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Record W3037651573

Fundamental Rights for All

2020· article· en· W3037651573 on OpenAlexaboutno aff
Suzy Flader

Bibliographic record

VenueAppeal: Review of Current Law and Law Reform · 2020
Typearticle
Languageen
FieldSocial Sciences
TopicMulticultural Socio-Legal Studies
Canadian institutionsnot available
Fundersnot available
KeywordsCharterSupreme courtLaw and economicsLawFundamental rightsPolitical scienceJurisprudenceArgument (complex analysis)Economic JusticeSociologyHuman rights
DOInot available

Abstract

fetched live from OpenAlex

Section 7 of the Canadian Charter of Rights and Freedoms has led to some groundbreaking wins for Canadians. However, its life, liberty, and security of the person guarantees are not currently expansive enough to truly protect the interests of marginalized claimants. Furthermore, the equality protections guaranteed by section 15 of the Charter are often insufficient for marginalized claimants due to unsettled jurisprudence. In response to the need for novel claims to alleviate complex systemic problems, this paper advocates for the introduction of equality as a principle of fundamental justice underlying the section 7 test. The equality conceptualized at the heart of this argument is intersectional and therefore inclusive of the various barriers that individuals face when attempting to protect their Charter rights. With this definition in mind, the paper considers four Supreme Court of Canada decisions—PHS, Boudreault, Gosselin, and Carter—to examine recent equality trends beyond section 15 of the Charter and consider the pressing need for equality as a new principle of fundamental justice. Finally, the benefits of the proposed principle are weighed against potential judicial concerns in order to suggest that balance will be necessary to satisfy opposing interests. The overall message here is not that Charter litigation can fix every need, but rather that everyone should have fair opportunities to advocate for their protected rights.

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 imitation

Not 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.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.995
Threshold uncertainty score0.555

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0010.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

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.

Opus teacher head0.073
GPT teacher head0.377
Teacher spread0.304 · 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 teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreEmpirical

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

Citations1
Published2020
Admission routes1
Has abstractyes

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