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Record W1511124634 · doi:10.60082/2563-8505.1168

Narrowing Interjurisdictional Immunity

2008· article· en· W1511124634 on OpenAlex
Peter W. Hogg, Rahat Godil

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueSupreme Court law review · 2008
Typearticle
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsnot available
Fundersnot available
KeywordsSupreme courtFederalismLawDoctrineJurisdictionPolitical scienceSovereign immunityQualified immunityLegislationFederal jurisdictionLaw and economicsEconomicsPolitics

Abstract

fetched live from OpenAlex

The doctrine of “interjurisdictional immunity” is part of the framework of principles of Canadian federalism aimed at reconciling federal values with the reality that laws enacted by one level of government will inevitably have an impact on matters within the jurisdiction of the other level of government. The law on interjurisdictional immunity has undergone considerable evolution in the last few decades, with the most recent development being the Supreme Court of Canada’s decisions in Canadian Western Bank and Lafarge, which were decided in 2007. Historically, the doctrine of interjurisdictional immunity was narrowly applied and the issue was whether a provincial law sterilized, paralyzed or impaired a federal undertaking or subject. This strict test was relaxed by the Supreme Court of Canada in the seminal cases of Bell 1966 and Bell 1988, which held that provincial legislation was inapplicable to federal undertakings whenever it “affected” a vital part of a federal undertaking or core of federal jurisdiction. In Canadian Western Bank and Lafarge, the Supreme Court shifted the balance of federalism in the direction of the provinces by reverting back to a more restrictive approach to interjurisdictional immunity. In the first part of this paper, the authors describe the interjurisdictional immunity doctrine and distinguish it from the doctrines of pith and substance and paramountcy. In the second part, the authors discuss the history and development of interjurisdictional immunity, and in the last part, they provide comments on the wisdom of the Supreme Court’s move to a more restrictive application of interjurisdictional immunity in Canadian Western Bank and Lafarge.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesInsufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.975
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0010.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0010.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.063
GPT teacher head0.344
Teacher spread0.281 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it