This anti-racist study is one which critically investigates the representation of whiteness in a Canadian history textbook approved for use in Ontario's intermediate division schools. Fundamental to the study is the identification of racializations and the manner by which these representational processes work with and through concepts of nationality and ethnicity to separate whiteness from otherness. To facilitate this critical analysis, the historical narratives of the textbook are examined for redundant portrayals of individuals and groups in terms of their power, problem-resolution, and performance. In addition, the stories of Canada's past are analyzed to determine the extent to which diverse perspectives are included and the degree of significance attached to historic and contemporary racisms. The findings suggest that, in Flashback Canada, processes of racialization articulate with signifiers of ethnicity and nationality to imagine Canada and Canadians along white supremacist lines.

In 1892 the Ontario government passed the Ontario Game and Fisheries Act. This legislation, designed to conserve wildlife throughout the province, was applied to Native peoples residing in Ontario. This led to conflict between the Ontario government, through its Game Commission, the Dominion government, via Indian Affairs, and Aboriginal peoples throughout the province. Natives, in this thesis the Ojibwa of the Robinson Treaties, were and are a federal responsibility under the constitution. Ontario, however, was acting within its constitutional jurisdiction by regulating a natural resource within its provincial boundaries. The conflict arose over whether provincial legislation can be applied to an area of federal concern, and contrary to promises contained within the Robinson Treaties that the Ojibwa could continue to hunt trap and fish as they had "heretofore been in the habit of doing." Beyond this constitutional and jurisdictional level, political concerns also played a part. Indian Affairs' bureaucrats were not completely adverse to regulating Ojibwa hunting as a means of hastening its own policy of acculturation, and they were unwilling to openly challenge the Ontario government over Native rights. The Ontario Game Commission, and its later incarnation was unwilling to compromise its control over wildlife which during the twentieth century became an increasingly important resource. The Ojibwa, politically powerless, lost control of the one resource which they were guaranteed access to by the Crown during treaty negotiations in 1850: wildlife. Ojibwa arguments for continued access were founded almost exclusively on the Robinson Treaties, but these were agreements which neither the Dominion nor the Ontario government were interested in.

This thesis compares and contrasts the current legal protections provided to sexually abused, non-Aboriginal children with that afforded to the Aboriginal children of Canada. In Part I, the main findings and recommendations of the Badgley Committee and the federal government's subsequent enactment of Bill C-15 are examined. In Part II, the inequities which Aboriginal people have suffered as a result of the imposed circuit court system are discussed. As background to a discussion of alternative Aboriginal justice systems, a critique is provided on the case of R. v. Moses, [1992] 3 C.N.LR 116 in which the first sentencing circle was used. A description and critical analysis of various Aboriginal justice projects across Canada are provided. The author has made recommendations to revise the rules of evidence and procedure regarding child sexual abuse victims and to provide protection to women and children living in Aboriginal communities.

This thesis explores the meanings that North Americans derived from mill and factory closings between 1969 and 1984. In doing so, it finds that the significance drawn from industrial transformation was filtered through one's nationality. In the United States, plant closings generally signalled the end of the industrial era. As the physical stature of blast furnaces and smokestacks made them stand tall in people's minds, the fall of industry from its privileged position in the American economy played itself out in their ritualistic demolition. Dramatic images of failing blast furnaces, in turn, lent authority to those who claimed that the industrial era had ended. Canadians, by contrast, interpreted plant shutdowns in nationalist terms. Throughout the 1970s and early 1980s, shutdowns were blamed on American economic domination. In the face of economic dislocation, workers on either side of the Canada-United States border struggled to retain their dignity and identity. Yet strategies of collective resistance differed dramatically as the narratives of displaced workers revealed. In the United States, the anti-shutdown movement was confined to the local by invoking a notion of "community" tied to place. This "miniaturization" of community proved to be a feeble weapon for workers facing job loss. Indeed, the nation's political, business and union leadership felt little attachment to communities based in towns or cities other than their own. Hence, the "community" strategy, predicating on emotional appeals to people and place, failed to politicize a contractual---and therefore private---matter between an employer and his or her employees. To constrain the destructive tendencies of capitalism between 1969 and 1984, another weapon was needed, namely the ideal of a "national community." The motive power of community to validate and legitimate resistance to plant shutdowns by enlargening the radius of trust was greatest in Canada. By literally wrapping themselves in the Maple Leaf flag, Canadian workers won important legislative victories that forced companies to soften the blow of displacement. In the final analysis, then, an emerging economic nationalist discourse incorporated plant shutdowns into the very centre of its anti-imperial critique of foreign---usually American---multinational corporations. For a time, the nationalist resistance to plant shutdowns enforced what could be called a "moral economy" on companies operating in Canada. Economic nationalism thus acted as a kind of ideological rust-proofing that denied the "Rust Belt"---the image and the reality---entry into Canada and slowed the pace of industrial change and the accompanying social disruption between 1969--1984.

