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Record W4391600235 · doi:10.60082/2563-8505.1439

A Professional Comedian’s Fundamental Right to Publicly Bully a Child Because of His Disability? Scrutinizing Ward v. Quebec Human Rights Commission Through a Disability Lens

2023· article· en· W4391600235 on OpenAlexaffabout
David Lepofsky

Bibliographic record

VenueSupreme Court law review · 2023
Typearticle
Languageen
FieldSocial Sciences
TopicCanadian Identity and History
Canadian institutionsBrock UniversityQueen's University
Fundersnot available
KeywordsSupreme courtLawHuman rightsDignityPolitical scienceCharterFundamental rightsSociology

Abstract

fetched live from OpenAlex

Ward, a well-known Quebec comedian, thought it would be funny to publicly ridicule and humiliate an adolescent with a disability known in Quebec for his singing. Quebec’s Human Rights Tribunal found that Ward violated his target’s statutory right to be free from disability discrimination in relation to the right to dignity, guaranteed by section 4 of the Quebec Charter of Human Rights and Freedoms. A five-justice majority of a sharply split Supreme Court of Canada overturned the award, leaving Ward free to repeat his bullying. Ward’s Supreme Court majority extended problematic legal protection to extreme, widely disseminated public taunting and bullying of a child with a disability. It treated Ward, a professional comedian, as deserving extra legal protection while engaging in comedy. It treated his young victim as a less protected target because he was a “public figure.” This paper explores major errors in the majority decision beyond those in the dissent. Scrutinized through a disability lens (focusing on its impact on the equality rights of people with disabilities), the Ward majority decision reflects a stunning lack of understanding of, and devaluation of, equality for people with disabilities. It rests on bogus, unsupported judge-made psychology. It employs a harmful hierarchical approach to equality rights which deprioritizes disability equality. Some of Ward’s errors are rooted in problematic principles that the Court earlier established. Others are the Ward majority’s own innovations.

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)0.007
metaresearch head score (Gemma)0.011
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: Other · Consensus signal: none
Teacher disagreement score0.066
Threshold uncertainty score0.482

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0070.011
Meta-epidemiology (narrow)0.0000.001
Meta-epidemiology (broad)0.0000.001
Bibliometrics0.0010.001
Science and technology studies0.0330.016
Scholarly communication0.0100.003
Open science0.0030.004
Research integrity0.0140.017
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 head0.044
GPT teacher head0.329
Teacher spread0.286 · 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
GenreOther

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

Citations0
Published2023
Admission routes2
Has abstractyes

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Same venueSupreme Court law reviewSame topicCanadian Identity and HistoryFrench-language works237,207