Bibliographic record
Abstract
In recent times, the Supreme Court of Canada has utilized the ancillary powers doctrine as a means of expanding police powers at common law. Less apparent is the fact that the proliferation of these coercive powers has been achieved solely on the basis of the Court’s unorthodox—and, indeed radical—use of precedent. Put shortly, it is my thesis that the ancillary powers doctrine has precipitated the undemocratic expansion of both state and judicial power. The actual powers created by the Court are, in themselves, fraught with deficiencies and incapable of delivering on the twin promises of providing fairness and predictability in the law. This is due to the fact that any ad hoc judge-made power will be created retrospectively and shown to lack comprehensiveness. Correspondingly, the constitutional protections available to Canadians have waned in strength, leaving them more susceptible to governmental intrusion. In constructing this thesis, I have reviewed both the historic and contemporary case law that has forged the ancillary powers doctrine in Canada. Significantly, the emergence of this doctrine could not have occurred without Parliamentary acceptance and condonation of the Court’s actions. However, it is on the basis of the Court’s perception that Parliament has failed to close off supposed “gaps” in police powers that the Court has been willing to enter the lawmaking fray. Moreover, the Court’s actions have effectively obviated the need for government to legislate and prospectively stipulate the powers possessed by its agents. Therefore, I have situated this institutional interplay within the “theory of gaps” devised by Hans Kelsen. This model is offered as a plausible explanation for how Waterfield/Dedman became conceived in Canada and, why, it has been permitted to take root. Importantly, the Kelsenian analysis that I advance is explanatory only. It does not present a defence or justify for the proliferation of common law powers in favour of the police or judiciary. The lawmaking paradigm, as described above, has had a pernicious effect upon constitutionalism in Canada. It is for this reason, I argue that the ancillary powers doctrine holds an illegitimate place in Canadian law, and should be reversed.
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 | 0.004 | 0.030 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.000 |
| Bibliometrics | 0.005 | 0.006 |
| Science and technology studies | 0.019 | 0.005 |
| Scholarly communication | 0.008 | 0.003 |
| Open science | 0.002 | 0.004 |
| Research integrity | 0.002 | 0.003 |
| Insufficient payload (model declined to judge) | 0.005 | 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".