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1
Disbrow, Jamie. "Exclusion by due process: Martin v. Law Society of British Columbia. A Cold War eclipse of civil liberties." Thesis, University of Ottawa (Canada), 1996. http://hdl.handle.net/10393/10374.
Full textAbstract:
The thesis analyzes W. J. Gordon Martin's exclusion from the practice of law by the Benchers of the Law Society of British Columbia in 1948, and the protest raised in response to this action. A conservative legal elite, closely aligned with the provincial state, rejected Martin as unfit due to his Marxian-socialist beliefs and his association with the Communist Labor-Progressive Party. Cold War fears and hostility and a larger conservative campaign against socialism and labour radicalism fuelled the Benchers' actions. Left-wing political and labour groups, students, journalists and civil libertarians protested the Benchers' decision, their conservative elitism, and the legislated discretionary powers which allowed a technically qualified candidate to be rejected for political/ideological reasons. This case occurred during the formative period of the Canadian civil liberties movement, and the protest reflected increased public concern for the fundamental freedoms of the individual. The protest composition, organization, focus, and ultimately its demise, demonstrated the juvenile status of the civil liberties movement. The legal establishment granted Martin "due process," his day in a court where he had no chance of a victory. Civil libertarians chose to grant the procedure and its outcome as conclusive in a period when few safeguards for freedoms existed outside of public vigilance and protest. In the Martin case, the process undermined the principles of civil liberties.
2
Brown, Karen N. "An exploratory analysis of violence and threats against lawyers /." Burnaby B.C. : Simon Fraser University, 2005. http://ir.lib.sfu.ca/handle/1892/2073.
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Perry, Adele. "Gender race, and the making of colonial society British Columbia, 1858-1871 /." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/nq27317.pdf.
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Loo, Tina Merrill. "Making law, order and authority in British Columbia, 1821 - 1871 /." Toronto [u.a.] : Univ. of Toronto Press, 1994. http://www.gbv.de/dms/spk/sbb/recht/toc/273072315.pdf.
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Loo, Tina Merrill. "Law and authority in British Columbia, 1821-1871." Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/30593.
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The central concern of this dissertation is to understand the nature of political authority in pre-Confederation British Columbia through an examination of the colony's law and its courts. In British Columbia, as in other parts of the Anglo-North American world, the law was closely associated with maintaining and upholding political authority, by contributing to both its institutional and ethical foundations. The ability of states to do acts of a specified nature and to impose sanctions if impeded-- its authority -- rests on consent to the "rule of law." The rule of law encompasses the idea that everyone is subject to the same rules of conduct, sanctions and rewards regardless of his condition. Ultimately, the rule of law guarantees equality in an otherwise inequitable world.
Commentators have pointed out that the rule of law is a fiction. Law is normative, and hence the authority it upholds is as well. In British Columbia the rule of law was firmly tied to the market, not the moral economy. British Columbia's law and courts bore the imprint of the colony's commercial economy and its geography. Colonial law and the courts provided a rule-bound arena in which to resolve disputes in a predictable, efficient and standardized manner that suited the demands of a market economy. Capitalism also profoundly shaped the ethical basis on which political authority in British Columbia rested. Commerce involved people in complex relationships. Trials to resolve commercial disputes reflected this complexity. They were lengthy affairs which generated masses of detailed and often technical information. If the demands of the commercial economy for predictable, efficient and standardized conflict resolution were to be met, the Intervention of experts, like lawyers, who could impose order on this mass of information was necessary. Political authority In British Columbia became less paternal and resident in the person of the Judge, and more textual and embedded in printed statutes, precedents and legal texts, as well as the experts who could interpret them.Arts, Faculty of
History, Department of
Graduate
6
Seto, Debbie W. H. "Condominium conversion regulations in British Columbia." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/26916.
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The thesis examines the condominium conversion regulations of thirteen municipalities in the Vancouver Metropolitan area to determine how effective they are in addressing the concerns underlying conversion policies. The study begins with a review of the Canadian housing literature over the past two decades in order to identify the nature of Canadian rental housing problems, how these problems are defined and analyzed; and what policy prescriptions are offered. As part of the review of municipal conversion regulations, the legal context and the extent of legislative power for implementing conversion controls by local governments are examined. The study also examines the concept of private property rights--a fundamental philosophical issue in the policy debate over conversion regulations.
Although the literature provides no consensus on the underlying causes or the appropriate policy response, it is clear that there are serious problems with Canada's urban rental housing sector. The problems include persistently low vacancy rates, declining private rental starts and the difficulty experienced by a considerable portion of low- and moderate income renters in affording private rental units. The province of British Columbia provides municipalities with broad discretionary powers to regulate conversions. In spite of the potential to devise comprehensive and innovative policy responses, existing municipal conversion regulations tend to be narrow in scope, inconsistently applied and many contain serious loopholes. A closer examination of recent conversion trends in the City of Vancouver provides evidence to show that conversions continue to take place and that Vancouver's conversion regulations are aimed primarily at ensuring compensation for displaced tenants, rather than effectively protecting the city's rental housing stock.
The thesis concludes that if municipalities are to maintain a diversity of choice in housing tenure, a re-evaluation of conversion policies at both the provincial and municipal levels is warranted. Conversion policies can be improved by combining several approaches such that the strength of one compensates for the weakness of another. Further research is needed in the areas of rental housing demolitions, deconversions, fire and other phenomenon which contribute to the depletion of the rental stock. If wise and informed policy decisions are to be made, the detailed accounting of annual rental housing starts and completions must include those units lost through conversions and other activities.Applied Science, Faculty of
Community and Regional Planning (SCARP), School of
Graduate
7
Özden-Schilling, Thomas Charles. "Salvage cartographies : mapping, futures, and landscapes in northwest British Columbia." Thesis, Massachusetts Institute of Technology, 2016. http://hdl.handle.net/1721.1/104558.
Full textAbstract:
Thesis: Ph. D. in History, Anthropology, and Science, Technology and Society (HASTS), Massachusetts Institute of Technology, Program in Science, Technology and Society, 2016.Cataloged from PDF version of thesis.
Includes bibliographical references (pages 361-394).
This dissertation examines how the proliferation of digital mapping technologies and the contraction of government research institutions have reformatted contests over resources, sovereignty, and local belonging in the neoliberal era. The two groups at the heart of this multilocale ethnography, government forest ecologists and Indigenous Geographic Information Systems (GIS) specialists, share entangled histories throughout rural North America. This is particularly true on the Gitxsan and Gitanyow traditional territories in northwest British Columbia. As climate change and emergent forest diseases destabilize both Indigenous and settler communities' abilities to predict and plan for environmental shifts, disparate experts are learning to leverage marginalized maps and ecological succession models to reconstitute modes of professional succession rendered precarious by government reforms and internal tribal conflicts. The opening chapters of the dissertation examine two experimental institutions - an independent forest ecology research center in Smithers, B.C., and a defunct GIS analysis team based on a nearby Gitxsan reserve - to examine how rural scenes of collaboration complicate the modalities of influence and organizational coherency often attributed to professional scientific networks. Later chapters explore experimental forest and traditional territories where ecologists and Indigenous GIS specialists have sought to articulate risks and project landscape futures by producing technical knowledge. For both communities, transects, grids, and other techniques of marking space have forced them to negotiate tensions between the temporal decay of these spaces and the lifespans of individual researchers. The concluding chapter examine the agencies of archives and simulations produced by two separate long-term forestry modeling groups. By treating their discarded models as anchors of a kind of professional legitimacy no longer stably recognized by a changing provincial government, I argue that senior forestry modelers are struggling to frame their work within longer historical narratives which supersede the temporalities of the state. Twentieth century conservationism drew heavily on essentialized discourses of "nature" and "culture" to construct old-growth rainforests and other contested spaces as objects worthy of protection. This dissertation examines the destabilization of these classification systems, and the palimpsest of legal definitions and lived concepts of territory left behind as regulatory responsibilities devolve and dissolve.
by Thomas Charles Özden-Schilling.
Ph. D. in History, Anthropology, and Science, Technology and Society (HASTS)
8
Belcher, Jon P. MacLean. "Vulnerability to natural disasters in a rapidly growing, affluent society, British Columbia, Canada." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ40331.pdf.
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McInnis, J. Arthur. "A commentary on the International Commercial Arbitration Act of British Columbia." Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=63987.
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Miller, Thomas Wright. "Land use contracts revisited." Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/30011.
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The changes to the British Columbia Municipal Act repealing land use contracts in 1978 by Bill 42, and the subsequent amendments leading up to Bill 62 in 1985 and Bill 30 in 1987 have been both dramatic and comprehensive in their effect on land development and the approval process. Since the repealing of land use contracts and in spite of the new amendments, B.C. planning legislation has been increasingly criticized among developers, planners, and local governments for the lack of development agreement provisions and adequate flexibility in the municipal approval process.
This thesis investigates the possibility of reintroducing land use contracts as a development agreement control in the context of current planning practices. A literature review of the evolution of municipal planning control in B.C. is conducted to provide background information for a theoretical and practical evaluation of the current system of controls in comparison to the former system of land use contracts. The theoretical evaluation is based on measuring both systems against normative criteria, whereas the practical evaluation is comprised of a local government/development industry survey and several case studies.
The following conclusions are made in this research:
- Land use contracts were introduced in response to a growing need among local governments for some legitimate legislative means of entering into development agreements with developers to require developers to assist in providing the municipal services associated with their development.
- Local government support for the land use contract was based on the ability to regulate design, ensure regulation performance, and to enter into off-site servicing and amenity agreements.
- The development industry was initially supportive of land use contracts because they offered unlimited flexibility during negotiations and the certainty of a legal contract immune to future zoning changes. Developers eventually withdrew their support for land use contracts complaining of large scale downzoning, lengthy approval delays and excessive impost fees. Many of these allegations are dispelled in this research, but the real weakness of the land use contract was that it was difficult to amend and could be used extensively to replace zoning, effectively "fettering" future council's planning powers.
