Bibliographic record
Abstract
The first part of this paper outlines three different approaches to the exercise of remedial discretion under the Charter, namely the exercise of strong discretion, rule-based discretion and principled discretion. The Supreme Court’s decision in Doucet-Boudreau v. Nova Scotia is next examined as an example of how remedial discretion can be guided by general principles such as the need for an effective remedy and respect for institutional roles. The Court’s advance costs decision in British Columbia v. Okanagan Indian Band is examined from the perspective of all three models of discretion with an emphasis on the dangers of strong discretion that is not guided by law. Finally, decisions on suspended declarations of invalidity, in particular Schachter v. Canada, are examined with an emphasis on the dangers of rule-based discretion that reduces remedial discretion to self-executing categories.
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 machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.015 | 0.024 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.004 | 0.018 |
| Scholarly communication | 0.010 | 0.006 |
| Open science | 0.002 | 0.003 |
| Research integrity | 0.006 | 0.010 |
| Insufficient payload (model declined to judge) | 0.004 | 0.001 |
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.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
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".