Remedies Matter: Evaluating the Efficacy of Remedies in Public Law Litigation for Executive Action
Bibliographic record
Abstract
This paper explores the concept of meaningful remedies for individual and classes of litigants in lawsuits against the Crown. Using two case studies, this paper discusses how litigants can ensure that remedies obtained against the Crown promote accountability and enforceability, behaviour change and systemic change. These case studies include Kanthasamy v Canada (Citizenship and Immigration), which considered the scope of humanitarian & compassionate considerations for children seeking refugee protection in Canada, and First Nations Child and Family Caring Society v Canada (Attorney General), which addressed the implementation of Jordan’s Principle for First Nations children. The author uses these case studies to analyze the challenges of implementing meaningful remedies in practice and concludes with three key observations of how Crown executive actors tend to respond to remedies ordered by courts and administrative tribunals: (1) they are largely distrusting of remedies ordered by administrative tribunals; (2) they are largely motivated by political opportunism; and (3) they often opt to introduce systemic changes through soft law rather than legally binding measures.
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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 | 0.094 | 0.429 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.002 | 0.001 |
| Bibliometrics | 0.003 | 0.002 |
| Science and technology studies | 0.005 | 0.014 |
| Scholarly communication | 0.006 | 0.014 |
| Open science | 0.003 | 0.005 |
| Research integrity | 0.009 | 0.007 |
| Insufficient payload (model declined to judge) | 0.007 | 0.001 |
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.
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".