Forty years after the Charter: How routine use of the notwithstanding clause is transforming minority rights in Québec
Bibliographic record
Abstract
Rights and Legality.ust over 40 years ago, in the spring of 1982, Queen Elizabeth II signed the Canada Act, patriating Canada's Constitution and entrenching the Canadian Charter of Rights and Freedoms into law.Spurred by accelerated calls for a bill of rights domestically, and by growing international concern for human rights since the Second World War, the Charter established a pan-Canadian standard of rights and freedoms, transforming the relationship of citizens to governments across the country.At the time of its adoption, and to this day, the Charter has been widely supported, even celebrated, by the Canadian public (Parkin, 2022;Weinrib, 2003).Yet its establishment was also subject to highly divisive political debates, the consequences of which continue to reverberate.This is especially evident in Québec, which-for reasons tied to the pursuit of national autonomy-never signed on to the new Constitution.Forty years after the Charter's passing, the conflicts at its centre are playing out in the actions of Québec's current Coalition avenir Québec (CAQ) government.Since being elected in 2018, this government has made a regular habit of bypassing the Charter, granting legislators more purchase over the determination of rights in the name of upholding "collective values."Understanding the means permitting-and the ends produced by-this legislative agenda is essential to grasping contemporary Québec nationalism and politics.
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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 | 0.007 | 0.011 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.029 | 0.011 |
| Scholarly communication | 0.011 | 0.004 |
| Open science | 0.002 | 0.003 |
| Research integrity | 0.006 | 0.010 |
| Insufficient payload (model declined to judge) | 0.012 | 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".