Bibliographic record
Abstract
The Canadian Charter of Rights and Freedoms opens with the declaration that it “guarantees the rights and freedoms set out in it,” thus assuring the constitutional status of the rights enumerated. However, section 1 goes on to say that this guarantee is “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society,” thus recognizing that the rights are subject to “reasonable limits” that meet a certain standard. What the section fails to explain is the precise relationship between these two elements. In what way does the standard of “reasonable limits” interact with the rights guaranteed? There are two main answers to this question. The first holds that section 1 lays down a uniform standard that is “external” to the specific constitutional guarantees and only comes into play once an infringement of a substantive right has been found. We may call this the monistic approach, because it envisages a single standard applicable to the full range of Charter infringements, one that owes its character to the terms of section 1 itself. The second viewpoint holds that section 1 envisages a multiplicity of standards for assessing limits on Charter rights. These standards are tailored to the particular rights in question and form part of their effective definitions. In this sense they are “internal” to the substantive guarantees. Applying these standards is part and parcel of the process of determining whether specific Charter rights have been infringed. The standards all reflect the basic requirements set out in section 1, however, they are fleshed out with concrete criteria appropriate to the particular rights in question. We may call this the pluralistic approach, because it envisages a range of differing standards for judging limits on Charter rights. This paper weighs the relative merits of these two approaches and argues that the pluralistic approach is the one best suited to the heterogeneous character of the Charter and the rights it guarantees.
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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 | 0.053 | 0.129 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.002 | 0.002 |
| Bibliometrics | 0.003 | 0.003 |
| Science and technology studies | 0.012 | 0.043 |
| Scholarly communication | 0.011 | 0.026 |
| Open science | 0.004 | 0.013 |
| Research integrity | 0.007 | 0.012 |
| Insufficient payload (model declined to judge) | 0.019 | 0.002 |
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".