Thesis (M.A.)--Acadia University, 1999. / Includes bibliographical references. Also available on the Internet via the World Wide Web.

Thesis (M.A.)--Acadia University, 1999. / Includes bibliographical references. Also available on the Internet via the World Wide Web.

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

Canada has actively incorporated human security into its foreign policy framework ever since the first articulation of human security in the 1994 United Nations Development Programme (UNDP) Annual Report. The Canadian Government has been at the forefront of promoting the concept internationally, thereby identifying Canada as one of the leading 'humanist-activist' states. This thesis, however, takes a more skeptical approach towards the emancipatory claims of Canada's human security discourse. It argues that, despite its overarching humanistic tone, the question of who is secured through the language and operationalization of human security remains problematic. In examining Canada's human security discourse in reference to this central question, this thesis analyses the promotion and operationalization of human security within Canada and abroad. The central argument of this thesis is that with its overwhelmingly statist and liberal language, Canada's interpretation of human security is far from being a challenge to the traditional ontological claims of security as being the provider of political order. The Canadian human security agenda is driven by a traditional fear of national insecurity. It aims to secure national unity and identity in Canada, and its national and economic security abroad, by promoting the ideals of liberal democratic peace. Drawing upon the insights of critical security studies and post-structuralist approaches to international relations, this thesis reveals several meaning-producing effects of Canada's human security discourse. First, domestically, it perpetuates the truth claims of the discourse of Canadian identity by naturalizing the idea of Canadian goodness. Canada's human security discourse enhances the social control of the population by masking 'human insecurities' within Canada. Second, by framing 'failed' and 'fragile' states as a threat to Canadian security and liberal international order, the Canadian Government perpetuates the constant struggle between the zones of peace and the zones of chaos, and overcodes human security with simultaneously a statist and universalist language that aims to control as well as emancipate the 'borderlands' Third, while Canadian discourse on human security claims to encourage a bottom-up approach to security, it works ironically as an elitist policy which endorses an ideal form of governance in Canada and abroad.

This thesis examines the tension between the evolving demand for the protection and promotion of human rights and the dissatisfaction with the legal institutions charged with these responsibilities. This problematique is examined and reconstructed with the objective of determining how Canadian legal institutions could be structured so as to more effectively contribute to the achievement of social justice. A critical theory approach is undertaken in this thesis. This method involves the development of a transformative ideal against which current practices are examined. This juxtaposition illuminates both the problems with, and the possibilities of, the courts and human rights commissions in interpreting and applying human rights norms. The transformative ideal comprises two elements. The first element postulates that the legal institutional role should be conceived as contributing to a broad and evolving discourse on human rights and responsibilities within the public sphere. The second element holds that this role should be enhanced through the development of transformative human rights practices and their integration into legal processes. The transformative ideal is constructed through a series of six discussions comprising: (1) the development of an analytical framework based on the concepts of social transformation, social justice, human rights and the right to equality; (2) an examination of the critique of the role and functions of courts and human rights commissions; (3) an elaboration of a normative account of the public sphere and discourse together with a discussion of the role of human rights norms therein; (4) a discussion of current mediation practices in the human rights context leading to the development of a normative model of transformative mediation; (5) an examination of the transformative ideal in human rights commission practices; and (6) an exploration of the transformative ideal in court practices. The thesis concludes that the transformative ideal and particularly the concept of transformative human rights practices, will assist in reform of Canadian legal institutions so as to enhance social justice.

This thesis offers a comparative analysis of the Constitutional law mechanism for human rights protection in Canada and Russia. Russia is experiencing a transition from the former soviet regime towards democracy and civil society. Since the beginning of the transition in 1991 Russia has made three major steps in that direction: the adoption of the Declaration of Rights and Freedoms of the Individual and Citizen of 1991, the Constitution of 1993 and the ratification of the European Convention on Human Rights in 1998. However, the existent constitutional law mechanism for human rights protection is not fully effective due to its novelty for Russian society. A number of lessons can be learned from the Canadian and European experiences of human rights protection. Among them is the necessity to build the mechanism for human rights protection that will be based on the rule of law, direct application of the Constitution, and the creation of a human rights culture, supported by the people's trust in independent judicial institutions.