Much of the recent legal historiography of Upper Canada dwells on the motivations of the governing class in implementing statute law and operating legal institutions. Some authors employ a relatively radical interpretation of Elite motivation, insisting on a self-interest manifested through the manipulation and, occasionally, the outright disregard of law, institutions and legal ideology. For others, a fair interpretation of the behaviour of historical actors attempts to understand those actors on terms consistent with contemporary ideals. The result is a more conservative functionalism that interprets the role of law in history relative to the accomplishment of those ideological imperatives to which decision-makers were committed. However, the tendency in both approaches is to the subordination of law in legal history. The consequence is a reductionism in Upper Canada's legal history, by which the law is rendered epiphenomenal, secondary to politics, economics or, perhaps, self-interest. The overarching theme of this thesis is that very little legal-historical activity can clearly be characterized as purely self-interested, or purely idealistic. Rather, much of what occurs in the legislative chamber and in the minds of decision-makers is concerned with the mundane events of ordinary life, and not with the political intrigue and idealism that arguably emerges from consideration of events of particularly high political drama. To illustrate, this thesis will consider the Upper Canadian legal response to the cholera epidemics of 1832 and 1834. First, an attempt will be made to analyse the reluctance of the executive government to employ initiatives (both executive action and legislation) to combat the disease similar to initiatives in neighbouring jurisdictions. The executive and legislative responses will be seen to be motivated in large part by commitment to a widely shared vision of the public good inconsistent with many ordinary public health measures, including quarantine, reflecting some of the idealism one might predict through the conservative functionalism that characterizes much of Upper Canada's recent legal historiography. Secondly, the municipal legal response to the disease will be considered to illustrate the way in which a great deal of law develops not out of self-interest or idealism, but rather out of environmental pressure. The history of the legal response to the cholera epidemics is incomplete unless proper account is taken of the more mundane response of municipal authorities to the disease. It is in this arena that the legal historian can overcome the subordination of law to politics, and instead consider law as a mechanism to defend a relatively pristine legal community from environmental threat. The conclusion is that, to be more complete, Upper Canada's legal history must privilege environmental pressures as well as Elite motivation in the design and implementation of law and legal institutions.

Since Confederation, the federal government has pursued a policy of assimilation toward Canada's First Nations. Measures such as the Indian Act, the creation of reserves, and numerous treaties were implemented to "civilize" Natives, dispose of Aboriginal land rights, and ultimately integrate Natives within Canadian society. However, by the Second World War, most federal authorities realized that the government's policy had failed. Thus, other means were adopted to achieve the goal of assimilation. The new method, first elaborated in the late 1940s, proposed that the federal government devolve its jurisdiction over First Nations to the provincial governments so that Natives could receive provincial services on the same basis as non-Natives and thus be considered "normal" citizens. Consequently, federal Indian administration, the Indian Act, and the special status of Natives could be abolished since they had received full citizenship with all its benefits and responsibilities. Throughout the 1950s and 1960s, the federal and provincial governments signed agreements to arrive at this end with Ontario leading the way. However, in 1969, this method of integration met the same forsaken fate as its predecessors. This thesis will examine the federal government's integration policy from 1945 to 1969 by focusing, but not limiting itself, to the agreements that were signed between Ontario and Ottawa regarding the delivery of social services. The study will also look at the Native reaction toward this policy and the rise of opposition which led to its demise.

