The Frank Dissent’s Novel Theory of the Charter: The Rhetoric and the Reality
Bibliographic record
Abstract
Since the early days of the Canadian Charter of Rights and Freedoms, the Supreme Court of Canada has applied a two-stage framework to determine whether legislation complies with the Charter. The first stage considers whether the legislation infringes a right or freedom. The second determines whether the infringement is demonstrably justified. In Frank v. Canada (Attorney General), the dissenting opinion of Côté and Brown JJ. rejects this framework and formulates an alternative. Their central claim is that the Charter does not justify the infringement of the rights that it elaborates. Accordingly, instead of focusing on whether an infringement is justified, courts should focus on whether the limit that shapes the “right’s outer boundaries” is justified. A limit that is justified does not infringe a right. A limit that infringes a right cannot be justified.
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 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 | 0.009 | 0.014 |
| Meta-epidemiology (narrow) | 0.001 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.001 |
| Science and technology studies | 0.010 | 0.076 |
| Scholarly communication | 0.010 | 0.010 |
| Open science | 0.002 | 0.003 |
| Research integrity | 0.011 | 0.014 |
| Insufficient payload (model declined to judge) | 0.003 | 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".