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Record W2260725809

The Duty of Fairness: From Nicholson to Baker and Beyond

2008· article· en· W2260725809 on OpenAlexaffabout
Grant Huscroft

Bibliographic record

VenueSSRN Electronic Journal · 2008
Typearticle
Languageen
FieldSocial Sciences
TopicLegal Issues in South Africa
Canadian institutionsWestern University
Fundersnot available
KeywordsDutyNoticeSupreme courtLawLegislatureContext (archaeology)Political scienceCitizenshipNothingImmigrationHistory
DOInot available

Abstract

fetched live from OpenAlex

The author traces the development of the duty of fairness in Canada beginning with Nicholson v Haldimand-Norfolk (Regional) Police Commissioners in 1979, in which the Supreme Court of Canada abandoned the dichotomy between judicial and administrative decisions, holding that a general duty of fairness applies whenever a decision is made that affects the rights, interests, or privileges of an individual. The threshold tests for determining when fairness is required are analyzed. Particular attention is paid to the concept of legitimate expectation, which may expand the availability of the fairness duty as a result of the conduct of public officials. Various limitations on the duty of fairness are considered, the most controversial of which is the non-application of the duty to legislative decisions. The duty of fairness has remained confined to procedural protection in Canada, and the content of the duty is context dependent. It may be satisfied by minimal, informal procedures in some cases - perhaps notice and a chance to reply - while in other cases nothing less than a formal, oral hearing will do. The criteria established by the Supreme Court of Canada in Baker v. Canada (Minister of Citizenship and Immigration) for determining the degree of fairness required in particular circumstances are discussed at length.

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)0.008
metaresearch head score (Gemma)0.013
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.408
Threshold uncertainty score0.812

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0080.013
Meta-epidemiology (narrow)0.0010.000
Meta-epidemiology (broad)0.0010.000
Bibliometrics0.0020.002
Science and technology studies0.0130.083
Scholarly communication0.0090.013
Open science0.0020.005
Research integrity0.0060.012
Insufficient payload (model declined to judge)0.0030.000

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 head0.010
GPT teacher head0.273
Teacher spread0.262 · 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 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

Citations0
Published2008
Admission routes2
Has abstractyes

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Same venueSSRN Electronic JournalSame topicLegal Issues in South AfricaFrench-language works237,207