published_or_final_version / Sociology / Master / Master of Social Sciences

published_or_final_version / abstract / toc / Real Estate and Construction / Master / Master of Science in Construction Project Management

No description available.

Diversion is one of the programmes instituted within the Child Justice System. Its aim is to make punishment more rehabilitative and restorative. Prior to the Child Justice Bill, juvenile offenders were prosecuted under the Criminal Procedure Act (CPA). In the absence of any provision and consideration for children and their context, the CPA proved to be too harsh when prosecuting juvenile offenders. It is within this context that the need for reform of the CPA was sought, a search for procedure which would solely deal with child offenders and which would be more suited to child offenders. In an attempt to explore this process, the present study investigates diversion as a programme designed for dealing with child offenders within the Child Justice System and perspectives of deviance which underlie diversion. Broadly, the focus of the research has been on the following issues: how the probation officers interpret the different criteria from the Child Justice Bill 70 of 2003 and subsequently the Child Justice Bill 70 of 2007 in order to select the most appropriate form of diversion, understanding of the Child Justice System, how this justice system works and what the justice personnel look for when deciding on an appropriate sentence for the juvenile offender. The research was carried out in South Africa, in the province of KwaZulu-Natal, in a small town known as Port Shepstone, which is an hour s drive from Durban. It gives an in - depth analysis of diversion by explaining the perceptions and opinions of justice personnel on diversion. The thesis further explored the criteria that are used by the probation officers in assessing the juvenile offender for diversion and the nature of the diversion programme selected. Using a qualitative approach I sought to explore different discursive practices, opinions and perspectives within the Child Justice System and particularly within the diversion programme. In an attempt to gain understanding on the above issues, I conducted open - ended interviews with Child Justice System personnel, probation officers and prosecutors.

This thesis is concerned with two central questions. The first is theoretical and asks, "Can a direct appeal be made to the foundational principles of liberalism to support collective rights?" The second question is practical and asks: "Would such a defense serve the interests of contemporary Canadian Aboriginal claims to special constitutionally recognized collective rights known as the Aboriginal Right?" I utilize Will Kymlicka's defense of minority rights as the theoretical framework in assessing this first question and in assessing the latter, I refer to various reported Aboriginal conceptions of the so-called Aboriginal Right which have been formalized by Aboriginal people themselves through constitutional addresses, Royal Commission hearings, discussion papers and legal claims. Part I of the thesis involves an enquiry into the nature of the revisions that Kymlicka proposes to make to liberal theory, and asks whether, in making such changes, he is able to retain identification with the so-called "modern" liberals, with whom Kymlicka identifies himself, and consistently defend the kind of group minority rights of the sort actually being claimed in Canadian society today. I conclude that Kymlicka argument fails in two respects: it fails to do the work required of it by modern liberals and it ultimately fails to do the work required by the standards of Kymlicka own theory. In Part II, I argue that even if it were theoretically possible to protect the good of culture in the way that Kymlicka hopes, such a defense of collective rights fails in the most important respect: that is, it cannot do the work required of it by the Aboriginal people for whom it was designed.

The move towards a more multidisciplinary approach to the delivery of child protection services in British Columbia raises concerns about the sharing of confidential case material. Factors associated with the information-sharing practices of social workers with law enforcement agencies were examined in this research. This descriptive study involved surveying forty-one intake child protection social workers employed by the Ministry for Children and Families in Vancouver and Coquitlam, using questionnaires. Knowledge of existing legislation, methods of accessing and sharing information with police, and attitudes about police involvement were examined, as well as workers' experience and participation in training. The analysis identified both contributors and obstacles to effective information-sharing and collaboration between social workers and police officers. Informal methods of accessing information were shown to be the most highly used and successful, but the lack of understanding of legislation and of each other's roles interfered with collaborative practice. The results of this research will be of assistance in future training, as well as the development of interagency protocols.

