This thesis is concerned with those 'social' rights that relate to the provision of the basic necessities of life; that is the right to an adequate standard of living (including food, clothing and shelter), the right to health and the right to education. The International Covenant on Economic, Social and Cultural rights (ICESCR) recognises obligations pertaining to the progressive realisation of these rights, whilst leaving the method of implementation within domestic discretion. The Canadian Charter of Rights and Freedoms only accords domestic constitutional protection to civil rights, leaving the implementation of these social rights within government discretion. This study will examine what has, in the Canadian experience, proven to be the practical consequences of adopting such a policy of 'selective constitutionalisation,' that puts social rights by definition outside the ambit of legal enforcement. Firstly, it will examine the court's approach to cases that have, in the absence of constitutionalised social rights, attempted to indirectly invoke social rights by encouraging a positive social interpretation of the right to equality and the right to life, liberty and security of the person, and will illustrate that the courts have failed to interpret these rights so as to indirectly protect social rights. Secondly, it will consider the relationship between legal, political and social discourse, illustrating that, in light of the non- constitutionalised status of social rights, the values underlying these rights have been marginalised in political and social discourse, facilitating reforms that have restructured and eroded the welfare state, reducing the realisation of social rights within Canada. Thirdly, it will consider the practicability of adopting the alternative approach of according equal constitutional protection and justiciable status to social rights, through an examination of the theoretical literature and the approach taken to social rights under the Final Constitution of the Republic of South Africa 1996. It will illustrate that the philosophical arguments that have been utilised to support the nonconstitutionalised status of social rights are no longer sustainable and that the constitutional experience of South Africa provides evidence that a practical alternative to the position adopted in Canada exists.

Egalitarianism is highly valued in Canada and yet some groups are profoundly disadvantaged. This can be explained by sociological and psychological theorizing that claims advantaged group members are motivated to maintain a system of inequality from which they benefit. The challenge is to explain the few advantaged group members who defy self-interest and support disadvantaged groups. My research objectives were to understand what motivates selected advantaged group members to support disadvantaged groups, and to understand how the majority of advantaged group members maintain their belief in egalitarianism in the face of clear social inequality. Results revealed that most advantaged group members value egalitarianism highly, but only those who define egalitarianism in terms of social responsibility unequivocally support the interests of disadvantaged groups. Most advantaged group members conceive egalitarianism in terms of equality of opportunity, rights or treatment, allowing them to legitimize inequality; consequently, they are less willing to sympathize with the demands for fair treatment by disadvantaged group.

This thesis is concerned with those 'social' rights that relate to the provision of the basic necessities of life; that is the right to an adequate standard of living (including food, clothing and shelter), the right to health and the right to education. The International Covenant on Economic, Social and Cultural rights (ICESCR) recognises obligations pertaining to the progressive realisation of these rights, whilst leaving the method of implementation within domestic discretion. The Canadian Charter of Rights and Freedoms only accords domestic constitutional protection to civil rights, leaving the implementation of these social rights within government discretion. This study will examine what has, in the Canadian experience, proven to be the practical consequences of adopting such a policy of 'selective constitutionalisation,' that puts social rights by definition outside the ambit of legal enforcement. Firstly, it will examine the court's approach to cases that have, in the absence of constitutionalised social rights, attempted to indirectly invoke social rights by encouraging a positive social interpretation of the right to equality and the right to life, liberty and security of the person, and will illustrate that the courts have failed to interpret these rights so as to indirectly protect social rights. Secondly, it will consider the relationship between legal, political and social discourse, illustrating that, in light of the non- constitutionalised status of social rights, the values underlying these rights have been marginalised in political and social discourse, facilitating reforms that have restructured and eroded the welfare state, reducing the realisation of social rights within Canada. Thirdly, it will consider the practicability of adopting the alternative approach of according equal constitutional protection and justiciable status to social rights, through an examination of the theoretical literature and the approach taken to social rights under the Final Constitution of the Republic of South Africa 1996. It will illustrate that the philosophical arguments that have been utilised to support the nonconstitutionalised status of social rights are no longer sustainable and that the constitutional experience of South Africa provides evidence that a practical alternative to the position adopted in Canada exists. / Law, Peter A. Allard School of / Graduate

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Change directed at social justice has been partial at best because it leaves the larger unequal context and structures in place. Social work generally takes place in the context of unequal power relation on individual/cultural/structural levels. The inquiry’s aim is to broaden the perspective on change to facilitate social justice. A qualitative approach that is exploratory and descriptive with a flare of phenomenology was used. Anti-oppressive constructionist research is the point of departure. As such the research attempts to be consistent with values of equality where participants are partners and share in the creation of the inquiry. So in the beginning only preliminary questions designed to provide context and stimulate thought about change are explored. The goals and objectives of the inquiry are to discover and describe the perceptions of activists and literature thus expanding meanings of social justice and how it can be facilitated. In the inquiry, motivation to work for change, what is needed to facilitate social justice, what blocks change for social justice and the values and principles that underlie change for social justice are explored. The inquiry asks the question: How can social workers and the profession of social work facilitate change for social justice? / Social Work / D.Phil (Social Work)

Change directed at social justice has been partial at best because it leaves the larger unequal context and structures in place. Social work generally takes place in the context of unequal power relation on individual/cultural/structural levels. The inquiry’s aim is to broaden the perspective on change to facilitate social justice. A qualitative approach that is exploratory and descriptive with a flare of phenomenology was used. Anti-oppressive constructionist research is the point of departure. As such the research attempts to be consistent with values of equality where participants are partners and share in the creation of the inquiry. So in the beginning only preliminary questions designed to provide context and stimulate thought about change are explored. The goals and objectives of the inquiry are to discover and describe the perceptions of activists and literature thus expanding meanings of social justice and how it can be facilitated. In the inquiry, motivation to work for change, what is needed to facilitate social justice, what blocks change for social justice and the values and principles that underlie change for social justice are explored. The inquiry asks the question: How can social workers and the profession of social work facilitate change for social justice? / Social Work / D.Phil (Social Work)