Intellectual capital, as opposed to traditional conceptions of intellectual property, is neither as simple to define nor as straightforward to protect and regulate. As companies in the financial services sector attempt the efficient management of increasingly voluminous and strategically important information and knowledge, governance mechanisms currently available in the Canadian context have not kept pace. / This thesis is at once a retrospective and prospective examination of the regulation and control of intellectual capital. The first two substantive sections of this thesis are primarily definitive and contextualizing---first defining the nature of contemporary legal and managerial concepts of intellectual capital and property, then examining the varied legal frameworks from which an intellectual capital governance scheme is distilled. The final chapter attempts a synthesis of these definitions and legal approaches to the governance of intellectual capital. The keystones of this synthesis are twofold: first, uniform Canadian legislation; and second, a more focused incorporation of 'property rights' in intellectual capital.

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The present enquiry is a study of specific social possibilities in a culture-contact situation, namely the encounter of the Dene and Inuit of the Northwest Territories with Canadian society; and shows how by analyzing the basic content of two traditions in contact with one another, the possibilities for mutual adjustment of one tradition to the other, or the lack of such possibilities, may be logically derived from that content. The study also uses the perspective of cultural ecology to devise and demonstrate a way in which any system of land-tenure may be compared with any other, without the concepts of one system being imposed upon the other. The particular problem of the enquiry is to compare the traditional ideas of land and land-tenure among Dene and Inuit with the ideas of land and land-tenure in Canadian law; and to discover a way whereby the Dene and Inuit may use the concepts of the dominant Canadian system to preserve their own traditional ways of holding land. The analysis begins by outlining the cultural ecosystem of each people, their basic modes of subsistence, the resources used, the kinds of technical operations applied to those resources, the work organization, and relevant parts of social organization and world-view. Then, in order, the idea of land which the people appear to be following, the kinds of land-rights and principles of land-holding recognized by the" people, and the kinds of "persons" who may hold land-rights, are described. The systems are then compared in order to discover the possibilities for "reconciliation". The enquiry concludes that the basic premises and characters of the Dene and Inuit systems of land-tenure are fundamentally irreconcilable with those of Canadian real property law, but that the Dene and Inuit systems can be encapsulated within the dominant Canadian system by means of the Community Land-Holding Corporation (CLHC). The CLHC as proposed in this enquiry would allow the members of a community to hold land among themselves according to their own rules, while the corporation holds the land of the whole community against outsiders according to the principles of Canadian law. / Arts, Faculty of / Anthropology, Department of / Graduate

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In this thesis, the author studies the ethical and legal aspects of research conducted on stored tissue samples of deceased persons in North America. / The first part of this thesis presents an overview of what constitutes human tissues and how are they used in research. The author describes the process in which human tissues are acquired and stored by health facilities, their utility for scientific research, and currently used techniques. / The second part is dedicated to the analysis of the current normative framework associated with research involving human tissue samples in North America. The author underlines the presence of two different normative regimes depending on whether the human tissues were removed before or after death. Finally, the author examines international documents in order to evaluate whether or not they can provide guidance to North American national legislation. / The third part evaluates the normative limitations associated with the use of stored tissue samples of deceased persons for research. The author considers that these limitations are related to the presence of conflicting interests, the difficulties in establishing rights over human tissues, the difficulties of establishing the rights of the dead, and the limitations of the theory of informed consent with regards to stored tissue samples. / The last part of this thesis suggests that stored human tissues should be interpreted as if they were part of an individual's medical record. After presenting some of the philosophical arguments in favour of such an interpretation, the author underlines the presence of legal precedents supporting the "tissue as information" model. The author finally examines the legal implications and the potential limitations of this proposal.