Bibliographic record
Abstract
The paper examines the ways the tests for discrimination expounded in the statutory and constitutional contexts have coincided in Canadian law since Andrews v. Law Society of British Columbia. Based on statistical evidence that there are many more final rulings by human rights tribunals on statutory equality rights than rulings of Canadian courts on constitutional equality rights, the decisions of human rights tribunals interpreting statutory prohibitions on discrimination are exerting the primary influence on the development of anti-discrimination law as a whole. Since Law v. Canada (Minister of Employment and Immigration) and British Columbia (Public Service Employee Relations Commission) v. BCGSEU, three approaches have dominated debates on the approach to resolve this “strange double life” of Canadian equality rights. The paper concludes by illustrating how Moore v. British Columbia (Education) and Quebec (Attorney General) v. A. attempt to merge the tests for establishing discrimination in both the statutory and constitutional realms and bring us two steps closer to a more harmonized approach.
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 | 0.006 | 0.013 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.000 |
| Bibliometrics | 0.003 | 0.003 |
| Science and technology studies | 0.023 | 0.032 |
| Scholarly communication | 0.013 | 0.007 |
| Open science | 0.002 | 0.005 |
| Research integrity | 0.004 | 0.006 |
| Insufficient payload (model declined to judge) | 0.005 | 0.000 |
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.
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".