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Record W1605145486 · doi:10.60082/2563-8505.1271

Hate Speech and the Reasonable Supreme Court of Canada

2013· article· en· W1605145486 on OpenAlex
Mark J. Freiman

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.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueSupreme Court law review · 2013
Typearticle
Languageen
FieldComputer Science
TopicHate Speech and Cyberbullying Detection
Canadian institutionsnot available
Fundersnot available
KeywordsConstitutionalitySupreme courtLawHatredHuman rightsPolitical scienceLegislationCommissionHarmFundamental rightsTribunalSociologyPolitics

Abstract

fetched live from OpenAlex

In Saskatchewan (Human Rights Commission) v. Whatcott, the Supreme Court of Canada unanimously reaffirmed the constitutionality of anti-hate human rights legislation. This paper explores the Court’s reliance on the pragmatic concept of “reasonableness” to narrow the proper scope of such legislation, in particular: when revisiting the definition of “hatred” under the Saskatchewan Human Rights Code; when conceptualizing the “harm” caused by hate speech; when considering minimal impairment under the Oakes analysis; and when articulating the standard of review applicable to human rights tribunals. The author finds that, in all but one of the above areas, the Whatcott Court’s recourse to “reasonableness” is a principled approach to hate speech and to the Court’s own role in regulating expressive freedom. However, the author argues that “reasonableness” is a troubling standard by which to review tribunal decisions on the substantive question of whether specific communications constitute hate speech; this may be one bridge to “reasonableness” too far.

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 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)0.001
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: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.812
Threshold uncertainty score0.949

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0010.000
Research integrity0.0000.000
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 head0.011
GPT teacher head0.216
Teacher spread0.204 · 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