La clausola notwithstanding della Canadian Charter of Rights and Freedoms: da un uso modesto alla valorizzazione in alcune recenti sentenze della Corte suprema
Bibliographic record
Abstract
The article examines the notwithstanding clause, contained in Section 33 of the Canadian Charter of Rights and Freedoms, to highlight a new reading of the clause itself offered by the Supreme Court in relatively recent times. Preliminarily, after delving into its content, genesis, and rationale, the paper investigates the impact that the legislative override provision has had in the Canadian constitutional system. Then, the analysis shifts to two Supreme Court decisions, Frank v. Canada (Attorney General) and Conseil scolaire francophone de la Colombie-Britannique v. British Columbia, where the argument of the exemption from the scope of Section 33 is employed to justify a more stringent judicial review, within the framework of the general limitation clause provided by section 1 of the Charter.
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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 | 0.004 | 0.008 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.010 | 0.012 |
| Scholarly communication | 0.013 | 0.003 |
| Open science | 0.002 | 0.002 |
| Research integrity | 0.004 | 0.006 |
| 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".