Appellant Factum: Counsel for the Charter Committee on Poverty Issues in Council of Canadians Et Al. v. Canada (Ontario Court of Appeal)
Bibliographic record
Abstract
The Appellant in this case submits that the investor-state adjudication provisions in Chapter 11 of the North America Free Trade Agreement (NAFTA) are unconstitutional and should be struck down. The provisions encompass virtually any government measure, including legislation, regulations or other measures that serve broad public interest objectives. Empowering an international tribunal to review decisions of Canada's superior courts and to award relief that was denied in the domestic courts violates sections 96-101 of the Constitution Act 1867, undermines the judicial independence of domestic courts and violates the principles of constitutionalism and the rule of law. Further, while investor-state procedures permit challenges to regulatory and protective measures that directly impact on Charter rights to security of the person and equality, investor-state tribunals are unable to ensure that these rights are considered or protected in the adjudication of individual investor claims or in the determination of appropriate remedies. Investor-state procedures thus violate sections 7 and 15 and are not justifiable under section 1 of the Charter.
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 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 | 0.003 | 0.007 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.001 | 0.002 |
| Science and technology studies | 0.027 | 0.003 |
| Scholarly communication | 0.007 | 0.002 |
| Open science | 0.003 | 0.001 |
| Research integrity | 0.019 | 0.008 |
| Insufficient payload (model declined to judge) | 0.026 | 0.004 |
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".