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Record W2259420773

Should the Charter Apply to Universities

2015· article· en· W2259420773 on OpenAlexaffabout
Michael L. Marin

Bibliographic record

VenueSSRN Electronic Journal · 2015
Typearticle
Languageen
FieldSocial Sciences
TopicLaw, Rights, and Freedoms
Canadian institutionsUniversity of New Brunswick
Fundersnot available
KeywordsCharterScrutinyPolitical scienceJurisprudenceSupreme courtLawStatutory lawContext (archaeology)Government (linguistics)AutonomyConstitutional lawAcademic freedomPublic administrationHigher education
DOInot available

Abstract

fetched live from OpenAlex

This article explores the unresolved issue of whether the Charter of Rights and Freedoms applies to public universities in Canada. The author considers the Supreme Court’s judgment in McKinney v. University of Guelph in the context of more recent jurisprudence on the application of the Charter, as well as divergent lower court judgments concerning restrictions on student expression. He argues that public universities in Alberta, British Columbia, and Ontario implement specific government policies and exercise statutory powers of a public nature, which should subject them constitutional scrutiny. He further demonstrates that the Charter’s application is reconcilable with institutional autonomy. By limiting constitutional review to the public decisions of universities and imposing the reasonableness standard, courts can protect Charter values without unduly intruding into operational activities. More fundamentally, the author argues that the continued treatment of universities as Charter-free zones is both indefensible as a matter of legal principle, and inconsistent with the preservation of academic freedom.

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)0.002
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: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.728
Threshold uncertainty score0.665

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0020.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0010.001
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.001
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 head0.034
GPT teacher head0.288
Teacher spread0.255 · 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 designTheoretical or conceptual
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
Published2015
Admission routes2
Has abstractyes

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