Freedom of Expression and Location: Are There Constitutional Dead Zones?
Bibliographic record
Abstract
Does the guarantee of freedom of expression in section 2(b) of the Charter cover all locations without exception, or do some fall beyond its scope? the Supreme Court of Canada first dealt with this issue in the Commonwealth case in 1991, where it split into three distinct camps, each supporting a different approach. This split remained unresolved until the Montréal case in 2005, where the Court held that certain places — such as private government offices — are categorically excluded from section 2(b) because of their historical or actual function. However, the Court advanced this view only tentatively, in an explicit obiter dictum that played no role in the decision. In the recent Vancouver case of 2009, the Supreme Court has thrown caution to the winds and formally endorsed the Montréal approach. I believe the Court has taken a wrong turn on this point, one that leads down a blind alley. In this article I attempt to explain why and to suggest a solution.
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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 | 0.009 | 0.015 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.001 | 0.002 |
| Science and technology studies | 0.007 | 0.066 |
| Scholarly communication | 0.017 | 0.021 |
| Open science | 0.004 | 0.009 |
| Research integrity | 0.009 | 0.011 |
| Insufficient payload (model declined to judge) | 0.009 | 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 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".