Ce travail constitue, pour l'essentiel, une recherche empirique qualitative sur le problème de la condamnation d'innocents. Il se penche sur un cas exemplaire--celui de Guy Paul Morin--de ce que l'on a convenu d'appeller une "erreur judiciaire". Il s'agit de mettre en évidence le fait, qu'à partir d'un élément du caractère ou du passé d'un individu, les professionnels de l'administration de la justice prétendent parvenir à identifier un individu innocent, hors de tout doute raisonnable, comme coupable d'un délit donné. Et ce, par la pratique des manoeuvres frauduleuses et illégales telles la fabrication de preuves, la manipulation des témoins, le mensonge, l'implantation de preuves.... Il est donc ici question de reconstituer les processus qui sont à la base de la condamnation, sur des fausses preuves de Guy Paul Morin. Le présent travail est composé de quatre chapitres. Le premier situe la problèmatique théorique, le deuxième traitera de l'approche méthodologique alors que les deux derniers chapitres traiteront de la présentation et de l'analyse des données, à l'aide de la problèmatique théorique élaborée au premier chapitre. (Abstract shortened by UMI.)

Examining change in any organization can be a difficult task, especially in an organization as complex as the military. With the assistance of civilianization theory, we will examine change within the Canadian Forces imposed by outside civilian legislation (external pressure). In particular, we will examine the integration of women in the combat arms, a result of federal human rights legislation (1989). Issues that are discussed include a brief history of women in combat, arguments used against the participation of women in combat environments, the masculine nature of the military, and the training standards and physical requirements within the Canadian Forces.

Cette etude a pour objectif l'analyse des discours employes lors des activites de lobbying dans le debat menant a l'adoption de la Loi sur les armes a feu au Canada, soit le projet de loi C-68, entre 1993 et 1997. Notre hypothese est que le lobby pour le controle des armes a feu a construit la representation de ses interets en un discours emprunte a l'ideologie de l'interet general. Ce texte propose une analyse de cette argumentation ainsi que la demonstration de l'utilisation de l'ideologie de l'interet general comme discours de legitimation.

In opposition to the historiography which plots the rise of a historical profession in tum-of-the-century English Canada, this thesis argues that to think in terms of a rise from amateur history to professional history obscures more than it clarifies. Instead, it plots a different trajectory. Owing to the demands of an increasingly modern, urban and industrial society, intellectual life was transformed. In other words, one way of organizing intellectual life yielded to another way of organizing intellectual life. Whereas the nineteenth-century historian was a generalist for whom the study of the past was a part-time activity, the twentieth-century historian was a specialist for whom the study of the past was a full-time career. However, at the same time as there were changes in the practice of history, there were also important continuities. Against this backdrop, this thesis argues that while pre-professional historians could write hagiographic and patriotic books and articles, they also practised some of the techniques associated with professional history: archival research, historiography and the weighing of evidence. Moreover, women could be, and indeed were, historians when history was a part-time activity. Beginning with George Wrong's 1892 appointment to the University of Toronto, history began its migration into universities across English Canada. In addition, the Canadian Historical Review was launched in 1920; the Canadian Historical Association was founded in 1922; and graduate programmes were instituted. Historians also pursued a variety of professional strategies, including the drawing and policing of boundaries between who could and could not be a historical knower. Boundary-work was a gendered process. Whereas women were historians when history was understood as a past-time, they were excluded from the historical project when it was understood as a career. In this sense, the professionalization of history also saw its masculinization. Central to any professional project is the defence of independence. To study the defence of professional autonomy, this thesis examines the many relationships English-Canadian historians had with American philanthropy. In the absence of Canadian granting agencies, historians were forced to rely on American foundations for subventions to research and publication. Although the Carnegie Endowment for International Peace and the Rockefeller Foundation had their own research objectives, at the end of the day English-Canadian historians successfully pursued their own research agendas. In the crisis of World War II and the Cold War, professional historians began to re-think the historical project. Abandoning history as a practical social science, they returned to an older notion of history as a humanity concerned with questions about human values.