IMPAIRED EXCLUSION: EXPLORING THE POSSIBILITY OF A NEW BRIGHT LINE RULE OF GOOD FAITH IN IMPAIRED DRIVING OFFENCES
Bibliographic record
Abstract
The success of a defendant’s application to have inculpatory evidence excluded under s. 24(2) of the Canadian Charter of Rights and Freedoms (“Charter”)1 can easily be characterized as one of the most determinative events in the outcome of a criminal trial. In light of the fact that most successful applications eliminate the Crown’s ability to sustain a prosecution, the exclusion of evidence may be the most formidable means of upholding Charter rights within the criminal justice system. In the absence of a meaningful test with which to exclude evidence, the breach of a defendant’s Charter rights becomes a breach without any other means of recourse. At the same time, imposing a test that weighs too heavily in favour of exclusion can give rise to negative perceptions of the administration of justice. It is for these reasons that s. 24(2) balances the importance of Charter rights against the repute of the administration of justice.
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 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 | 0.013 | 0.039 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.001 |
| Science and technology studies | 0.004 | 0.033 |
| Scholarly communication | 0.009 | 0.009 |
| Open science | 0.003 | 0.004 |
| Research integrity | 0.006 | 0.007 |
| Insufficient payload (model declined to judge) | 0.005 | 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 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".