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Record W4313362473 · doi:10.31078/consrev824

Conflict Resolution in Human Rights Cases: The Role of the Supreme Court of Canada

2022· article· en· W4313362473 on OpenAlexaffabout
Miriam Cohen, Sarah-Michèle Vincent-Wright

Bibliographic record

VenueConstitutional Review · 2022
Typearticle
Languageen
FieldSocial Sciences
TopicJudicial and Constitutional Studies
Canadian institutionsUniversité de Montréal
Fundersnot available
KeywordsHuman rightsFundamental rightsLawSupreme courtPolitical scienceInternational human rights lawCharterReservation of rightsConstitutionRight to property

Abstract

fetched live from OpenAlex

This paper examines the role of the Supreme Court of Canada (SCC) in resolving human rights conflicts and balancing individual and collective rights. With a multiple control mission, the Court must interpret the Constitution and resolve disputes over competing rights and interests, based on the principle of constitutional democracy. This paper specifically focuses on the SCC’s role in conflict resolution in human rights cases, especially in the complex legal framework of protection existing in Canada. It also addresses how the Court’s rulings may affect the protection of fundamental rights under the Canadian Charter, illustrated by some key examples from the Court’s caselaw. To this end, the first part provides a descriptive overview of the complex fabric of human rights protection in the Canadian constitutional framework. The second part discusses the SCC’s role in protecting human rights within the Canadian legal system. Ultimately, this paper underscores the fundamental role of a Supreme Court in protecting human rights in situations of multiple rights conflicts.

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 imitation

Not 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.

metaresearch head score (Codex)0.014
metaresearch head score (Gemma)0.034
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.108
Threshold uncertainty score0.783

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0140.034
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0040.004
Science and technology studies0.0230.022
Scholarly communication0.0160.005
Open science0.0020.004
Research integrity0.0060.005
Insufficient payload (model declined to judge)0.0040.000

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 head0.038
GPT teacher head0.301
Teacher spread0.262 · 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 source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
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

Citations3
Published2022
Admission routes2
Has abstractyes

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