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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 machine prediction

Teacher imitation

Not 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.

metaresearch head score (Codex)0.023
metaresearch head score (Gemma)0.070
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Commentary · Consensus signal: none
Teacher disagreement score0.968
Threshold uncertainty score0.899

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0230.070
Meta-epidemiology (narrow)0.0000.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0020.002
Science and technology studies0.0150.022
Scholarly communication0.0160.007
Open science0.0030.005
Research integrity0.0140.010
Insufficient payload (model declined to judge)0.0060.001

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.

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 source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreCommentary

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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