The Boundaries of Judicial Review Since Highwood Congregation of Jehovah’s Witnesses v. Wall
Bibliographic record
Abstract
In Highwood Congregation of Jehovah’s Witnesses v. Wall, [2018] 1 SCR 750, the Supreme Court of Canada defined the boundaries of judicial review on the basis of a public/private distinction. This decision attracted criticism, notably for its ambiguity with regard to the review of institutions at the margins of the public sector. This article reviews the impact of Wall in the three years since the Supreme Court of Canada issued its decision. It shows that some criticisms of the decision were warranted. It also shows that lower courts have overcome some of the difficulties of Wall by relying on the multi-factor test set out by the Federal Court of Appeal in Air Canada v Toronto Port Authority et al, 2011 FCA 347. Nevertheless, Wall’s imposition of a strict public/private distinction at times appears to be in tension with its stated purpose of ensuring that judicial review responds to rule of law concerns.
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot 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.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.003 | 0.001 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.001 | 0.001 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
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.
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 teacher head, 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".