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.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:BVAU.2429/12938 |
| Date | 05 1900 |
| Creators | Buckley, Melina |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Relation | UBC Retrospective Theses Digitization Project [http://www.library.ubc.ca/archives/retro_theses/] |
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