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Record W1600112519

Terrorism Offences and the Charter: A Comment on R. v. Khawaja

2007· article· en· W1600112519 on OpenAlexaffabout
Kent Roach

Bibliographic record

VenueSSRN Electronic Journal · 2007
Typearticle
Languageen
FieldSocial Sciences
TopicCriminal Law and Evidence
Canadian institutionsUniversity of Toronto
Fundersnot available
KeywordsTerrorismPoliticsCharterLawPolitical scienceConstitutionCriminologyPsychology
DOInot available

Abstract

fetched live from OpenAlex

The decision by justice Rutherford of the Ontario Superior Court in R. v. Khawaja is examined with respect to its ruling that the new terrorism offences first enacted in 2001 are not vague and overbroad and are consistent with Charter standards of fault, but that the requirement for proof of religious or political motive constitutes an unjustified violation of section 2 of the Charter and should be severed from the remaining definition of terrorist activities. The author suggests that the decision should be read as affirming constitutional standards of a knowledge fault requirement for terrorism offences because of their special stigma and punishment and that the qualification of the fault requirement with respect to the facilitation of terrorism offences remains problematic. Striking down of the political and religious motive requirement may be justified both because of its potentially harmful effects on those who may share political and religious beliefs with terrorists and on its harmful effects on the accused by requiring admission of political and religious motive evidence regardless of the balance between its probative value and prejudice. The severance of the political and religious motive requirement is, however, problematic because it opens the possibility that all serious violence designed to compel persons to act could be included in the judicially revised definition of terrorist activities. A more appropriate remedy would be strike down the reference to the compulsion of persons and define terrorism as intentional violence designed to compel governments to act or to intimidate populations.

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 distilled prediction

Teacher imitation

Not 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.

metaresearch head score (Codex)0.008
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.544
Threshold uncertainty score0.811

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0080.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0010.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0000.000

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.

Opus teacher head0.017
GPT teacher head0.307
Teacher spread0.290 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

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".

Quick stats

Citations4
Published2007
Admission routes2
Has abstractyes

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