- In the absence of the land use contract, many municipal governments are continuing with a land use contract practice, but without a legislative or in some instances legal basis.
- The theoretical analysis, survey and case studies determine that the current planning legislation is adequate for the most part. There is a need however, for a land use contract mechanism to accommodate mixed use, comprehensive or complicated developments. This type of control was determined to be superior in accommodating these types of projects to the current approach of using a variety of planning mechanisms. Generally there is support among local governments and the development industry in B.C. for new land use contract legislation as long as it is more clearly defined to avoid the mistakes of its use in the 1970's.
On the basis of this analysis, the study recommends that land use contract reintroduced but in a much more controlled and limited way.Applied Science, Faculty of
Community and Regional Planning (SCARP), School of
Graduate
11
Habkirk, Allison Margaret. "Local government heritage planning legislation in British Columbia." Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/31233.
Full textAbstract:
Local Government Heritage Planning Legislation in British Columbia investigates and critiques the community planning policies of the provincial government white paper Toward Heritage Legislation. This investigation is undertaken from the perspectives of the experience of other jurisdictions and the views of professional heritage planners in British Columbia.
The primary objectives of this thesis are:
i) to illustrate by examining the history of heritage conservation legislation in other jurisdictions that there is a common pattern to the evolution of conservation legislation and that the proposals of Toward Heritage Legislation are consistent with this pattern
ii) to examine the views of professional heritage planners regarding the proposed policies and
iii) to argue that the proposed policies demonstrate both strengths and weaknesses and that a strong implementation framework will be required if the policies are to be implemented effectively.
These objectives are achieved by the use of two methods. First, the history of heritage conservation is traced through a review of the relevant historical literature on the legislation of other jurisdictions. Second, fifteen professional heritage planners from across British Columbia are interviewed regarding their views on the proposed policies.
The first conclusion of the thesis is that there is a pattern to the development of heritage legislation in other jurisdictions. This pattern illustrates that early heritage legislation focuses largely on the conservation of individual sites and monuments and that over time the legislation evolves and ultimately demonstrates three characteristics: one, the recognition of the context of individual sites including grouping of individual sites to form historic areas and districts, two, the integration of heritage planning into the day to day planning processes of local government and three, the devolution of responsibility for heritage conservation from senior to local governments.
The data collected from the consultations with professional planners indicates that there is broad support for the conceptual basis of the proposed policies but that there are significant weaknesses in the details of the proposals. The planners indicate that in particular there are weaknesses in the ability to implement the policies within existing local government administrative practices.
The thesis also concludes that the community planning proposals of Toward Heritage Legislation are consistent with the policies of other jurisdictions and in fact represent the logical next step in the development of heritage legislation in British Columbia. However, the planners interviewed clearly cautioned that the details of the policies must be reviewed, clarified and
modified if they are to be successfully implemented. Their concerns focused on three general areas: the planners indicated in some cases that they did not support individual policies as proposed, secondly they requested clarification and detailing of the implementation of individual policies and thirdly, they advised that additional resources will be required to successfully implement the policies.
The final conclusion of the thesis concerns the importance of training personnel to implement new heritage legislation. The consultations with the planners highlighted the current weaknesses of training for heritage planners and emphasized the importance of this shortcoming for the future of heritage conservation in British Columbia.Applied Science, Faculty of
Community and Regional Planning (SCARP), School of
Graduate
12
Anderson, Thomas Robert. "Rural land use control : an alternative to the standard zoning by-law." Thesis, University of British Columbia, 1985. http://hdl.handle.net/2429/25156.
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This analysis is based on a situation which has evolved in Electoral Area "G" within the Regional District of Okanagan-Similkameen located in the south central sector of the Province of British Columbia. The spread of urbanization into this unzoned rural area in the form of a large block subdivision created a land use conflict with existing agricultural uses. The Regional District responded by proposing to zone the entire electoral area with a standard zoning by-law. Rural residents reacted to oppose this idea saying the standard zoning by-law is too stringent. The Regional District eventually spot zoned the property in question which limited the development to that which was initially proposed. While this measure solved the immediate problem, it did little to prevent future land use conflicts.
The situation just described highlights the two issues which form the purpose of this study. First, that some form of land use control is necessary
in rural areas because existing residents and land users should be protected from possible conflicting or undesirable land uses; and second, an alternative land use control should be developed to replace the standard zoning by-law which residents are so strongly opposed to.
To obtain more information on what the main participants in rural land use planning think about the standard zoning by-law; Regional Planners were asked why they felt the implementation of the standard zoning by-law was important; and residents were asked why it should not be implemented? The statements by both groups were analyzed for their validity. Research showed that most of the planners statements were true but that existing provincial land use controls have more of an effect on development than is realized. Analysis of residents statements showed that some are based on rumours and emotions rather than fact. However, regardless of fact the way in which the public perceive a situation is important and must be considered.
An investigation of the Development Permit, Flood Plain Zones, Spot Zones, Contract Zones and Conditional Zones as alternatives to the standard zoning by-law revealed their positive and negative aspects along with their suitability for implementation in Electoral Area "G".
Incorporating what had been learned in previous chapters, a Rural Maintenance By-law proposes two important differences. First, is a list of prohibited uses rather than the usual permitted uses. A list of prohibited uses is felt to better suit the two zoning district concept being proposed. It also presents a more positive image of a land use regulation to the public. Second, flexibility is built into the concept by way of a conditional zoning technique. In this way, developments will not be restricted by the stringent regulations found in a standard zoning by-law. It will also encourage resident participation in the development process of their area. And finally, it will require the planner to work at the grass roots level with developers and residents to negotiate the best possible development for future generations.Applied Science, Faculty of
Community and Regional Planning (SCARP), School of
Graduate
13
Begg, Michael. "Legislating British Columbia : a history of B. C. land law, 1858-1978." Thesis, University of British Columbia, 2007. http://hdl.handle.net/2429/32077.
Full textAbstract:
Almost all of British Columbia, 95%, is public land, managed by the B.C. government.
This "95/5 split" is unique in the industrialized world. Public land, in its use for forestry, oil
and gas, mining, tourism, and agriculture, remains the foundation of the B.C. economy. It
has also come to define how the people of British Columbia see themselves as a society. But
when did land become so much a part of British Columbia's identity? How is it that so
much of British Columbia remains public? What does the high proportion of public land tell
us about the role of the government? Why does land continue to have such an important
role in this modern society? And what role does law play in the relationship among society,
the economy, land, and government?
With these questions as its starting point, this thesis offers a history of British Columbia
through the lens of legislation for the allocation of land. The period covered, 1858-1978,
enables the study of the two major periods of transition in land law, and of the continuity
between them. Those periods are the establishment of colonial land legislation, from 1858-
1871, and the upheaval of those laws, from 1965-1978, ending just before the era of
provincial land-use planning. A close study of these two periods, and of the themes
apparent in the changes to the legal regime between 1871-1965, allows the thesis to ask
questions about the role of law itself: Is law merely a tool of economic and political actors, or
does it play an instrumental role of its own in structuring society? This thesis argues that, in
the context of B.C. land legislation, law does play such a role, and considers the implications
of this conclusion for those, such as environmentalists, seeking to change society.Law, Peter A. Allard School of
Graduate
14
Wilson, Norma J. "Mining in parks : an analysis of the policy framework for B.C.'s provincial parks." Thesis, University of British Columbia, 1989. http://hdl.handle.net/2429/42025.
Full textAbstract:
The provincial parks of British Columbia have endured varying degress of
resource exploitation since the creation of the first provincial park in B.C.,
Strathcona Park in 1911. B.C. Parks, the government agency which manages
B.C.'s parks, administers the Park Act (R.S.B.C. 1979 C.309) and derives its
dual goals for recreation and conservation from the Act. In addition to the
Park Act, there are several levels of policy for B.C. Parks which guide decisions
regarding resource use in parks, including "Striking the Balance - B.C. Parks
Policy Statement," occasional policy statements in News Releases, and some
conditions in resource use permits.
This thesis examines the levels of policy which guide decisions regarding mining
in parks in British Columbia and the consistency of the commitment to the goals
of B.C. Parks through the policy levels. The approach to policy analysis taken
is that a policy is both an output of the level above, and an input to the level
below. Three criteria are derived from the definitions of policy in the literature.
They are that policy should be clear and a guide to decision-making, that it
should be forward-looking, and that it should be enforceable. The fourth criterion
says that the goals of B.C. Parks stated in the Park Act should be traceable
through the policy levels.
Since 1973, there have been five policies regarding mining in B.C.'s parks which
stand out as significantly altering the commitment of B.C. Parks to its goals.
In two of these policies the recreation and conservation goals of B.C. Parks are
apparent, while the goals are not apparent in three of the policies.
Foreseeable decisions for mining in parks are examined, and the ability of the
present policies to guide the decisions is tested. B.C. Parks retains little
decision-making authority with respect to mining in parks. On a mineral claim
in a recreation area, the Ministry of Energy, Mines and Petroleum Resources has
jurisdiction. Off a mineral claim in a recreation area, B.C. Parks has limited
authority over mining activities. The fundamental decisions which rests with
B.C. Parks is whether or not the recreational values of the area are sufficiently
impaired by mining to delete it from the park system.
Surprises can occur when the results are different from what was expected,
either because the cause is different, the behaviours are not what was
anticipated, or an action produces the opposite result from what was intended
(Holling 1986: p.294). Several surprises with regard to mining in Parks are
imagined and the challenge to the goals of B.C. Parks through the policy levels
is examined. A strong commitment to the goals at the upper levels of parks
policy, and reflected through the levels is proposed to ensure that B.C.'s parks
survive challenges from mining and from other sources.Applied Science, Faculty of
Community and Regional Planning (SCARP), School of
Graduate
15
Sakata, Tommy Taira. "An assessment of area licence configurations in the B.C. salmon fishery." Thesis, University of British Columbia, 1985. http://hdl.handle.net/2429/24911.
