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Record W1513405201

Charter Remedies in 2001: Proceeding Cautiously

2002· article· en· W1513405201 on OpenAlexaboutno aff
Q.C. David Sgayias

Bibliographic record

VenueThe Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference · 2002
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicLaw, logistics, and international trade
Canadian institutionsnot available
Fundersnot available
KeywordsCharterLawSupreme courtPolitical scienceConstitutionJurisprudenceLegislatureSanctions
DOInot available

Abstract

fetched live from OpenAlex

The Charter guarantees the fundamental rights and freedoms of all Canadians. It does this through two kinds of provisions. The first are provisions describing the rights and freedoms guaranteed. The second are provisions providing remedies or sanctions for breaches of these rights. ... Litigation under the Charter has been preoccupied with the content of the guaranteed rights and freedoms. Remedies have usually taken a back seat. That is understandable, since the question of remedy is reached only once an infringement of a right or freedom has been established. However, litigation under the Charter should not be mistaken for academic debate. The pursuit of a remedy lies at the heart of every Charter case. Only a remedy can give substance to a right or freedom that is found to have been infringed. Remedies required the attention of the Supreme Court of Canada in a half dozen Charter decisions handed down over the past year. Those decisions treat a wide variety of issues arising under both of the remedial provisions, subsection 24(1) of the Charter and subsection 52(1) of the Constitution Act, 1982. They tend to confirm the existing jurisprudence and to exhibit a cautious approach to Charter remedies, an approach under which the court’s remedy should respect the institutional role of the legislature.

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.

How this classification was reachedexpand

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)0.001
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesMeta-epidemiology (narrow), Insufficient 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
Metaresearch0.0010.001
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.002
Scholarly communication0.0000.001
Open science0.0010.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0030.001

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 head0.095
GPT teacher head0.275
Teacher spread0.180 · 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

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations1
Published2002
Admission routes1
Has abstractyes

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