A Kindler, Gentler Supreme Court?: The Case of Burns and the Need For a Principled Approach To Overruling
Bibliographic record
Abstract
Almost 20 years ago, in R. v. Hape, the Supreme Court held that Canadian police investigations can proceed unfettered by constitutional constraints, so long as they take place outside of Canada. The Court recently had the opportunity to revisit this position in R. v. McGregor, but declined to clarify Hape, let alone revisit it. This paper argues that this was a missed opportunity. Hape rests on the flawed premise that the extraterritorial application of the Charter would interfere with other nations’ sovereignty. The three exceptions to Hape’s general rule of non-extraterritorial application are either illusory or in tension with that premise. So is the reasoning in McGregor itself, which engages in the very analysis that Hape’s rationale should preclude. These considerations suggest that Hape should be reconsidered at the earliest opportunity.
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.004 | 0.001 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.001 | 0.001 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 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 teacher head, 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".