Full textAbstract:
There has been much discussion of the merits and limitations of area licensing, i.e., a fishery management tool which restricts fishermen to certain geographic areas, in the British Columbia," Canada, salmon fishery. To date there has been little formal evaluation of the implications of this policy tool for salmon fishery management. In the reports by Pearse (1982), Sinclair (1978) and Fleet Rationalization Committee (1982) some insights on the subject are provided, but an evaluation in terms of specific criteria is lacking.
This study evaluates five area licence configurations in the context of the B.C. salmon fishery. They are assessed based on evaluative criteria that cover the following subject areas: management operations; socio-economic effects; biological effectiveness; and economic efficiency. Each of these broad subjects are factored into specific elements, in which the emphasis is on the nature of the fishery and the resource. From the analysis it was found that the area licence configurations that factored the coast into two large harvest areas or the configuration that alienated small area(s) as test area(s) are most appropriate for the fishery. These configurations facilitated the attainment of management operations, socio-economic and biological goals, but not the economic efficiency goals. The other configurations, in particular those that factor the coast into a number of smaller harvest areas, result in exacerbating the problems with all criteria except economic efficiency and some biological factors. The appropriate area configurations for the B.C. salmon fishery would be the configurations that factors the coast into two large harvest areas; or the configuration where two or three small harvest areas are alienated from the existing harvest area. There are three fundamental reasons for this: (1) they are least disruptive (i.e., minimum impact on present harvest patterns, least politically sensitive, and minimum distributional effects); (2) they offer greatest flexibility to address political, economic, biological and social uncertainties; and (3) these area configurations provide the greatest ease of implementation and incremental adjustment of the status quo. Acceptance of these configurations will depend on the time horizon and the objectives of the decision makers.Applied Science, Faculty of
Community and Regional Planning (SCARP), School of
Graduate
16
Bush, Pamela Joanne. "See you in court : native Indians and the law in British Columbia, 1969-1985." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/26789.
Full textAbstract:
Between 1969 and 1985, native Indians in British Columbia have used the courts in a significant number of cases to pursue goals which can be considered particularly Indian in that they have arisen as a result of the Indians' position as one of the indigenous peoples of Canada. Three general questions with respect to the use of the courts are addressed. First, what goals have native Indians pursued in the courts, and how are these related to the objectives which native Indians are pursuing in the political arena? Second, how have these goals been pursued in court; that is, what legal arguments were used, how were these related to the goals pursued, and how do these affect the possible impact of the cases? Third, what have been the consequences of court action?
Through an examination of the court cases in which native Indians were involved from 1969-1985, four major goals were identified. First, native Indians used the courts in order to ensure that they received the benefits to which they were entitled under the provisions of the. Indian Act. Second, native Indians challenged the way in which the federal government had administered the Indian Act. Third, Indians have attempted to preserve their traditional way of life by arguing that federal and provincial legislation which regulates hunting and fishing should not apply to them. Fourth, native Indians have used the courts in attempts to prevent damage to land and resources to which they have a claim. Native Indians have not attempted to achieve a recognition of their right to self-government through court action; rather they have pursued goals which can be termed "economic" from the viewpoint of non-native society.
Native Indians have used the courts both in order to achieve legal solutions to disputes, and as a means of putting economic and political pressure on governments. In their attempts to use the courts to achieve legal solutions, Indians have achieved some successes. The overall utility of the courts as a means of putting economic and political pressure on governments has yet to be determined, although to date it would appear that native Indians have made some gains by using the courts in this way.Arts, Faculty of
Political Science, Department of
Graduate
17
Beck, Robert William. "What is not justice is not law, patterns of crime and law enforcement in Victoria, British Columbia, 1922-1940." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ32680.pdf.
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Falcon, Paulette Yvonne Lynnette. "If the evil ever occurs : the 1873 Married Women's Property Act : law, property and gender relations in 19th century British Columbia." Thesis, University of British Columbia, 1991. http://hdl.handle.net/2429/30571.
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This study will examine the circumstances surrounding the passage of the British Columbia Married Women's Property Act, 1873 and the judicial response to it. The statute was an attempt on the part of legislators to clarify and facilitate married women's actions in the marketplace, while accomodating new ideas about women's place in society. But despite the rhetoric about women's rights and the bill's more egalitarian potential, it precipitated no domestic revolution. The courts, in turn, ignored the legislation's more liberal provisions and interpreted it solely as a protective measure. Notwithstanding their different views on gender relations and marital property reform, legislators and judges shared common beliefs about the importance of family life. Consequently, the law defended women's legal rights as family members more than as individuals. Overall, the bill represented a compromise. Although it was meant to alleviate some of a wife's legal disabilities so that she could participate more freely in the economic life of the community, it was also grounded in the Victorian paternalism of the legislators who enacted it and the judges who enforced it. As a result, despite the challenge presented by the provisions of the Married Women's Property Act, the doctrine of marital unity proved remarkably resilient.Arts, Faculty of
History, Department of
Graduate
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Cliff, Jennifer E. "Following versus breaking with precedent : organizational conformity and deviation in the British Columbia legal profession." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape2/PQDD_0018/NQ48623.pdf.
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Gardner, Alexander Walter. "Negotiation and agreements in integrated resources management." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/26138.
Full textAbstract:
The purpose of this thesis is to propose a model of integrated resources management which uses techniques of negotiation and agreements to involve all interested parties in the decision making process. The thesis is developed in two parts. Part I defines the model and principles which are applied in Part II to a case study of forestry planning in community watersheds.
For some years now there have been calls for natural resources management on an ecological basis. To achieve this, the law must define legal rights and procedures which ensure that all affected human interests are taken into account in management decision-making. The decision-making is characterized as a bargaining process aimed at balancing the competing interests of all affected parties. Bargaining connotes a use of negotiation and agreement.
However, the established legal uses of these techniques are restricted to situations involving few parties. Complex integrated resources management has been conducted primarily through expert discretionary administration. But bureaucratic administration of complex issues is now understood as an inherently political process fraught with scientific and values uncertainties and lacking legitimacy because it is not effectively accountable to the parties whose interests are affected.
The recent experience with environmental alternative dispute resolution ("ADR") suggests techniques for all affected parties to be taken into account by representative negotiation and agreement. A review of examples of environmental ADR provides some principles about the use of negotiation and agreements to supplement the regulatory processes of integrated resources management. Those principles relate to the assertion of legal rights, the need to remedy dissatisfaction with judicial procedures and the adversary system as means to challenge regulatory decisions, the negotiation process itself, and the regulatory approval and implementation of negotiated agreements.
The case study commences with an analysis of the legal context. It reveals an uncertain regime of legal rights and authority. The Ministries involved have great discretionary authority; the forest licensee's legal relations are principally of a contractual nature with the Crown; and the water licensees' rights are ill-defined. This uncertain legal regime does not facilitate bargaining between the affected resource licensees.
The integrated resources management framework established under administrative authority does have the potential to facilitate bargaining. Whilst the new framework is innovative and establishes new institutions, rights and duties, it is difficult to determine authoritatively the elements of that framework because they are found only in a set of policy documents and are still subject to the uncertainty of administrative discretion.
Negotiation and agreements may occur in a number of different contexts in the integrated resources management framework, especially in the context of the Technical Review Committee which is the main arena for negotiation between the interested parties. There is a commentary on the negotiation process, much of the material for which was gathered in interviews with representatives of the parties involved. Various reforms of the framework should be considered to facilitate bargaining and confine administrative discretion. Principal among these are the right of all parties to appeal to an administrative tribunal when the regulatory decision is made without the consensus of the negotiating committee, and clarification of the method of adjudicating compliance with regulatory conditions.
In summary, the whole framework established by the policy documents should be revised and given a legislated base. In doing this, certain legal questions need to be considered. Ultimately, the utility of the model proposed depends upon the capacity of the law to define the various natural resource interests of all people in the community.Law, Peter A. Allard School of
Graduate
21
Salinas, Ferreira Adi D. "Immigrant Labor in Fish Processing in the Pacific Northwest and British Columbia and Current Undocumented Labor." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/pomona_theses/130.
Full textAbstract:
The beginning of industrialized fish processing plants reveals themes of labor exploitation, racial and gender segregation, and antagonistic legislation that have continued well into the present. Today in the Pacific North West, the majority of workers are Latino and many among them are undocumented or DACAmented. Many aspects of the work conditions in salmon canneries back in the late 1800’s to the mid 1900’s and the work conditions in present day fish processing plants have not changed. Many jobs in a fish processing plant remain gendered, and when there is more than one race working in a single plant racial tensions as well as differences in the owners expectations of labor output by race may arise. The study interviews undocumented workers and documents their experience working in fish processing plants as well as provides historical context.
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Urquhart, Ian Thomas. "Interdependence, state competition, and national policy : regulating the British Columbia and Washington Pacific salmon fisheries, 1957-1984." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/27555.
Full textAbstract:
This study explores the politics of regulating the British Columbia and Washington commercial salmon fisheries between 1937 and 1984. The principal focus of this comparative-historical study is upon one particularly striking exception to the tendency of regulators to tighten commercial salmon fishing restrictions over time - the persistence of liberal offshore trolling regulations. The dissertation argues that the anomalous treatment of the offshore troll fishery during this period may be ascribed to the competition between states for the right to harvest salmon - a common property resource.
In making this claim, the study questions the adequacy of the interest-group driven explanations of policy which figure prominently in the literature on regulation. Two pillars of interest group theory, the tendencies to explain national policy only through reference to domestic politics and to reduce state behaviour to little more than the product of the demands of private sector interests, are challenged in this comparative case study.
The challenge to the first tendency of interest group theory is sustained by examining the relations between national regulatory preferences and the foreign fishery policy goals of Canada and the United States. The pursuit of two goals - Asian exclusion and North American equity - in bilateral and multilateral negotiations demanded the adoption of particular regulatory profiles. Liberal offshore troll regulations may be explained according to the legitimacy and bargaining advantages they lent to Canadian and American efforts to incorporate these two goals into modifications to the traditional fishery regime.
