Charter, Constitutionality and the Honour of the Crown: Considering an Additional Constraint
Bibliographic record
Abstract
The provincial governments of Ontario and Quebec recently deployed section 33 of the Canadian Charter of Rights and Freedoms to curtail labour rights and religious freedoms in ways that have surprised voters and lawyers alike. Many commentators argue that section 33 was intended to be used sparingly in only the direst of circumstances. This contention does not survive a plain reading of the Constitution Act, 1982. In this paper, we explore the common law doctrine of the honour of the Crown and its potential constraint on executive power that gives texture to elected leaders’ and public officials’ relationship to the Constitution and the state. We analyze the doctrine’s development to argue that the honour of the Crown resonates with the popular sentiment shared by many: elected leaders cannot simply deploy section 33 at will. The feudal concept of honour owed to and from the Crown animates the Westminster system and Canada’s Charter of Rights and Freedoms in ways that provide legal arguments that may constrain political leaders from tyranny and overreach.
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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 | 0.005 | 0.009 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.015 | 0.037 |
| Scholarly communication | 0.010 | 0.004 |
| Open science | 0.001 | 0.003 |
| Research integrity | 0.003 | 0.005 |
| Insufficient payload (model declined to judge) | 0.003 | 0.000 |
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.
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".