Limiting rights, Canadian style : the Supreme Court of Canada, American jurisprudence and section 1 of the Charter /

The addition of the Charter of Rights and Freedoms represented a fundamental shift in Canadian governance. Many saw the tabling of such a document as a further, even fmal, step towards the Americanization of the Canadian polity. While the Charter's presence has significantly altered the relationship between citizens, government and the courts, it has done so by maintaining the traditional values and experiences that has been the hallmarks of Canadian constitutionalism. This is in contrast to the fears harboured by critics suggesting that the Charter was a further Americanization of the Canadian Polity, notwithstanding the very different natures of the American Bill of Rights and the Canadian Charter. Analyzing American Supreme Court precedent use by the Canadian Supreme Court has demonstrated that such an Americanization has not, in fact, occurred. In the present analysis of American precedent use in section 1 limitation of rights cases, the citation of these precedents are at best episodic, at least on the quantitative level. Qualitatively, the Canadian Supreme Court generally uses American jurisprudence to further support broad definitions of 'great rights' . As for the more intricate details of rights limitations and the process involved in detennining how Charter rights are limited, one would be hard pressed to find even cursory references to American case law.

Individual Differences in Global/Local Processing Bias and the Attentional Blink

When the second of two targets (T2) is presented temporally close to the first target (T1) in rapid serial visual presentation, accuracy to detect/identify T2 is markedly reduced as compared to longer target separations. This is known as the attentional blink (AB), and is thought to reflect a limitation of selective attention. While most individuals show an AB, research has demonstrated that individuals are variously susceptible to this effect. To explain these differences, Dale and Arnell (2010) examined whether dispositional differences in attentional breadth, as measured by the Navon letter task, could predict individual AB magnitude. They found that individuals who showed a natural bias toward the broad, global level of Navon letter stimuli were less susceptible to the AB as compared to individuals who showed a natural bias toward the detailed, local aspects of Navon letter stimuli. This suggests that individuals who naturally broaden their attention can overcome the AB. However, it was unclear how stable these individual differences were over time, and whether a variety of global/local tasks could predict AB performance. As such, the purpose of this dissertation was to investigate, through four empirical studies, the nature of individual differences in both global/local bias and the AB, and how these differences in attentional breadth can modulate AB performance. Study 1 was designed to examine the stability of dispositional global/local biases over time, as well as the relationships among three different global/local processing measures. Study 2 examined the stability of individual differences in the AB, as well as the relationship among two distinct AB tasks. Study 3 examined whether the three distinct global/local tasks used in Study 1 could predict performance on the two AB tasks from Study 2. Finally, Study 4 explored whether individual differences in global/local bias could be manipulated by exposing participants to high/low spatial frequencies and Navon stimuli. In Study 1, I showed that dispositional differences in global/local bias were reliable over a period of at least a week, demonstrating that these individual biases may be trait-like. However, the three tasks that purportedly measure global/local bias were unrelated to each other, suggesting that they measure unique aspects of global/local processing. In Study 2, I found that individual variation in AB performance was also reliable over a period of at least a week, and that the two AB task versions were correlated. Study 3 showed that dispositional global/local biases, as measured by the three tasks from Study 1, predicted AB magnitude, such that individuals who were naturally globally biased had smaller ABs. Finally, in Study 4 I demonstrated that these dispositional global/local biases are resistant to both spatial frequency and Navon letter manipulations, indicating that these differences are robust and intractable. Overall, the results of the four studies in this dissertation help clarify the role of individual differences in attentional breadth in selective attention.