Legal Modesty and Political Boldness: The Supreme Court of Canada's Decision in Chaoulli V. Quebec
Bibliographic record
Abstract
When the Supreme Court of Canada decided in June 2005 to strike down Quebec’s ban on private health insurance, the impression was quickly created that the Court effected a legal and political revolution. This article suggests that the impression is only partly correct. The Court applied a jurisprudentially modest and well-established interpretation of the right to personal security to dispose of the appeal in Chaoulli v. Quebec. It created a right neither to public health care nor to private health insurance. However, in applying the reasoning in R. v. Morgentaler to a complex area of social policy, it inserted itself into the public policy process and may well have contributed to basic changes in health care policy in Canada. Morgentaler secured the ability to operate private abortion clinics in 1988 – a curious legacy of that victory may be the increasing privatization of health care following Chaoulli.
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot 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.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.000 | 0.001 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.001 | 0.002 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
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.
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 teacher head, 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".