The study also suggests that, in a setting characterized by intergovernmental competition, regulatory policies may not always be equated with the preferences of interested private parties. In this setting the state's ability or willingness to respond to even the most influential private sector interests may be limited by the state's evaluation of its bargaining resources and requirements. State competition created a context where government attitudes towards offshore salmon fishing could be understood in terms of state preferences, preferences derived from officials' perceptions of the legitimacy of various national regulatory policies in the context of valued international institutions.
While state competition is the centrepiece of the explanation of national fishery policy developed in this study its explanatory power is mediated by two intervening institutional variables - the capacities of states to formulate and implement policies and the structure of the international regime itself. The level of knowledge regarding the salmon resource played an instrumental role in the formulation of regime goals and of pertinent national policies. The extent to which state management in offshore waters was fragmented between different bureaus affected the ability of officials to adopt national policies which suited their international purposes. The redistribution of the American state's fishery management capacity in the 1970s was a catalyst for the severe restrictions visited upon Washington trailers at that time.
A second institutional factor, the structure of the international fishery regime, also mediated the competition between states. The series of reciprocal fishing privileges agreements between Canada and the United States was particularly important in maintaining established offshore regulatory preferences during the 1970s when the clash between American and Canadian salmon fishery perspectives was intensifying.Arts, Faculty of
Political Science, Department of
Graduate
23
Chow, Lily Lucia. "Criminalization of the mentally ill : a study of psychiatric services within the Lower Mainland Regional Correctional Centre, Health Care Centre." Thesis, University of British Columbia, 1991. http://hdl.handle.net/2429/29687.
Full textAbstract:
This paper examines the plight of the incarcerated mentally ill. After a consideration of the historical factors which have contributed to the current philosophy and pattern of services throughout North America, and specifically in British Columbia, the paper reports on a qualitative study using participant observation, informal and formal interviews, and Strauss' Constant Comparative Methods which was undertaken to identify the needs of the mentally ill individuals who are serving a term of imprisonment in the Health Care Centre of the Lower Mainland Regional Correctional Centre. Altogether there were eighteen formal participants. They included six mentally ill offenders, six correctional personnel, and six health care professionals. A critical analysis of the major findings -alienation, lack of organizational commitment, and the incongruencies between our social policies and practices - provided the basis for program recommendations. The challenge lies in the building of a vision that values humane treatment for the marginal members of our society.Arts, Faculty of
Social Work, School of
Graduate
24
Ali, Faisal Mohamed. "The challenges and opportunities of implementing an Islam-based education system in Canada's multicultural society : the case of the British Columbia Muslim School." Thesis, Durham University, 2012. http://etheses.dur.ac.uk/6355/.
Full textAbstract:
Abstract This dissertation explores how the British Columbia Muslim School (BCMS) re-sponds to the tension between preserving and promoting an Islamic worldview and values and the challenge to correspond to the norms and values of the dominant soci-ety in the context of Canada’s multicultural society. The dissertation further focuses on how the school teaches students the principles of Islam to strengthen their faith and identity while providing a safe environment in which to practice their faith and adopt an Islamic way of life. It also discusses the challenges faced by students and teachers of the BCMS in practicing Islam in public. In addition, the dissertation analyses perspectives on developing multicultural com-petence; how the BCMS deals with the issue of isolation, and the compatibility of an Islamic education with Canada’s multicultural system. This dissertation argues for the development of a more open and inclusive Islamic education curriculum for the BCMS as an alternative to the present exclusive cur-riculum that, as Ramadan (2004) observes, emphasises the differences between Islam and the mainstream society. If there is a hope of creating better integrated students, the Islamic education curriculum should find a balance between preserving students’ beliefs and Islamic identity, and enhancing their multicultural competence. To this end, the Islamic education program should expand the concept of respect to in-clude non-Muslims’ beliefs and cultures, and define good Islamic practices to include good citizenship in the multicultural context. In return, this dissertation argues, Canada’s public schools, government agencies, and media outlets should develop policies aimed at challenging Islamophobia and present Islam from a perspective of peace and social justice, and not from the nega-tive images which present Islam as a religion based on extremism (Zine, 2004). Finally, the dissertation offers some recommendations for finding a balance between preserving students’ faith and identity, and enhancing their multicultural competence.
25
Rye, Tom. "Bicycle policies and programmes in Vancouver, B.C. and Seattle, Washington : a comparison." Thesis, University of British Columbia, 1991. http://hdl.handle.net/2429/31463.
Full textAbstract:
This thesis compares the evolution of the policies and programmes for bicycle planning which have developed in Vancouver, B.C., and Seattle, Washington since 1970. The bicycle policies of the two City governments are reviewed, as are the outcomes of these policies in terms of programme activities. The activities of other organisations, both voluntary and governmental, are also considered in the broad review of bicycle-related activities in the two cities. The bicycle policies and programmes of both are compared to models developed from the literature.
The reasons for the differing development of bicycle policies and programmes in the two cities are examined from an historical perspective. It is concluded that the development and implementation of a bicycle policy faces similar problems to that of any other policy that is at the margin of political acceptability. It is argued that bicycle policies will be implemented much more readily if there is an active well-organised cyclists' lobby; if there is a bicycle coordinator employed by the municipality; and if cyclists can link their cause to one with broader political support (in this case, open space).Applied Science, Faculty of
Community and Regional Planning (SCARP), School of
Graduate
26
Burtch, Brian E. "Midwifery practice and state regulation : a sociological perspective." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/26966.
Full textAbstract:
Midwifery practice in Canada is anomalous in that, unlike other industrialized nations, a distinct legal status for nurse-midwives and community midwifery has yet to be established. Despite this constraint, community midwifery has survived the lack of institutional support for home births and legal prohibitions directed against it the manner of State regulation of midwives is a central issue in this study. It is shown that the State shapes the possibilities of midwifery in a contradictory manner, promoting midwifery on the one hand, and prosecuting and restricting midwifery practice on the other. A modified structuralist perspective on the State is developed with respect to midwifery. The Canadian State serves to limit possibilities for midwifery through various provincial enactments in quasi-criminal law, through the greater likelihood of criminal prosecution of midwives than physicians or nurses, and through funding of the established professions and hospitals.
This thesis then, offers a critical examination of the anomalous occupational and legal status of Canadian midwives, using historical materials on the development of midwifery practice and cross-cultural data on the role of midwives in traditional cultures. It is argued that many of the reservations about community (lay) midwives are no longer applicable, and that the containment of nurse-midwives reflects an historical accommodation between the nursing and medical professions in Canada. This accommodation meets the need for highly-skilled obstetrical nurses or nurse-midwives within the tradition of physician dominance in health care.
A major empirical focus of the study is a documentary analysis of birth records from community midwives, primarily in British Columbia and Ontario, between 1972 and 1986. Analysis of the data confirms that qualified community midwives, working under normal circumstances, manage births safely and with a minimum of interventions during labour and delivery, and during the prenatal and postpartum periods. Where comparisons with provincial and national populations are available, women attempting home birth under the care of a community midwife tend to have lower rates of forceps delivery, caesarean section, and episiotomy. These women are also likely to deliver their babies in positions other than the standard lithotomy position or prone position, and to have a lower incidence of perineal tears. Nevertheless, difficulties associated with the unregulated and often idiosyncratic situation of community midwives are underscored, particularly with regard to establishing guidelines for domiciliary midwifery.
Data from the Low-Risk Clinic at Vancouver's Grace Hospital, together with reports on other nurse-midwifery programmmes, reinforce the claim that nurse-midwives can practice autonomously in providing prenatal care, assistance in labour and delivery, and postnatal care. The likelihood of realizing autonomous midwifery practice depends upon the particular agendas of the State, the structural interests of the professions, and the initiatives of midwives and health consumers who lobby for certification of safe alternatives in maternal and infant care.Arts, Faculty of
Anthropology, Department of
Graduate
27
Haggerty, Bernard P. "Hate crime law & social contention : a comparison of nongovernmental knowledge practices in Canada & the United States." Thesis, University of British Columbia, 2008. http://hdl.handle.net/2429/1520.
Full textAbstract:
Hate crime laws in both Canada and the United States purport to promote equality using the language of antidiscrimination law. National criminal codes in both countries authorize enhanced punishment for crimes motivated by “sexual orientation” but not “gender identity” or “gender expression.” Cities and states in the United States have also adopted hate crime laws, some of which denounce both homophobic and trans-phobic crimes. Hate crime penalty enhancement laws have been applied by courts in both Canada and the United States to establish a growing jurisprudence. In both countries, moreover, other hate crime laws contribute to official legal knowledge by regulating hate speech, hate crime statistics, and conduct equivalent to hate crimes in schools, workplaces, and elsewhere.
Yet, despite the proliferation of hate crime laws and jurisprudence, governmental officials do not control all legal knowledge about hate crimes. Sociological “others” attend criminal sentencing proceedings and provide support to hate crime victims during prosecutions, but they also frame their own unofficial inquiries and announce their own classification decisions for hate-related events. In both Canada and the United States, nongovernmental groups contend both inside and outside official governmental channels to establish legal knowledge about homophobic and trans-phobic hate crimes.
In two comparable Canadian and American cities, similar groups monitor and classify homophobic and trans-phobic attacks using a variety of information practices. Interviews with representatives of these groups reveal a relationship between the practices of each group and hate crime laws at each site.
The results support one principal conclusion. The availability of local legislative power and a local mechanism for public review are key determinants of the sites and styles of nongovernmental contention about hate crimes. Where police gather and publish official hate crime statistics, the official classification system serves as both a site for mobilization, and a constraint on the styles of contention used by nongovernmental groups. Where police do not gather or publish hate crime statistics, nongovernmental groups are deprived of the resource represented by a local site for social contention, but their styles of contention are liberated from the subtle influences of an official hate crime classification system.
28
Morse, Samantha E. "Dreading He Knew Not What: Masculinities, Structural Spaces, Law and the Gothic in The Castle of Otranto, Pride and Prejudice, and Wuthering Heights." Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/pitzer_theses/58.
