RELIRE L’ARRÊT BÉLIVEAU ST-JACQUES POUR REDONNER VIE AU PREMIER ALINÉA DE L’ARTICLE 49 DE LA CHARTE QUÉBÉCOISE DES DROITS ET LIBERTÉS DE LA PERSONNE
Bibliographic record
Abstract
This paper proposes a re-reading of the decision in Beliveau St-Jacques (1996), a landmark decision that illustrates what Henri Mazeaud calls [TRANSLATION] “the force of attraction and the power of absorption of civil liability.” The Supreme Court of Canada, indeed, compares the concept of civil fault to the violation of a right protected by the Quebec Charter of Human Rights and Freedoms and, by extension, to the unlawful interference referred to in section 49. However, since 1996, the Beliveau St-Jacques decision has stood apart. In other decisions from the common law provinces, such as Seneca College v Bhadauria (1981), Robichaud v Canada (Treasury Board) (1987) and Vancouver (City) v Ward (2010), the Supreme Court has accentuated the remedial object of the (quasi-constitutional) human rights laws to support the autonomy of remedies for the infringement of rights and freedoms versus general law remedies. The Hon Louis LeBel, in de Montigny (2010), uses the contextual argument to distance himself from the interpretation made of s. 49, para. 1 in Beliveau St-Jacques, which is situated in a very specific set of facts. Echoing the question raised some years earlier: [TRANSLATION] “… with the coming into force of the Charters, what happens to the function of delictual liability in this area? Must its structural principles evolve to take account of this transformed legal environment?”
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 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 | 0.006 | 0.002 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.004 | 0.003 |
| Scholarly communication | 0.001 | 0.001 |
| Open science | 0.001 | 0.000 |
| Research integrity | 0.000 | 0.001 |
| Insufficient payload (model declined to judge) | 0.001 | 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".