Thamotharem and Guideline 7 of the IRB: Rethinking the Scope of the Fettering of Discretion Doctrine
Bibliographic record
Abstract
The author examines Guideline 7 – Concerning Preparation and Conduct of a Hearing in the Refugee Protection Division of the Immigration and Refugee Board. She critiques the use of the fettering of discretion doctrine when it is applied to procedural guidelines. She argues that it is based on a false ontology about the nature of rules and guidelines. She also critiques the use of the fettering of independence doctrine when applied to procedural guidelines aimed at enhancing the expediency, rather than consistency, of decision making. Her main argument is that Guideline 7 does not impede, per se, the ability of RPD members to decide according to their own conscience and opinion.
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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 | 0.108 | 0.155 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.002 |
| Bibliometrics | 0.003 | 0.002 |
| Science and technology studies | 0.010 | 0.048 |
| Scholarly communication | 0.018 | 0.010 |
| Open science | 0.005 | 0.010 |
| Research integrity | 0.040 | 0.042 |
| Insufficient payload (model declined to judge) | 0.002 | 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".