http://hdl.handle.net/1974/841 2013-05-23T09:44:26Z http://hdl.handle.net/1974/7998 Title: Building Stronger Children: Attachment Theory in the Context of Child Protection in Ontario Authors: McGrath, Karla Abstract: The psychological concept of attachment began to take hold in the 1950s and 1960s. This time period also began a significant period of social and legislative change impacting on the field of child protection. These social science and legal developments have been mutually reinforcing and this thesis examines those developments over the course of the 60 years since Attachment Theory first emerged from the work of John Bowlby. This examination will include a review of the fundamentals of Attachment Theory with a particular focus on the implications of those developmental lessons on the circumstances of children removed from the care of their families due to risk or maltreatment. Following a review of the fundamentals of Attachment Theory, this examination will review the influence of those principles on the laws of child protection in Ontario – through changes in the legislation and through decisions of the Supreme Court of Canada and the Courts of Ontario. Finally, this thesis will examine some of the ways in which the attachment needs of Ontario’s children are being served or failed with regard to both the need for early establishment of permanency for children as well as the continuity of the care arrangements for children up to and including the point at which permanent plans are established. This examination of the legislation and the case law will demonstrate that Ontario has seen a progressive shift away from family reunification as a fixed priority and toward the examination of each child’s individual developmental needs. This includes an acceptance of the application of Attachment Theory and its principles as one significant means of describing those needs and assessing the best interests of children. Description: Thesis (Master, Law) -- Queen's University, 2013-04-29 01:15:06.929 2013-04-30T04:00:00Z http://hdl.handle.net/1974/7489 Title: International Commercial Arbitration: The Effect of Culture and Religion on Enforcement of Award Authors: Hendizadeh, BABAK Abstract: Arbitration is one of the oldest legal systems of solving disputes, albeit, it was simple and without any power to enforce the outcome of the tribunal. In modern ages, arbitration has transformed to a more complicated and sophisticated system of solving international commercial disputes. In recent decades, enforcement of tribunal award benefited from various conventions like New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958). However the enforcement still has few difficulties. One problem is related to the enforcement of the award in different countries. Based on Article V (2(b)) of New York Convention, countries can prohibit enforcement of award if it is against public policy of that country. This broad definition has created many problems especially in some Islamic countries in Middle East due to frequent use of this defense. Islamic countries in Middle East have tried to implement new arbitration legislations from western countries in order to acclimate themselves with modern International commercial and political relations. However facing biased actions from western countries toward their cultures, have made these adaptations more challenging. Considering the claim of both parties, one should not forget the strong influence of culture in International relations as it defines many actions and concerns of society. Ignoring this issue can create many problems and hostile atmosphere between nations that even affect International commercial arbitration enforcements. Knowing the significance of effect of culture, it is essential for many lawyers, scholars and practitioners to study and learn more about culture and norms of other countries. Multi-cultural countries like Canada and commercial hubs like Dubai can facilitate understanding different cultures by creating cultural and legal centers. Description: Thesis (Master, Law) -- Queen's University, 2012-09-19 23:29:51.979 2012-09-20T04:00:00Z http://hdl.handle.net/1974/7120 Title: A CLASH OF TWO IMPERATIVES:THE RIGHT TO KNOW VERSUS THE NEED TO KEEP SECRET IN THE CONTEXT OF CRIMINAL LAW AND NATIONAL SECURITY MATTERS Authors: Wright, Philip Abstract: More than ever before, two imperatives, ‘the right to know’ and ‘the need to keep secret’, find themselves in a contest for a position of primacy in the contemporary legal system. The need to keep secret is antipathetic to the right to know. The Canadian Charter of Human Rights and Freedoms has entrenched a person’s right to disclosure of both exculpatory and inculpatory material in possession of the prosecution. Moreover, the common law has placed the additional responsibility on the prosecution to inquire of third parties as to the existence and production of material relevant to the defence. Despite the entrenchment of the right to disclosure the demands by the state have steadily grown for more evidence to be withheld from defendants, parties to proceedings and the public in general. The applications for in camera or ex parte hearings are common place and frequently acceded to. This thesis seeks to examine the clash of the two imperatives from the Canadian perspective. By using a comparative analysis of other jurisdictions throughout the thesis, it examines the various legislative instruments and common law employed in the Canadian Courts in respect of ‘ordinary’ criminal trials as well as trials of suspected terrorists, specifically, in respect of disclosure and the ability to withhold material from other parties and refrain from the obligation to disclose. The thesis includes a full analysis of disclosure options, public interest immunity, informer privilege, special advocates and other regimes, and claims of privilege in the interests of national security. The thesis provides a number of detailed recommendations as to how Canada can better balance rights of accused against the public interest and the needs of those who enforce the law.. The recommendations call for legal reforms, some new institutions for better accountability and new internal standards for those engaged in the investigation of crimes and national security matters. Description: Thesis (Ph.D, Law) -- Queen's University, 2012-04-25 15:01:59.292 2012-04-26T04:00:00Z http://hdl.handle.net/1974/7107 Title: Sentencing Aboriginal Offenders: The Honour of the Crown, Reconciliation and Rehabilitation of the Rule of Law Authors: Mann, Michelle Abstract: This thesis argues that the honour of the Crown and the reconciliation agenda are engaged in the sentencing of Aboriginal offenders, given grossly disproportionate Aboriginal incarceration rates and their underlying causes, including socio-economic problems, community breakdown and cultural dislocation that arise at least partly from the history of Crown-Aboriginal interaction. Such an interpretation facilitates a new relationship between the Crown and Aboriginal peoples and will contribute to the rehabilitation of the rule of law. I address not only the underlying legal questions pertaining to the engagement of the honour of the Crown and the reconciliation agenda in sentencing Aboriginal offenders, but also interrogatories relating to the role of morality in the law and the rule of law for Aboriginal peoples in the sentencing context. Fundamentally, the honour of the Crown and reconciliation principles are interpreted and applied such that the sentencing of Aboriginal offenders can accommodate and attempt to ameliorate colonialist history. This distinctive history produces a legal requirement of reconciliation and honour-based governance if the rule of law is to be a reality for Aboriginal peoples in Canada. Section 718.2(e) of the Criminal Code and Gladue analysis provide a vehicle for the courts to inject the honour of the Crown into the sentencing of Aboriginal offenders, albeit at one remove. However, the honour of the Crown requires a vigorous Gladue type analysis by judges sentencing Aboriginal offenders regardless of the existence of section 718.2(e). Canada must be prepared to accept responsibility and directly address some of the fallout in the criminal justice system from the history of Crown / Aboriginal relations. The honour of the Crown requires a different sentencing approach for Aboriginal offenders independent of section 718.2(e) and reconciliation is an interpretive normative principle underlying the sentencing of Aboriginal offenders, shaping the honour of the Crown and infusing the rule of law for Aboriginal peoples. Aboriginal offender rehabilitation needs to go hand in hand with the rehabiltation of the rule of law for Aboriginal peoples as a pivotal component of reconciliation. Description: Thesis (Master, Law) -- Queen's University, 2012-04-23 18:41:36.57 2012-04-24T04:00:00Z