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Record W2133624854

Clarifying the Role of Precedent and the Doctrine of Stare Decisis in Trial and Intermediate Appellate Level Charter Analysis

2013· article· en· W2133624854 on OpenAlexaffvenueabout
Adryan J. W. Toth

Bibliographic record

VenueDalhousie journal of legal studies · 2013
Typearticle
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsUniversity of Saskatchewan
Fundersnot available
KeywordsCharterDoctrineSupreme courtAppealLawPolitical scienceJurisprudenceContext (archaeology)SociologyHistory
DOInot available

Abstract

fetched live from OpenAlex

What happens when valid constitutional precedent, including precedent from our country’s highest court, is called into question in both fact and law? Such has been an increasingly familiar phenomenon in Canadian Charter jurisprudence. This is not necessarily surprising considering that the Charter is now over 30 years old and previous Charter issues once thought to be settled are starting to be relitigated in light of new social and legislative facts. It is amongst this backdrop that this paper considers, and makes attempts to disentangle, some of the thorny doctrinal issues associated with stare decisis and precedent in such situations. The paper uses and considers two cases, Bedford v Attorney (General Canada) and Carter v Canada (Attorney General), as examples of courts having to grapple with stare decisis and precedent based issues in face of binding Supreme Court of Canada precedent. Since this paper was published, new cases have emerged where trial and intermediate appellate courts have had to face similar, if not identical, issues with the doctrine of stare decisis in the Charter context [see e.g. The Saskatchewan Federation of Labour et al v The Queen, 2013 SKCA 43 leave to appeal granted 2013 CanLII 654102 (SCC)]. Ultimately, this paper goes on to provide a principled framework for navigating stare decisis and precedent based issues in trial and intermediate level appellate level Charter analysis.

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 categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Qualitative · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.327
Threshold uncertainty score0.510

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 studies0.0000.001
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

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 head0.039
GPT teacher head0.332
Teacher spread0.293 · 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.

The models applied no category: nothing in the taxonomy fit this work.
Study designQualitative
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

Citations1
Published2013
Admission routes3
Has abstractyes

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