This thesis is concerned with the correctional treatment process for sex offenders, and the problems that criminal justice system authority poses for treatment settings. A particular focus is whether inmate participation in treatment programs is voluntary or coerced, given the link between programs and prospects of release. In examining this question, the author considers the results of an empirical project in which a group of inmates were interviewed about their perceptions of the correctional treatment process. Background to this project includes discussion of the doctrine of informed consent and respect for autonomy as its underlying rationale; discussion of the concepts of coercion and voluntariness; and examination of the development of rehabilitative ideals. A conclusion drawn from the discussion is that the presence of coercive authority may impact adversely upon correctional treatment efforts. Coercive authority creates difficulties in relation to the voluntariness of inmates' consent, the confidentiality of the treatment relationship, and the professional autonomy of the clinician. These problems in turn raise questions as to whether correctional programs retain the character of treatment, or are more properly considered as part of punishment, or as tools of social control. However, coercive authority is a necessary presence if correctional services are to work towards the goal of protection of society. The central question to be addressed therefore is whether the prospects of release can be used to motivate inmates for treatment in a way that is consistent with the requirement of voluntary consent to treatment. The results of the empirical project suggest that for the majority of inmates, the link between treatment and release is not coercive. However, a number of inmates did indicate they felt coerced into treatment programs. Reforms may thus be necessary to avoid coercive authority resulting in coerced treatment. In discussing these results, the author considers a number of directions for reform, including the introduction of an operational presumption of coerced referrals to treatment, which would place greater emphasis on clinicians' obligations to secure voluntary consent.

Despite growing awareness of the severity of domestic violence, the lives of battered women are too often misconstrued by the Canadian public and the judicial system. The author argues that stereotypes of victimized battered women emanating from the courts and feminist theory may both prevent women who kill their partner from making valid claims of self-defence and generally undermine women's fight against oppression. The author reviews the doctrine of the battered woman syndrome and its application in the context of self-defence to illustrate how the courts' treatment of the doctrine conveys a narrow and incomplete depiction of battered women. An alternative theoretical framework based on battered women's partial agency is proposed as a means to address feminist theory's simplified representation of battered women. Various law and policy reform initiatives in the criminal justice system are explored to assess how the law may validate and promote battered women's partial agency.

This dissertation attempts to show that Aboriginal peoples' ways of thinking have not been recognized by early colonial European political thinkers. I begin with an examination of Kymlicka's political theory of minority rights and show that, although Kymlicka is a strong advocate of the right of Aboriginal self-government in Canada, he fails to consider Aboriginal ways of thinking within his own political system. From an Aboriginal perspective this is not surprising. However, I claim that Kymlicka opens the conceptual space for the inclusion of Aboriginal voices. The notion of "incorporation" means that Aboriginal peoples became included in the Canadian state and in this process their Aboriginal sovereignty was extinguished. Aboriginal peoples question the legitimacy of such a claim. A consequence of the Canadian government unilaterally asserting its sovereignty over Aboriginal peoples is that Aboriginal ways of thinking are not recognized as valuable within the legal and political discourse of sovereignty. In chapters two through five, respectively, I examine the Valladolid debate of 1550 between the Spanish monk Bartolome de Las Casas and Juan Sepulveda, The Great Law of Peace of the Iroquois Confederacy, Thomas Hobbes's distinction between the state of nature and a civil society, and Alexis de Tocqueville's account of democracy in America. Each of the examples, except for The Great Law of Peace, generate a philosophical dialogue that includes judgments about Aboriginal peoples. However, none of these European thinkers considers the possibility that Aboriginal voices could play a valuable role in shaping their political thought. To show the value of an Aboriginal exemplar of political thinking I consider the Iroquois Great Law of Peace. The Iroquois view of political sovereignty respects the diversity of voices found within a political relationship. This was put into practice and enforced in early colonial northeast America until the power dynamic shifted betwe

This research aimed to undertake an investigation into the question of whether after divorce, in the matrilineal customary law marriage in Malawi, women's rights are severely violated. The study showed causes of divorce, how proceedings are done, how issues of property are handled, how the issue of custody of children and maintenance are also handled. All this was weighed against the constitutional provisions and international law.