Assn. of Justice Counsel: The Section 7 Liberty Interest in the Context of Employment
Bibliographic record
Abstract
Assn. of Justice Counsel v. Canada (Attorney General) is a labour arbitration case. An employer issued a directive requiring employees to be available for overtime work. The union argued that the directive was not a proper exercise of a management rights clause in a collective agreement. But the employer was the government, and the collective agreement also contained a clause forbidding the employer to violate employees’ Charter rights. And so the union also argued that the directive violated the employees’ rights under section 7 of the Charter. An adjudicator agreed with the union on both grounds. The Supreme Court of Canada held that the adjudicator’s decision as to management rights was reasonable, but rejected the union’s constitutional argument on the ground that the directive did not affect the employees’ section 7 right to liberty. It was therefore unnecessary to consider whether it was consistent with the principles of fundamental justice. In my view, this constitutional holding was probably wrong. Requiring someone to be somewhere at a particular time does affect the liberty interest, both in itself and, if sufficiently demanding of a person’s time, through its impact on fundamental personal choices. The Court’s reluctance to recognize these points may unnecessarily impede the continued development of the section 7 liberty interest. Moreover, the constitutional holding is inconsistent with the Court’s determination that the adjudicator’s decision was reasonable. On the facts of Assn. of Justice Counsel, if section 7 of the Charter applied at all, the constitutional issue and the issue of interpreting the collective agreement were essentially the same and should have been resolved the same way.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot 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.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.004 | 0.013 |
| Meta-epidemiology (narrow) | 0.001 | 0.002 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.028 | 0.006 |
| Scholarly communication | 0.009 | 0.003 |
| Open science | 0.003 | 0.003 |
| Research integrity | 0.038 | 0.024 |
| Insufficient payload (model declined to judge) | 0.012 | 0.003 |
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 source (direct Gemma or distilled Codex), 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".