Full textAbstract:
This essay investigates the integral linkages between Gothic spaces and Gothic masculinities in three texts: Horace Walpole’s The Castle of Otranto (1764), Jane Austen’s Pride and Prejudice (1813), and Emily Brontë’s Wuthering Heights (1847). At the core of this examination is architecture, or more specifically, the physical constructions and built environments that comprise a man’s property. I explore how a man uses his property to construct, legitimize, and perform his identity. In the Female Gothic, the home is a place of anxiety for women, where patriarchal dominance and violence reign to constrain female agency. I argue that the home is also an anxiety-ridden space for men, who are similarly tyrannized by a force they have limited power to fight against: legality. The issue of legally legitimized property ownership as a means of defining masculine selfhood in these texts lead men to extreme, and arguably unnatural, resorts to cling to their coveted status as autonomous property holders and virile men. In short, I aim to define a specifically Gothic masculinity. Yet, by using Pride and Prejudice, I will argue that this Gothic masculinity is not limited to Gothic texts.
29
Lindgren, Gabriella. "Kolonialismens efterdyningar och kommunismens närvaro : En jämförande diakronisk fallstudie av demokrati i Hong Kong under brittiskt och kinesiskt styre." Thesis, Umeå universitet, Statsvetenskapliga institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-175137.
Full textAbstract:
Hong Kong, the Special Administrative Region under “one country, two systems”, is also one region that have been under two different rulers, which returned to China 1997 after 150 years of British colonial rule. The purpose of this study is to examine if the democracy in Hong Kong differs between British and Chinese rule. The empirical material about Hong Kong will be analysed through civil society, political society and through the rule of law under British and Chinese governance. With 23 years each, from the period 1974-2020, and with a theoretical framework of criteria needed to fulfill a democracy, this study will reach a conclusion. Although the British and the Chinese had different ways of governing Hong Kong, they both received the same level of democracy.Statsvetenskapliga institutionen, Umeå Universitet
30
Panton, James. "Politics, subjectivity and the public/private distinction : the problematisation of the public/private relationship in political thought after World War II." Thesis, University of Oxford, 2010. http://ora.ox.ac.uk/objects/uuid:cb636385-aa16-44d1-abf5-2e835e62665c.
Full textAbstract:
A critical investigation of the public/private distinction as it has been conceived in Anglo-American political thinking in the second half of the 20th century. A broadly held consensus has developed amongst many theorists that public/private does not refer to any single determinate distinction or relationship but rather to an often ambiguous range of related but analytically distinct conceptual oppositions. The argument of this thesis is that if we approach public/private in the search for analytic or conceptual clarity then this consensus is correct. Against this I propose that a number of the most dominant invocations of the distinction can be understood to express public/private as an irreducibly political dialectic that mediates the relationship between the subjective and objective side of social and political life. By locating these conceptually diverse invocations within a broader and more determinate framework of the historical development and contestation of the boundaries which establish the conditions for subjectivity, as the assertion of political agency, on the one hand, and which demarcate, police and defend these particular boundaries, as part of the objectively given character of social life and institutional organisation, on the other hand, then a more determinate character to public/private can be recognized. I then seek to explore the capacity of this model to capture and explain the peculiar post-war problematisation of public/private amongst a number of new left thinkers in Britain and America.
31
Isitt, Benjamin. "Patterns of protest: property, social movements, and the law in British Columbia." Thesis, 2018. https://dspace.library.uvic.ca//handle/1828/9325.
Full textAbstract:
Embracing a spatial and historical lens and the insights of critical legal theory, this dissertation maps the patterns of protest and the law in modern British Columbia―the social relations of adjudication—the changing ways in which conflict between private property rights and customary rights invoked by social movement actors has been contested and adjudicated in public spaces and legal arenas. From labour strikes in the Vancouver Island coal mines a century ago, to more recent protests by First Nations, environmentalists, pro- and anti-abortion activists, and urban “poor peoples’” movements, social movement actors have asserted customary rights to property through the control or appropriation of space. Owners and managers of property have responded by enlisting an array of legal remedies and an army of legal actors—lawyers, judges, police, parliaments, and soldiers—to restore control over space and assert private property rights. For most of the past century, conventional private property claims trumped the customary claims of social movements in the legal arena, provoking crises of legal legitimacy where social movement actors questioned the impartiality of judges and the fairness of adjudicative procedures. Remedies and legal technologies asserted by company lawyers, awarded by judges, and enforced by police and soldiers were often severe―from Criminal Code proscriptions against riotous assembly and deployment of military force, to the equitable remedy of the injunction and lengthy prison sentences following criminal contempt proceedings. But this pattern shows signs of change in recent years, driven by three major trends in British Columbia and Canadian law: (1) the effective assertion of indigenous customary rights; (2) growing recognition of the importance of human rights in democratic societies, particularly in the context of the Canadian Charter of Rights and Freedoms; and (3) changes in the composition of the legal profession and judiciary. This changing legal landscape has created a new and evolving legal space, where property claims are increasingly treated as contingent rather than absolute and where the rights of one party are increasingly balanced by customary rights, interests, and aspirations of others. Consequently, we are seeing a trend toward the dilution of legal remedies traditionally available to the powerful, creating space for the assertion of non-conventional property claims and the emergence of new patterns of power relations.Graduate
32
Dyck, Ronald Paul. "Recasting encounters between women and the transgendered: a sensitive analysis of Nixon v. Vancouver Rape Relief Society." Thesis, 2006. http://hdl.handle.net/1828/1742.
Full textAbstract:
In Nixon v. Vancouver Rape Relief Society, a legal case involving the exclusion of a male-to-female transsexual from a volunteer position with a women-only organization, the question of what a woman is one of the central questions being addressed. Questions of this kind place significant limits on cases like Nixon that involve women-only organizations and transgendered persons, since they can only address the place of women, and not the transgendered, in an organization like Rape Relief. This thesis examines two of the decisions that have emerged from Nixon v. Vancouver Rape Relief Society and Vancouver Rape Relief Society v. Nixon - in order to account for their shared investment in determining what a woman is. It then utilizes select writings of Jacques Derrida, Michel Foucault and Emmanuel Levinas to consider how the discussion taking place in Nixon might be recast in a manner that better accounts for the claims of women and the transgendered, enabling a responsive encounter between the one and the other.
33
Nelles, Wayne Charles. "From imperialism to internationalism in British Columbia education and society, 1900 to 1939." Thesis, 1995. http://hdl.handle.net/2429/8945.
Full textAbstract:
This study argues for a transition from imperialism to internationalism in British Columbia
educational thought, policy and practice from 1900 to 1939. Three contrasting and complementary
internationalist orientations were dominant in British Columbia during that period. Some educators
embraced an altruistic “socially transformative internationalism” built on social gospel, pacifist, social
reform, cooperative and progressivist notions. This contrasted with a self-interested “competitive
advantage internationalism,” more explicitly economic, capitalist and entrepreneurial. A third type was
instrumental and practical, using international comparisons and borrowing to support or help explain the
other two.
The thesis pays special attention to province-wide developments both in government and out.
These include the work of the British Columbia Teachers’ Federation (BCTF), of several voluntary
organizations, and provincial Department of Education policy and programme innovations. Examples
include the rise, demise, and revival of cadet training, technical education, Department curriculum policy,
and the work of the Overseas Education League, the National Council on Education, the Junior Red
Cross, the World Goodwill Society of British Columbia, the Vancouver Board of Trade, and the League of
Nations Society in Canada. A diverse array of BCTF leaders, parents, teachers, voluntary organizations,
students, educational policy makers and bureaucrats, editorialists, the general public, and the provincial
government supported international education and internationalist outlooks.
The argument is supported chiefly by organizational and government documents, by editorials,
letters, articles, commentaries, conference reports, and speeches in The B.C. Teacher, by Department of
Education and sundry other reports, by League of Nations materials, and by newspapers and other
publications.
Distinctive imperially-minded educational ideas and practices prevailed in British Columbia
from about 1900 to the mid-1920s, whereas explicitly internationalist education notions and practices
complemented or overshadowed imperial education from about 1919 to 1939. The transition from
imperialism to internationalism in British Columbia education and society coincided with Canada’s
industrialization in an interdependent global economy, and its maturation into an independent self
governing nation within the Commonwealth and League of Nations.
34
Fitzgerald, Maureen Fay. "Educating lawyers : how law graduates perceive first year law school educational practices." Thesis, 2005. http://hdl.handle.net/2429/18544.
Full textAbstract:
The purpose of this study was to better understand the educational practices used in first year law school and the impact of these practices on students. Prior research showed that students are negatively impacted during first year and that educational practices are somewhat to blame. This study is consistent with this literature and provides new and
important information about the extent to which teaching methods; content and curriculum;
assessment and grading; learning theory and aims of law school all contribute to the experiences of law students. The research method in this study consisted of in-depth interviews of 19 University
of British Columbia law school graduates who had completed law school a few months earlier. Graduates were questioned about their perceptions of both the first year law school
educational practices and their impacts, specifically in relation to the five core courses taught
in first year law school.
This study revealed that students found first year law school problematic in many ways. This research supports the literature that suggests the case method and the lecture method used in first year are not entirely effective or efficient for student learning. The case method seems to makes learning more difficult and slower than it needs to be. As suggested
in the literature the lecture method was useful in providing information to students and this
information helped students focus their studies. However, these typically didactic lectures did
not appear to engage students or encourage deeper learning. The question and answer technique used in some lectures intimidated students and appeared to interfere with their learning.Education, Faculty of
Educational Studies (EDST), Department of
Graduate
35
Boyer, Laura Kate. "Bounded justice: gender, space and the law in early twentieth century Vancouver." Thesis, 1994. http://hdl.handle.net/2429/4940.
Full textAbstract:
This thesis represents a selective consideration of the
relationships between gender, space and the law in early
twentieth century Vancouver, based largely on the cases of
sexual violence against women heard before the B.C. Supreme
Court in the years between 1915 and 1925. Within these
parameters, constructions of space and gender are addressed at
three levels. Part one considers how both women and men were
situated within early twentieth century legal discourse in the
context of trials for sexual violence. Part two suggests how
gendered understandings of urban space in early urban
Vancouver were produced and reinforced within, and beyond,
legal discourse. Finally, part three situates these processes
within a wider context of statemaking in early twentieth
century British Columbia. It is argued that legal processes
were one mechanism by which space in fledgling Vancouver was
coded in gendered and sexualized terms, and further, that
these social meanings of space were fundamentally bound up
with prevailing conceptions of race and class.
