The Demise of the Political Compromise Doctrine: Have Official Language Use Rights Been Revived?
Bibliographic record
Abstract
Most of the constitutionalized language rights in Canada have received a large and liberal interpretation. In contrast, the constitutional to use either official language in the courts has been categorized as a compromise right and interpreted narrowly to the point of being ineffective. Recently, a majority of the Supreme Court rejected the political compromise doctrine in R. v. Beaulac. It is hoped that this decision will result in a broader interpretation of the to use English or French before the courts. A restrictive interpretation of the right, however, is also dictated by its having been characterized as a negative liberty, and this aspect of the past case law was not overruled by Beaulac. In part, the negative liberty interpretation of the to use either official language in the courts stems from the fear that to adopt a positive approach would result in an irresolvable conflict between interacting holders of the same right. A positive interpretation of the is possible, however, if corresponding duties are imposed not on individuals, but on the state. In order to support a broad and positive interpretation of language use rights in the courts, as well as in the provision of government services, what is needed is an understanding of their purpose that goes beyond effective communication, that is, not one based on a natural justice rationale. To counter the tendency to construe the purpose of language rights in wholly instrumental terms, we need an account of such rights that recognizes the intrinsic value to a minority official language community of the use of its language. While Beaulac moves us significantly in the direction, the Supreme Court failed to articulate fully why the use of a particular language is important to a community.
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 | 0.029 | 0.046 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.001 | 0.002 |
| Science and technology studies | 0.015 | 0.058 |
| Scholarly communication | 0.019 | 0.020 |
| Open science | 0.005 | 0.006 |
| Research integrity | 0.020 | 0.022 |
| Insufficient payload (model declined to judge) | 0.008 | 0.001 |
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".