Canada has actively incorporated human security into its foreign policy framework ever since the first articulation of human security in the 1994 United Nations Development Programme (UNDP) Annual Report. The Canadian Government has been at the forefront of promoting the concept internationally, thereby identifying Canada as one of the leading 'humanist-activist' states. This thesis, however, takes a more skeptical approach towards the emancipatory claims of Canada's human security discourse. It argues that, despite its overarching humanistic tone, the question of who is secured through the language and operationalization of human security remains problematic. In examining Canada's human security discourse in reference to this central question, this thesis analyses the promotion and operationalization of human security within Canada and abroad. The central argument of this thesis is that with its overwhelmingly statist and liberal language, Canada's interpretation of human security is far from being a challenge to the traditional ontological claims of security as being the provider of political order. The Canadian human security agenda is driven by a traditional fear of national insecurity. It aims to secure national unity and identity in Canada, and its national and economic security abroad, by promoting the ideals of liberal democratic peace. Drawing upon the insights of critical security studies and post-structuralist approaches to international relations, this thesis reveals several meaning-producing effects of Canada's human security discourse. First, domestically, it perpetuates the truth claims of the discourse of Canadian identity by naturalizing the idea of Canadian goodness. Canada's human security discourse enhances the social control of the population by masking 'human insecurities' within Canada. Second, by framing 'failed' and 'fragile' states as a threat to Canadian security and liberal international order, the Canadian Government perpetuates the constant struggle between the zones of peace and the zones of chaos, and overcodes human security with simultaneously a statist and universalist language that aims to control as well as emancipate the 'borderlands' Third, while Canadian discourse on human security claims to encourage a bottom-up approach to security, it works ironically as an elitist policy which endorses an ideal form of governance in Canada and abroad.

This thesis examines the tension between the evolving demand for the protection and promotion of human rights and the dissatisfaction with the legal institutions charged with these responsibilities. This problematique is examined and reconstructed with the objective of determining how Canadian legal institutions could be structured so as to more effectively contribute to the achievement of social justice. A critical theory approach is undertaken in this thesis. This method involves the development of a transformative ideal against which current practices are examined. This juxtaposition illuminates both the problems with, and the possibilities of, the courts and human rights commissions in interpreting and applying human rights norms. The transformative ideal comprises two elements. The first element postulates that the legal institutional role should be conceived as contributing to a broad and evolving discourse on human rights and responsibilities within the public sphere. The second element holds that this role should be enhanced through the development of transformative human rights practices and their integration into legal processes. The transformative ideal is constructed through a series of six discussions comprising: (1) the development of an analytical framework based on the concepts of social transformation, social justice, human rights and the right to equality; (2) an examination of the critique of the role and functions of courts and human rights commissions; (3) an elaboration of a normative account of the public sphere and discourse together with a discussion of the role of human rights norms therein; (4) a discussion of current mediation practices in the human rights context leading to the development of a normative model of transformative mediation; (5) an examination of the transformative ideal in human rights commission practices; and (6) an exploration of the transformative ideal in court practices. The thesis concludes that the transformative ideal and particularly the concept of transformative human rights practices, will assist in reform of Canadian legal institutions so as to enhance social justice. / Law, Peter A. Allard School of / Graduate

No description available.

This thesis provides a historical study of the Canadian government's changing foreign policy toward the development of an international bill of rights at the United Nations from the 1940s to the 1970s. Canada was initially reluctant to support international human rights instruments because the concept of 'universal human rights' articulated at the UN challenged customary understandings of civil liberties in Canada, and federal policy makers felt an international bill of rights would have a negative impact on domestic policy. By the 1970s, however, the Canadian government was pushing for the ratification of the International Covenants on Human Rights and working to present Canada as an advocate for the UN's human rights regime. This study considers this change in policy by examining the domestic and global factors that influenced the government's approach to international human rights. Within Canada, rights activism led to increased public awareness of human rights issues, and transformed Canadian understandings of rights and of the role of government in promoting these rights. This led to pressure on the Canadian government to support human rights initiatives at the United Nations. In this same period, the geopolitics of the Cold War and the rise of anti-colonialism shaped debates at the UN over human rights. As global support for the UN's human rights instruments grew, Canada became the subject of criticism from other states. Concerned about the negative implications, at home and within the international community, of appearing to stand in opposition to the principles of human rights, Ottawa changed its policy. Despite the government’s new rhetoric of support for the international bill of rights, however, federal policy makers continued to question the benefit of these instruments for Canada. This lack of commitment accounts, at least in part, for Canada’s continued failure to fully implement its international human rights obligations. / Dissertation / Doctor of Philosophy (PhD)