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Record W265884658

Review Article: The Charter and Poverty: Beyond Injusticiability

2001· article· en· W265884658 on OpenAlexaffabout
David Wiseman

Bibliographic record

VenueSSRN Electronic Journal · 2001
Typearticle
Languageen
FieldSocial Sciences
TopicMulticultural Socio-Legal Studies
Canadian institutionsUniversity of Ottawa
Fundersnot available
KeywordsJusticiabilityCharterJurisprudenceSupreme courtPolitical scienceAdjudicationLawLaw and economicsLegitimacyPovertyHuman rightsSociologyPolitics
DOInot available

Abstract

fetched live from OpenAlex

A decision that the right to security of the person, guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms, does not provide protection against reductions in social assistance, for instance, is a decision that claims to such protection are unavailable for adjudication by courts. Given these deficiencies, some of which are explored more deeply below, the decisions of lower courts holding poverty-related Charter claims injusticiable constitute one area of justiciability jurisprudence that stands to benefit from Sossin's analysis. ... At the outset of his consideration Sossin notes that while Canadian courts have generally been reluctant to invest Charter rights with social and economic content, in Irwin Toy the Supreme Court expressly refrained from foreclosing the possibility that s. 7 protects 'economic rights fundamental to human life and survival.' ... Since the reasoning in PUC is illustrative of the reasoning in lower court decisions holding poverty-related Charter claims injusticiable, this consideration also suggests that a reconstruction of this area of justiciability jurisprudence in accordance with Sossin's analysis and framework would point towards a confirmation of the justiciability of those claims. ... Ultimately, this suggests not only that an application of Sossin's framework and analysis would assist in improving lower court treatment of institutional capacity and legitimacy issues in this area of justiciability jurisprudence but also that it would point those courts towards holding poverty-related Charter claims justiciable.

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)0.001
metaresearch head score (Gemma)0.004
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: Not applicable
GenreCandidate signal: Review · Consensus signal: Review
Teacher disagreement score0.039
Threshold uncertainty score0.131

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0010.004
Meta-epidemiology (narrow)0.0010.000
Meta-epidemiology (broad)0.0030.001
Bibliometrics0.0030.008
Science and technology studies0.0010.002
Scholarly communication0.0060.004
Open science0.0020.002
Research integrity0.0050.004
Insufficient payload (model declined to judge)0.0390.011

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 head0.016
GPT teacher head0.305
Teacher spread0.289 · 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
GenreReview

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
Published2001
Admission routes2
Has abstractyes

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