36
Keeling, Arn M. "The effluent society : water pollution and environmental politics in British Columbia, 1889-1980." Thesis, 2004. http://hdl.handle.net/2429/16034.
Full textAbstract:
British Columbia's rapid urbanization and industrialization in the twentieth century created
extensive water pollution problems. Before the 1970s, many in industry and government
considered waste disposal as a legitimate use of natural waterways, so long as it did not impair
their usefulness for other purposes. However, social and political debates emerged over both the
perception of pollution and its solution. By the late 1960s, public health advocates, sportsmen and
commercial fisheries advocates had come to regard water pollution as a crisis, and demanded
government action to protect the environment. This study shows how political conflicts in B.C.
over water pollution echoed national and continental trends in environmental management and
environmental values during the twentieth century. However, these debates were also shaped by
particular geographical and environmental conditions in B.C., as well as social, political and
economic aspects of provincial society.
Through case studies of domestic and industrial pollution control, this study traces
conflicts created by the use of water for waste disposal. Many in government and industry
regarded the ability of water to dilute, disperse and absorb wastes as "assimilative capacity," a
resource that could be managed and exploited. This dictum guided planning for sewage disposal in
Greater Vancouver, as well as waste-disposal practices in the mining and pulp and paper
industries. Provincial pollution and water law reflected the pro-development orientation of
successive B.C. governments: the B.C. Pollution Control Board sanctioned the exploitation of
assimilative capacity. This practice became controversial as water-quality problems arose
throughout the province. Efforts to control and regulate water pollution from cities and industry
reflected local geographical conditions, as well as changing scientific perceptions of pollution.
Environmental change and social attitudes toward pollution also influenced reforms to pollution control policies.
The history of water pollution in B.C. sheds new light on the province's social, economic
and environmental history. Pollution problems illustrate the social and environmental impacts of
urban and industrial growth in the twentieth century. Conflicts over pollution provide insight into
changing environmental values and the emergence of the province's vital environmental movement.
Finally, pollution-control debates decisively influenced the regime of environmental governance in
the province.Arts, Faculty of
Geography, Department of
Graduate
37
Pavlich, George Clifford. "Mediating community disputes : the regulatory logic of government through pastoral power." Thesis, 1992. http://hdl.handle.net/2429/3146.
Full textAbstract:
The protracted crises of authority that characterized the 1960s and 1970s left their imprints on
a number of institutions in Canadian society. The dispute resolution arena, for one, was affected
by the turmoil of this age as more informal, 'empowering' alternatives were sought to replace
the disempowering procedures of courtroom adjudication. The present thesis focuses on one
aspect of an ensuing 'alternative dispute resolution' movement in the Canadian province of
British Columbia; namely, community mediation. In particular, it begins by looking at the
rhetoric and practices through which community mediation has been deployed. Advocates tout
this process as an 'empowering' method of resolving disputes because it encourages individuals
to work conflict out in the 'community', thus - so their reasoning goes - limiting state intrusion
into people's everyday lives. By contrast, critics of the movement argue that the deployment of
informal justice actually expands state control, and contend that it does so rather insidiously
under the guise of 'restricting' state activities.
Close scrutiny of this debate, however, reveals significant weaknesses in both positions, mainly
relating to their unnecessarily narrow definition of the 'problem'; i.e., whether informal justice
expands or reduces state control. This is a highly questionable formulation, for it demands a
simple response from what is a much more complex and ambiguous event. Taking its cue from
more recent developments in the literature, the following analysis reconceptualizes the 'problem'
by asking: what is the logic of control embodied by mediation practices in a given context? It
responds to the question by developing certain Foucauldian precepts into a theory that explicates
the model of power through which mediation regulates action. Its implicit objective is to understand the political rationale of mediation in order to pursue how this might be used to
further social justice.
Various genealogical procedures are employed to formulate such a theory by responding to four
central questions. What are the wider lines of descent that have helped to produce the particular
version of community mediation that now colours British Columbia's landscape? What precise
model of power does the rhetoric and practice of mediation reflect? How does this informal
model of power link up with the formal power of the law/state? What are the implications of this
for engaging politically with community mediation, if one's aim is to achieve social justice?
Responding to each of these in turn supplies the basic thesis of the following text.
In brief, I argue that community mediation has developed in British Columbia in tandem with
a shift from Fordist to Post-Fordist modes of regulation (politics) and production (economics) that
characterized the 1970s. Influenced by legal reforms and experiments with 'alternatives' to courts,
community mediation has assumed an identity which incorporates a 'pastoral' model of power.
This model is articulated to the state's 'law-sovereign' model as a 'complementary,' but
subordinate, alternative. The association between these results in an indirect form of governance -
'government at a distance' - that may expand the state's potential to control people, but which
is also considerably less predictable. This offers both opportunities and barriers to political action
in the informal justice arena. Consequently, while the current deployment of community
mediation in British Columbia tends to support the professionalised justice of the existing legal
system, it may yet be possible to transform its identity through an 'alternative' politics of law
that strives for social justice.
38
Hume, Nathan. "Constitutional Possibilities: An Inquiry Concerning Constitutionalism in British Columbia." Thesis, 2012. http://hdl.handle.net/1807/43387.
Full textAbstract:
Constitutional change is relentless. Today, states jockey with regional associations, international organizations, transnational networks and sub-state authorities to define the scope of legitimate political conduct and establish rival bases for political affiliation. Constitutional theorists must be resolute but they should not be rigid. Especially in such uncertain conditions, theories are best understood not as plans to be implemented but as hypotheses to be tested. Charles Sabel and David Dyzenhaus write separately but share this pragmatic orientation, in which doubt is indispensable and truth is the end of public inquiry. They also share a distinctive belief that constitutionalism serves a moral end: it is the project of cultivating citizens who conceive their political community in terms of the commitments revealed by its practices. Their position, which is well suited for contemporary challenges, warrants elaboration and examination. British Columbia offers an ideal constitutional laboratory for that test. During the 1970s and 1980s, doubts mounted about the legitimacy of the constitutional settlement imposed by the Crown in the westernmost province of Canada. Legal, political and constitutional decisions raised the possibility that aboriginal rights and title survived colonization and Confederation. Since 1990, their existence has been confirmed in a cascade of constitutional experiments. Those initiatives can be distilled into four procedures: litigation, negotiation, consultation and collaboration. Although they have delivered practical benefits to some indigenous peoples, these procedures have not transformed provincial politics into a moral endeavour. The constraints on constitutionalism in British Columbia are both conceptual and institutional. Despite marginal improvements, those constraints endure and constitutionalism remains for now the sporadic pursuit of a small elite. To conceive constitutionalism as a project is to set a sound but exacting standard. Although British Columbia falls short, its failure is informative: the theory is useful.
39
Jensen, Heather. "Unionization of agricultural workers in British Columbia." Thesis, 2013. http://hdl.handle.net/1828/4452.
Full textAbstract:
This thesis provides a multi-method – historical, quantitative, qualitative, and jurisprudential – socio-legal case study of the unionization of agricultural workers in British Columbia. Agricultural employees have access to the Labour Relations Code of British Columbia. A historical examination of exclusion of agricultural workers from labour relations legislation from 1937 to 1975 explores the rationale behind labour relations laws and the political context of the legislative exclusion. Next, economic aspects of BC’s agricultural sector are described, with a focus on employment characteristics and the regionalised nature of agricultural production. Finally, this thesis explains the legal aspects of an ongoing campaign by the United Food and Commercial Workers (UFCW) to unionize migrant and resident agricultural workers. The union organizing campaign shows how legal labour relations processes operate in relation to migrant workers in a sector with low rates of unionization and high rates of precarious and low-paid, dangerous work.Graduate
40
Yee, Lili Anne. "Experiences of inter-"racial" married couples in a multicultural society." Thesis, 1996. http://hdl.handle.net/2429/4237.
Full textAbstract:
This thesis offers a window into the lives of married inter-racial couples in the
Lower Mainland area. I argue that the processes of racialization, that is, the process of
the social construction of race, is reflected in the experiences of inter-racial couples. In
addition, I argue that inter-racial relationships represent a test of the acceptance attitudes
of a multicultural society. In a multicultural society that promotes itself as accepting
other cultures into a Canadian "mosaic", an inter-racial marriage represents a model of
inclusion. Two distinct cultures have joined and exist as one, thus reflecting the
ideology of cultural pluralism. Compared with many other nation-states, Canada is
widely distinguished for its "acceptance" of cultural differences and social equality as
part of our collective vision (Fleras, 1989). Does this acceptance picture reflect reality
for those individuals involved in an inter-racial marriage? I highlight two central issues in
this thesis. The first issue explores the theoretical aspect of race as a social construction
and the practices of this racialization process through the lives of inter-racial couples.
The second issue examines the degree of acceptance, tolerance or intolerance toward
inter-racial couples in a "multicultural" society.
Using Vancouver as a geographical setting, I examine these two issues by
interviewing Chinese-Canadian/European-Canadian married couples. I investigate,
through their eyes, the process of racialization through analysis of their experiences, and
how these experiences demonstrate commitment (or lack of commitment) to
multiculturalism as an ideology and social reality. I present data from interviews with
couples to understand 1) What are the experiences of an inter-racial couple living in a
multicultural society? 2) How is race socially constructed in Vancouver in 1995? 3) Are
the experiences of married Chinese-Canadian/European-Canadian couples reflective of a
culturally pluralistic society? I draw from relevant literature on "race" and
Multiculturalism in Canada, and from previous sociological studies on inter-racial
relationships.
