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Record W3116682399

Canadian Labour Law after Vavilov

2020· article· en· W3116682399 on OpenAlexaffabout
Paul Daly

Bibliographic record

VenueSSRN Electronic Journal · 2020
Typearticle
Languageen
FieldSocial Sciences
TopicLegal processes and jurisprudence
Canadian institutionsUniversity of Ottawa
Fundersnot available
KeywordsDeferenceDoctrineLabor relationsLabour lawPolitical scienceContext (archaeology)De factoLawJudicial opinionJudicial reviewAdministrative lawLaw and economicsSociologyHistory
DOInot available

Abstract

fetched live from OpenAlex

Canada’s doctrine of deference to administrative decision-makers was built on foundations provided by labour relations arbitrators and tribunals. With Vavilov, however, those foundations have shifted. In the formative years of the Canadian law of deference, front-line labour relations decision-makers could rely on their expertise and privative clauses to provide shelter from judicial oversight. Post Vavilov, expertise must be demonstrated – it cannot be presumed – and privative clauses give no special protection to administrative decision-makers, not even in the labour relations area. This foundational shift has serious implications for the Canadian labour relations community: there is now a de facto requirement to provide reasons for decisions; these reasons must be justified in respect of the facts and law, demonstrate the application of expertise and be responsive to the central arguments and evidence; and counsel defending decisions on judicial review cannot invoke background context which is not laid out in the reasons. In this short article, I lay out the origin story of contemporary Canadian administrative law, briefly describe its evolution in the late 20th and early 21st centuries, describe the key features of Vavilov and a post-Vavilov decision which illustrates the brave new world of labour relations decision-making.

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)0.001
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: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.761
Threshold uncertainty score0.996

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
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 integrity0.0000.001
Insufficient payload (model declined to judge)0.0010.000

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 head0.007
GPT teacher head0.254
Teacher spread0.247 · 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 designTheoretical or conceptual
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

Citations0
Published2020
Admission routes2
Has abstractyes

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