MétaCan
Menu
Back to cohort
Record W1532966925

The Freedom to Strike in Canada: A Brief Legal History

2010· article· en· W1532966925 on OpenAlexaffabout
Eric Tucker, Judy Fudge

Bibliographic record

VenueSSRN Electronic Journal · 2010
Typearticle
Languageen
FieldSocial Sciences
TopicLabor Movements and Unions
Canadian institutionsYork University
Fundersnot available
KeywordsFreedom of associationLabour lawLawCollective bargainingLabor relationsIndustrial relationsPolitical sciencePrinciple of legalitySupreme courtFreedom of contractCharterContext (archaeology)SociologyLaw and economicsHistoryHuman rights
DOInot available

Abstract

fetched live from OpenAlex

In the B.C. Health Services Subsector case [2007] 2 S.C.R. 391, the Supreme Court Canada relied, in part, on the history of Canadian labour law to support the conclusion that collective bargaining was an activity that was protected under the freedom of association guaranteed by the Canadian Charter of Rights and Freedoms. Thus, it is likely that the Court will consider Canadian labour law history to determine whether or not constitutional protection also extends to the freedom to strike. The two principal purposes of this paper are: 1) to provide an analytic framework for approaching the history of the right to strike; and 2) to sketch out the contours of that history. First, we claim that it is only possible to understand the legal “right” to strike in the labour relations context in relation to the freedom to associate and the freedom to bargain collectively. Second, the paper draws upon W.N. Hohfeld’s typology of jural relations in order to analyze and to evaluate the rules that shape the legal relationships between individuals and social groups. Third, we map the complex and historically evolving legal relations governing the freedom of association, collective bargaining and striking during successive regimes of industrial legality in Canada.

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 imitation

Not 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.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.005
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Review · Consensus signal: none
Teacher disagreement score0.246
Threshold uncertainty score0.874

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0020.005
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.000
Bibliometrics0.0090.018
Science and technology studies0.0270.016
Scholarly communication0.0130.004
Open science0.0020.002
Research integrity0.0050.006
Insufficient payload (model declined to judge)0.0070.001

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 head0.005
GPT teacher head0.224
Teacher spread0.219 · 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 source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreReview

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

Citations4
Published2010
Admission routes2
Has abstractyes

Explore more

Same venueSSRN Electronic JournalSame topicLabor Movements and UnionsFrench-language works237,207