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Record W1559533328

Where is B.C. Law Going? The New Mobility

2011· article· en· W1559533328 on OpenAlexaffabout
Rollie Thompson

Bibliographic record

VenueSSRN Electronic Journal · 2011
Typearticle
Languageen
FieldSocial Sciences
TopicCanadian Policy and Governance
Canadian institutionsDalhousie University
Fundersnot available
KeywordsRelocationAppealJurisdictionSupreme courtLawPolitical scienceLegislature
DOInot available

Abstract

fetched live from OpenAlex

British Columbia has often been Canada's social laboratory for new ideas, and not always in a good way. But the rest of us, from the other side of the Rockies, watch with interest and occasionally amazement, as B.C. tries something new. That's certainly true about the law of mobility or parental relocation. First, as part of its White Paper and now Bill 16, British Columbia has become the first Canadian jurisdiction to enact specific legislative provisions concerning relocation. Second, in a spate of recent appeals, the B.C. Court of Appeal has become hyperactive in relocation cases, overturning three of four trial decisions and propounding new mobility principles of their own. Third, B.C. has more trial-level relocation decisions than any other Canadian jurisdiction, offering an opportunity to compare and contrast B.C. outcomes with those from other Canadian jurisdictions.\nIt would be good if B.C. were to be a social laboratory on relocation, as we will not get any help at the national level. Since 1996, since Gordon v. Goertz, the Supreme Court of Canada has refused leave to appeal in 13 relocation cases, including the controversial B.C. decision of Karpodinis v. Kantas. It appears unlikely that we will receive any further guidance from the Supreme Court of Canada. Nor will any help come from the federal government, as there has been no recent move to amend the custody or relocation provisions of the Divorce Act. The last attempt to do so was Bill C-22, introduced by the Liberal government in December 2002 and left to die on the order paper in November 2003.\nIn this article, I propose to take a close look at "what's goin' on" in British Columbia, to quote Marvin Gaye. First, I will look at the B.C. trial decisions from the past two years, from March 2009 to October 2011, to ascertain patterns and trends in relocation decisions. Second will be a close analysis of the recent Court of Appeal decisions, and their implications for the conduct of relocation cases. For both levels of court, I will compare and contrast the B.C. experience to that in other Canadian jurisdictions. The trial and appeal decisions are listed in the Appendix. Third, I want to take a brief digression into child support and sharing of travel expenses in relocation cases, sparked by the recent Court of Appeal decision in Greene. Fourth will be a critical analysis of the Bill 16 legislation provisions on relocation. When proclaimed, will these provisions make a difference?

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)0.004
metaresearch head score (Gemma)0.009
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: Not applicable
GenreCandidate signal: Commentary · Consensus signal: Commentary
Teacher disagreement score0.101
Threshold uncertainty score0.736

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0040.009
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0010.002
Science and technology studies0.0280.020
Scholarly communication0.0200.006
Open science0.0030.003
Research integrity0.0110.017
Insufficient payload (model declined to judge)0.0210.004

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 head0.016
GPT teacher head0.264
Teacher spread0.248 · 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
GenreCommentary

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

Citations0
Published2011
Admission routes2
Has abstractyes

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