The Patchwork Principle against Self-Incrimination under the Charter
Why this work is in the frame
A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.
Bibliographic record
Abstract
The principle against self-incrimination refers to the idea that an individual cannot be compelled to assist in her own prosecution. In the pre-Charter era, the view prevailed that no overarching principle against self-incrimination existed in Canadian law. While certain discrete legal rules were recognized as protecting suspects against compulsory self-incrimination, these rules were not thought to reflect or constitute any independent, functional legal principle. Since the advent of the Charter, however, an overarching principle against self-incrimination has been recognized as one of the principles of fundamental justice. This constitutional principle has come to be understood as undergirding a number of pre-existing legal rules, and has also become a source of new legal protections. This paper discusses the development and justifications of the principle against self-incrimination and traces the expression of that principle through various legal doctrines. Particular attention is paid to the distinction between free choice and compulsion that separates permissible and impermissible self-incrimination. The author argues that serious inconsistencies persist in the law’s treatment of self-incrimination, and that the “patchwork” quality of the principle against self-incrimination is due, in part, to the courts’ inconsistent approach to the problem of compulsion in the self-incrimination context. The author uses undercover operations as an example of a context where the current law provides inadequate protection against self-incrimination and discusses how a more coherent approach to the problem of compulsion might vindicate the overarching principle against self-incrimination as a constitutional norm.
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.
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 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.002 | 0.000 |
| 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 | 0.001 |
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 it