I suggest that the experiences of inter-racial (Chinese/European) married couples
will show the powerful impact of the processes of racialization and reflect the resistance
and biases that result from a society which promotes acceptance and yet practices, at
best, a form of tolerance. This suggests that surface appearances of cultural inclusion
hide realities of non-acceptance and exclusionary practices. Although the subjects
interviewed in this thesis do not represent all inter-racial couples, the thesis offers a
Canadian perspective which complements existing literature in this area.
41
Ramsay, David Peter. "Toward a new wills variation act." Thesis, 1997. http://hdl.handle.net/2429/5978.
Full textAbstract:
Most common law and civil law jurisdictions have laws in place to provide a safety net so
that those who are unfairly disinherited will be able to claim a share in a deceased's estate. Since
1920, British Columbia has been one of those jurisdictions in which a testator's distribution scheme
may be varied at the discretion of the Court. However, the absence of a stated purpose of the
legislation, a broad judicial discretion to determine what is adequate provision for a spouse and
children and the failure of the Supreme Court of Canada in Tataryn v. Tataryn to bring certainty
and predictability to the law point to a need for reform.
The goal of this thesis is to complete the sentence "the purpose of legislation restricting
testamentary freedom is . . . . " and to make recommendations for legislative change to accomplish
this purpose. An overview of the law in British Columbia today and the arguments for reform will
be outlined in chapters 1, 2 and 3. Chapters 4 through 8 will examine a number of topics to extract
policies which might assist in the formulation of a dependant's relief statute's purpose. Historical
concepts, family, intestacy and wrongful death legislation as expressions of values will be
reviewed. From the doctrine of unjust enrichment, a cause of action independent of a statute, a
contract or a tort, but now widely used in claims between family members, will be extracted
principles which recognize compensation for the contribution of services and money between family
members. Empirical studies about testators' intentions, family and other private relations will be
noted in chapter 9. Lastly, chapter 10 will make a number of recommendations for reform. These
include:
(a) A statement of the statute's purpose. Persons who have lived together in a relationship of
some permanence with financial and emotional interdependence should share equally the
assets acquired during their time together and the survivor's need for support should be
recognized. Children's support needs should also be met but the testamentary autonomy of
persons should be subject only to these two objectives.
(b) The broadening of categories of claimants to include cohabitants and stepchildren with the
introduction of age and dependency criteria for the latter.
(c) Criteria to be used in making reasonable financial provision for spouses and children.
(d) A priorities scheme.
(e) The right to waive the statutory rights by agreement.
No attempt is made to provide recommendations for all of the issues that would arise under
a new statute.
42
Solnick, Tim. "Power, resistance and the law in a British Columbia land title trial." Thesis, 1992. http://hdl.handle.net/2429/3219.
Full textAbstract:
In Canada the law and the law courts have played and continue to play a
prominent part in First Nations struggles for self-government and for their
land. As such, the role of law demands assessment. Is the legalization of
these struggles working to diffuse the efforts of the First Nations? Or do
the law and the courts facilitate the process of decolonization in Canada? In
this thesis, I investigate these questions with respect to a 1992 British
Columbia Supreme Court trial, Delgamuukw v. Province of British
Columbia and the Attorney-General of Canada. In this case, the
Gitksan and Wet'suwet'en First Nations sued the province of British
Columbia for ownership and jurisdiction of their territories. Analysing this
trial, I suggest first, that the practices and procedures of the legal process
reinforced colonialist power relations. The decision to the trial configures
strategies of colonization with legal knowledge practices, and re-writes the
Gitksan and Wet'suwet'en struggle for their land into legal question
formulated on the basis of colonialist discourses. As a site of debate, the
court-room encourages the configuration of legal and colonial modes of
power because its form and structure promote the exclusion and
devalorization of First Nations discourses and knowledges. But, secondly,
the specific aspects of the trial indicate that First Nations use of and
resistance in the court-room has the potential to enter into and
substantively alter the law. Gitksan and Wet'suwet'en people and their
lawyers use the court-room, its procedures and the knowledge practices
associated with them, such as mapping and writing, to oppose the
operations of colonialist strategies. The emergence of a group of lawyers
who accept the validity of First Nations knowledge in court, in association
with these resistances, suggests the possibility for substantive changes to the law. Inherent in the struggle of this group of lawyers for control over
the means of legal interpretation is the potential for the widespread
legitimation of First Nations knowledges and discourses in the legal sphere.
In this way, my analysis indicates that during Delgamuukw the law and
the courts operated in a dual fashion, on the one hand working with
colonialist power, but on the other providing space for First Nations
resistance to that power; it also underscores the efficacy of that resistance.
43
De, Goes Lisa. "Evaluating community-government watershed management partnerships : the case of Langley Environmental Partners Society, British Columbia." Thesis, 1999. http://hdl.handle.net/2429/9448.
Full textAbstract:
British Columbia's aquatic ecosystems are being lost and degraded. This loss is occurring mainly because of an
increasing population, development pressures, and people's alienation from the natural environment.
Community-government partnerships have evolved to try to address aquatic ecosystem degradation. This thesis
specifically examines community-government partnerships and addresses two main questions: What makes a
good partnership? And, how can the longevity of partnerships be ensured?
The main thesis questions are addressed through the application of an evaluative framework to a case study -
the Langley Environmental Partners Society (LEPS). The LEPS has been a community-government partnership
jointly initiated by senior staff of the Township of Langley, members of the federal and the provincial
governments, and Langley watershed stewardship groups and schools.
The main criteria of the evaluative framework are good governance; efficient procedure, and adequate resources.
Information about the LEPS was gathered through qualitative research methods, including participant-
observation, interviewing, and a review of documentation. Based on the aforementioned qualitative research and
evaluative criteria, community and government support, strong leadership, credible staff, coordination,
cooperation, success, self-sufficiency,and flexibility were characteristics identified as traits of the LEPS that have
led to its longevity and success. Whereas having paid staff working with volunteers, a lack of a constituency, a
lack of real influence, a lack of stable funding leading to competition with other groups, a lack of coordination,
and a poor profile were identified as the LEPS' traits that might lead to the groups demise. As a result of the
preceding conclusions, recommendations are made for the LEPS, senior government and the TOL.
Based on all of the strengths of the LEPS identified by the evaluative framework and its ability to address many of
the barriers to sustainable water resource management, the LEPS serves as a good basis for further
experimentation in watershed governance. The LEPS model is not perfect but can serve as a framework for other
communities to build upon.
44
Meadu, Vanessa Natalie. "Paths to a waste-free society? : extended producer responsibility policies in British Columbia and Ontario." Thesis, 2006. http://hdl.handle.net/2429/18084.
Full textAbstract:
Extended Producer Responsibility (EPR) has emerged as a policy instrument for dealing with product waste by forcing manufacturers to take responsibility for these materials. It is, in effect, a market mechanism for reducing waste and encouraging more environmentally-adapted design while also shifting the burden of paying for waste off of governments and taxpayers and onto producers and consumers. This paper asks why EPR has become so broadly implemented in British Columbia, while in Ontario, the role of industry in waste management has thus far been limited to funding 50% of municipal curbside recycling (blue box) costs. The research finds that we can only make sense of current policy in light of historical decisions and debates. By conceiving waste management policies as an institution, the thesis employs a path dependent analysis to reveal how each province has followed on its particular path because the costs, both political and financial, of switching to another alternative have increased dramatically over time. The analysis traces current EPR policies back to early decisions in each jurisdiction regarding beverage container waste. BC’s decision in 1970 to establish a return-to-retail system, and Ontario’s decision in 1987 to mandate municipal curbside recycling were key moments that set the jurisdictions on divergent paths. Although the initial decisions were a product of interest-based politics, the subsequent course of product stewardship in each province has been held in place by a variety of mechanisms. These mechanisms include different constructions of stewardship, technological and infrastructural reliance, new supporting interests from policy beneficiaries, and the use of multistakeholder consultations in Ontario. All of these mechanisms have contributed to a strong status-quo bias. As a result, British Columbia has been able to build and expand upon past successful stewardship policies, while Ontario has focussed predominantly on the shared-cost blue box as a catch-all solution for waste diversion, thus precluding stronger stewardship regulations. The thesis concludes that British Columbia is better positioned to stimulate the behavioural changes needed to minimize and potentially eliminate waste. Ontario faces numerous institutional barriers, but exogenous forces may help shift the path’s direction.Arts, Faculty of
Political Science, Department of
Graduate
45
McKinnon, Andres Michael. "Civil Society, public spheres and the ecology of environmentalism in four Fraser Valley communities : Burnaby, Richmond, Langley and Abbotsford." Thesis, 1997. http://hdl.handle.net/2429/6565.
Full textAbstract:
This thesis examines four communities in the Lower Fraser Basin (Burnaby,
Richmond, Langley and Abbotsford), as a case study for examining the "ecology
of environmentalism". I have compared two "low environmentalism"
communities (Richmond and Abbotsford), and two which have a significantly
larger field of environmental groups (Burnaby and Langley).
The research included 43 interviews (37 with leaders of grassroots
environmental groups and a mailout questionnaire which was sent to one leader
of each of the 71 groups in the four municipalities (64% response rate). Together
this research amounts to 82% coverage of all the environmental groups in the
four municipalities. Using this data, I argue that the differences between the
municipal areas are not very well explained either in terms of the themes in
Resource Mobilisation Theory, in either of the major theories of social
movements and the State, or in terms of standard demographic variables
associated with environmentalism (community size, gender, income, education,
ethnicity, or occupation).
I have therefore used the themes of "civil society" and "public spheres"
(Allario 1995; Calhoun 1996; Cohen and Arato; Fraser 1992; Habermas 1989;
Walzer 1991) to compare the four municipalities. I suggest that the more holistic
approach especially as proposed by Jean Cohen and Andrew Arato (1992),
provides a better way of analyzing both the actions and the ecology of
environmental groups in the Lower Fraser Basin.
46
Harris, Douglas C. "The legal capture of British Columbia’s fisheries: a study of law and colonialism." Thesis, 1998. http://hdl.handle.net/2429/8144.
