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Record W1569721685 · doi:10.60082/2563-8505.1167

Interjurisdictional Immunity: The Pendulum Has Swung

2008· article· en· W1569721685 on OpenAlexaboutno aff
John G. Furey

Bibliographic record

VenueSupreme Court law review · 2008
Typearticle
Languageen
FieldSocial Sciences
TopicJudicial and Constitutional Studies
Canadian institutionsnot available
Fundersnot available
KeywordsDoctrineSupreme courtFederalismLawPolitical scienceLegislationCLARITYPolitics

Abstract

fetched live from OpenAlex

In Canadian Western Bank v. Alberta and British Columbia v. Lafarge, the Supreme Court of Canada significantly altered the application of the constitutional doctrine of interjurisdictional immunity. In each case, by a 6-1 majority, the Court rejected challenges to the application of provincial legislation to federal organizations (banks in the Alberta case, and a port authority in British Columbia). In doing so, the author argues, the Court has severely restricted the application of the doctrine, primarily by raising the threshold of the test from one of “affecting” a vital aspect of the federal organization to one which imposes a requirement of “impairment”. Further, the author suggests that the use of the doctrine may be further restricted by the Court’s limitation of the federal heads of power to which the doctrine will be applied, and by the suggestion of the Court in Lafarge that the doctrine should not be applied to “double aspect” cases. Finally, the author takes the position that these decisions bring much-needed clarity to the application of the doctrine, in a fashion which brings the doctrine in line with modern principles of Canadian federalism.

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)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies, 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 score0.939
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 studies0.0040.002
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 head0.089
GPT teacher head0.320
Teacher spread0.231 · 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

Citations4
Published2008
Admission routes1
Has abstractyes

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