MétaCan
Menu
Back to cohort
Record W3018881301 · doi:10.20381/ruor-24645

Liability of the Crown: Are Immunities Unnecessary in Québec?

2020· dissertation· en· W3018881301 on OpenAlexaboutno aff
Nicholas Jobidon

Bibliographic record

VenueuO Research (University of Ottawa) · 2020
Typedissertation
Languageen
FieldSocial Sciences
TopicEuropean and International Contract Law
Canadian institutionsnot available
Fundersnot available
KeywordsLiabilityCrown (dentistry)BusinessLawForensic engineeringPolitical scienceEngineeringMaterials scienceComposite material

Abstract

fetched live from OpenAlex

The Crown has extensive powers and can sometimes cause injuries to those it governs through the use or misuse or these powers. Since there is no legislative scheme in place in Québec to create a specific regime for compensating these injured parties, the Crown is generally subject to the law of the land just like any other subject of the law. The separation of powers in Canada limits the power of the courts to review and evaluate Crown actions. The deference they must exercise in this review ensures that courts do not encroach on the legislative’s will to endow the Crown with its sovereign powers. This deference is relatively well understood in public law when it comes to declaring whether the use of these sovereign powers by the Crown was legal and within its mandate. The same principle of deference also applies to civil lawsuits in compensation. In Québec, the current form this deference takes is that the Crown is immune from normal rules of civil liability when it uses its core policy powers (such as regulatory powers), unless these powers were exercised in bad faith. This judicial scheme, however, appears unnecessary and needlessly complex. The definition of bad faith has been construed by the Supreme Court to include any action that would constitute a gross fault under the Québec civil law regime; in practice, the exercise of policy powers would command deference even if the standard was that of a simple fault. This means that the immunity only protects the Crown from injuries caused by the sort of action that it would not be liable for under the private law regime, making the immunity unnecessary.

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)0.002
metaresearch head score (Gemma)0.006
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: none
GenreCandidate signal: Other · Consensus signal: none
Teacher disagreement score0.079
Threshold uncertainty score0.576

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0020.006
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.001
Science and technology studies0.0080.006
Scholarly communication0.0060.003
Open science0.0020.001
Research integrity0.0050.004
Insufficient payload (model declined to judge)0.0130.001

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 head0.070
GPT teacher head0.343
Teacher spread0.273 · 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
GenreOther

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
Published2020
Admission routes1
Has abstractyes

Explore more

Same venueuO Research (University of Ottawa)Same topicEuropean and International Contract LawFrench-language works237,207