular, for the more conservative banks, the aversion to borrowing was strong at any level of indebtedness. For the other banks, the aversion was apparent only at levels of heavy indebtedness. / Arts, Faculty of / Vancouver School of Economics / Graduate

The thesis is divided into four sections. The first section lays down a method of interpretation of S.91 and S.92 of the B.N.A. Act. The suggested method is comprised of making three enquiries:- Is the statute in question within S.92---is the statute within a S.91 enumerated power and is the statute within the residuary general power? The validity of this method rests on four propositions viz:- S.91 comprises the residue of powers after the provinces have been given certain basic heads of powers; the enumerated powers in S.91 are supreme over those contained in S.92; where the subject matter of the statute in question goes beyond local or provincial concern or interest it will fall within the general federal power under S.91 even though it might otherwise appear to come within S.92; where neither S.92 nor S.91 enumerated powers apply the statute in question falls under the residuary federal power in S.91. Each one of these propositions is examined and supported. The second section deals with the general rules of construction of the powers in S.91 and S.92. The matter is approached from the idea of a dichotomy between factors and formulae in constitutional interpretation. The factors are those matters that guide the court in answering the questions posed in the first section and the formulae are the rationales given for the decisions. This approach is inseverably connected with the concept of constitutional decisions being evaluative judgments. The evaluative judgment made in answering the original questions is referred to as the 'nexus' judgment. The place of precedent, evidence and extrinsic material in relation to the factors is then examined and the general ideas prevalent in Canadian constitutional interpretation such as the double aspect, ancillary, trenching, paramountcy and severability doctrines are looked at in the light of this 'nexus' judgment. The strength and identity of the factors will vary from individual power to power and the criminal law power is adopted as an illustration of the use of the factorial approach. This illustrative use comprises the third section of the thesis. The lack of logical limits to the power is first shown and then the general factors of construction, purpose and effect are used to provide a basis for constitutional prediction. The evaluation of factors is viewed both from the standpoint of federal legislation and that of the provinces. No attempt is made to give an exhaustive survey of the interpretation of the criminal law power. It is merely given as an illustration of the use of the factorial approach. The final section is the conclusion and recapitulates the major principles contained in the earlier sections. / Law, Peter A. Allard School of / Graduate

Thus study seeks a contribution to the understanding of the problems of immigrant Chinese by comparing them with Canadian-born Chinese. It is almost impossible to understand the ways and customs of the Chinese without some insight into their culture. But to understand the adjustment problems of this minority group, their cultural background must be discussed in comparison with the North American culture. The study is focussed upon a small group, both immigrant and Canadian-born, whose failure to "make good" in Canada is signalized by their admission to a mental hospital. For case-study, eighteen immigrant Chinese patients and a comparative group of nine Canadian-born Chinese patients were selected. Data was obtained from clinical files recorded by doctors, psychiatrists, nurses, social workers and other members of the treatment team. A rating scale was devised to help assess the major factors in adjustment to life, subdivided into (a) personality constituents, (b) social factors, and (c) economic factors; this is then used to examine and compare the social functioning of each group. To substantiate the findings and to present a clearer picture of the causal factors, three illustrative cases are presented in detail - one Canadian-born Chinese, and two immigrant Chinese patients, in the ratio of the number studied. Each case is appraised in the same three areas: personality constituents, social factors, economic factors. Continually unsatisfactory employment and the barriers to communication created by cultural confusion show up among the factors at work. Problems of communication, social integration and cultural conflict are brought into clearer light as correlatives of mental illness, and the significance of these findings is appraised. / Arts, Faculty of / Social Work, School of / Graduate