Full textAbstract:
This is a study of the human conflict over fish in late nineteenth and early twentieth
century British Columbia, and of how that conflict was shaped by law. Law, understood
broadly to include both the legal forms of the Canadian state and those of Native peoples,
defined and in part created both Native and state fisheries. When those fisheries clashed,
one finds conflict between legal systems. When one fishery sought to replace the other, its
laws had to replace the other. Thus, this is a study of law and colonialism, seen through a
close analysis of the conflict over fish.
Native fisheries and the web of regulation surrounding them preceded non-Native
interest in British Columbia's fish. The fishery was not an open-access resource, but
rather a commons, defined by entitlements, prohibitions and sanctions that allowed certain
activity, proscribed others, permitted one group to catch fish at certain times in particular
locations with particular technology, and prohibited others. The Canadian state denied the
legitimacy and even the existence of Native fisheries law in imposing its law on the fishery.
This study, based largely on government records and a secondary anthropological
literature, describes the legal apparatus constructed by the Canadian state to reduce Native
control of the fisheries in British Columbia through the creation, in law, of the "Indian
food fishery". Law became a means of constructing a particular economic and social
order that marginalized Native participation in the fishery and eliminated Native control.
It was a "rhetoric of legitimation" that supported state domination, but also local
resistance. Native peoples and their supporters used law, both Native and state law, to defend their fisheries. The history of the conflict over fish is the history of competing legal
cultures, and the struggle on the Cowichan River and the Babine River over fish weirs
reveals those cultures, constructed in opposition to each other. The study concludes by
integrating the local conflicts over fish into a wider literature on law and colonialism,
reflecting on the role of law in particular colonial settings.
47
Gee, Karen. "Professionalism, self-regulation, and the problem of dual agency : the residential real estate industry in British Columbia." Thesis, 2004. http://hdl.handle.net/2429/15451.
Full textAbstract:
This paper contributes to the discussion about reforming the legislation governing real
estate marketing in British Columbia. In March 2003, the government announced its proposals
to amend the existing Real Estate Act with the objective of protecting the public and preserving
its confidence in the real estate sector by providing a "least cost" regime, promoting competition
among participants, and providing a flexible, accountable regulatory framework. Interested
parties were invited to comment on a proposed direction for reform.
A recent public opinion survey conducted by the British Columbia Real Estate
Association indicated significant concern about realtors acting for both a purchaser and a vendor
of the same property. Those with concerns feared possible conflicts of interest between realtors
and their clients. Despite these results, the real estate industry did not address these concerns.
Instead, the industry endorsed dual agency - the practice of acting for both a purchaser and a
vendor in a single transaction - and claimed that to ensure professionalism for realtors, the
industry had to be self-regulating. In May 2004, the government passed the Real Estate Services
Act granting self-regulation to the industry.
This paper questions the appropriateness of the government's grant of self-regulation to
the industry. It reviews the literature on professionalism and the conditions under which it is
appropriate to grant self-regulation to an occupational group. It discusses how the real estate
industry has attempted to gain recognition as a profession and the problems that the practice of
dual agency poses to consumers i f the industry is to be self-regulating. This paper concludes
that the paramount purpose of occupational regulation should be to protect the public from harm,
not to benefit or to reward practitioners. Self-regulation should only be granted to an
occupational group with a genuine and demonstrated willingness to act in the public interest.
Recommendations are offered to the government to reconsider its actions and to consider
abolishing the practice of dual agency and adopting reforms that favour consumer interests in
residential real estate transactions.
48
Phillips, Kimberly Jean. "Making meaning in totemland: investigating a Vancouver commission." Thesis, 2000. http://hdl.handle.net/2429/10730.
Full textAbstract:
In the years immediately following World War II in Vancouver, native Northwest
Coast images and objects were frequently made visible in the public spaces of the city,
claimed and exchanged physically and symbolically in events involving both aboriginal
and non-native participants. Like the political and social relations surrounding them, the
meaning and purpose of these objects and images was, arguably, pliable and constantly
shifting. The Totemland Pole, commissioned in 1950 by Vancouver's fledgling
Totemland Society, and designed by local Kwakwaka'wakw carver Ellen Neel, was one
such object-as-symbol. Numerous individuals and communities, aboriginal as well as
non-native, were implicated in the object's production. Following anthropologist
Anthony Cohen's work on social symbols in The Symbolic Construction of Community, I
argue that while the symbol itself was held in common, its meaning varied with its
participants' unique orientations to it. The differently motivated parties, specifically the
work's creator, Ellen Neel, and its commissioners, the Totemland Society, attributed
divergent meaning to the Totemland Pole simultaneously. As Cohen suggests, I propose
that this difference did not lead to argument. Rather it was the form of the Totemland
Pole itself, its impreciseness or "malleability," within the particular socio-political
climate of its production, which enabled these divergent meanings to co-exist.
In order to investigate ways in which the Totemland Pole was understood
simultaneously as symbolically meaningful, this project attempts to map out the subject
positions of and relations of power between Ellen Neel and the members of the
Totemland Society, in relation to the particulars of the local historical moment. The
forgotten details of the Totemland Commission and the lack of a legitimizing discourse
of Neel's production, both fuelled by the gendered, class and race inflected politics of
knowledge construction, have necessitated that the concept of absence be fundamental to
my project. I have therefore approached the Totemland Commission from a number of
surrounding institutional and social discourses, which form trajectories I see as
intersecting at the site of the Totemland Pole. Any one of these trajectories may have
been taken as the singular approach for the investigation of such an object. However, I
wish to deny the autonomy normally granted these discursive fields, emphasizing instead
the ways they are interdependent and may operate in tandem to enrich our understanding
of an object which was the result of, and relevant to, shared histories.
49
Hawker, Ronald W. "Accumulated labours : First Nations art in British Columbia, 1922-1961." Thesis, 1998. http://hdl.handle.net/2429/9487.
Full textAbstract:
In this dissertation, I chart the conflicting and shifting
assertions of meaning for Northwest Coast objects in Canada
through a series of representational projects implemented between
1922 and 1961, beginning in January 1922, with the prosecution by
the Department of Indian Affairs of participants in the Cranmer
potlatch. The intersection between the concept of the 'fatal
impact' or death of First Nations societies under European
modernization, federal assimilationist policies, the government's
exercise of disciplinary control, and the expansion of public
museum collections was explicitly illustrated when the Lekwiltok,
Mamalillikulla, and the Nimpkish peoples surrendered over
seventeen cases of ceremonial objects in exchange for suspended
sentences for violating the potlatch ban.
The dissertation concludes by examining the Gitanyow
agreement, engineered between 1958 and 1961, in which Gitanyow
laws, histories and territories would be published by the
government of British Columbia in exchange for the removal and
replication of four crest poles. The raising of the poles'
replicas in 1961 coincided with Canadian parliament's approval of
the enfranchisement of First Nations people, the theoretical end
to the era of assimilation in Canada.
These events bookend a period in which representation
continued to be entwined with politica and social conditions
created by the Indian Act that depended on promulgating views
that First Nations lifeways were vanishing. However, production
of Northwest Coast objects retained significance throughout this
period, such objects playing complex and multifaceted roles. Because of the symbolic and financial value many Euro-Canadians
attached to First Nations objects, "art" proved an avenue for
communicating First Nations-related social, political and
economic issues.
The objects produced or displayed between 1922 and 1961
operated through the projects I describe in the intertwined
transformative processes of identity construction and boundary
marking among individual First Nations groups and within Canadian
national identity. Through these projects, important steps were
taken in formulating two major characteristics of the post-1960
period: 1. a burgeoning market in Northwest Coast objects
constructed as "traditional;" and 2. First Nations activism for
land claims and self-determination using "tradition" and "art" as
a platform in activism for land claims and self-determination.
50
Brigden, Linda Waverley. "Clearing the air: the stories of municipal smoking-control bylaws in British Columbia." Thesis, 2000. https://dspace.library.uvic.ca//handle/1828/9176.
Full textAbstract:
The development and implementation of municipal smoking-control bylaws in British Columbia during the 1990s was characterized by polarity and confrontation. Health sector professionals, members of the hospitality industry, community activists, and municipal politicians disagreed over the need for bylaws, types of establishments that should be regulated, and the degree of restriction.
This research used narrative policy analysis to understand the factors that influenced the development of these bylaws in order to delineate a less confrontational process and ensure a more stable resolution. Narratives were collected from representatives of the main policy sectors in four communities throughout British Columbia. Victoria and Vancouver represented urban communities that were updating existing bylaws. Professional staff headed their top-down bylaw processes. In the rural communities of Squamish and Kimberley community volunteers attempted to introduce new bylaws through a bottom-up process. The narratives proved to be a rich source of information that would have been difficult to capture in any other manner. They offer a novel and fruitful means of engaging in policy analysis.
The provincial government's tobacco-control strategy served as a backdrop for all policy processes, although it was experienced unequally in the four communities. Urban centres were more aware of provincial tobacco-control initiatives and accessed provincial resources to a greater extent than did Kimberley and Squamish. Each policy sector was led by champions, but the nature of these groups and individuals greatly influenced their success. Those who were credible, persistent, and had access to decision makers were most likely to influence the policy-making process. The antagonism that distinguished the bylaw process was itself a determinant. In all communities, the discord reached a level where it precluded a fair and inclusive process.
The bylaw debate was framed and reframed by different sectors. The ability of champions to reach policy makers and frame the debate in a way that was compelling played a significant role in the outcome.
Finally, the narratives indicate that each community's “readiness” for policy change is a factor that must be considered. Community readiness was seen to comprise seven main components: (1) each policy sector's belief that a policy is worth adopting and their ability to successfully influence the public and policy makers; (2) the nature of a community—its size, demographics, and social norms; (3) the politicians involved and the ability of champions to understand the political process and reach policy makers; (4) the type of policy under consideration and its relationship to both previous statutes and social norms; (5) the ability of media to reflect sectoral interests and influence public knowledge and attitudes; (6) the temporal context in which the policy change was considered; and (7) a process that fits the needs and resources of the community.Graduate