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Record W1798478995 · doi:10.60082/2563-8505.1114

Investigative Detention: A Search/Seizure by Any Other Name?

2008· article· en· W1798478995 on OpenAlexaboutno aff
Casey Hill

Bibliographic record

VenueSupreme Court law review · 2008
Typearticle
Languageen
FieldSocial Sciences
TopicCriminal Law and Evidence
Canadian institutionsnot available
Fundersnot available
KeywordsSearch and seizureCharterConstitutionLawStatutory lawPolitical scienceSupreme courtDutyGovernment (linguistics)

Abstract

fetched live from OpenAlex

In the early years of the Charter, the Supreme Court of Canada pledged to interpret the section 8 right to be secure against unreasonable search or seizure restrictively — the Constitution “does not itself confer any powers, even of ‘reasonable’ search and seizure, on … governments” (Hunter v. Southam (1984)). Two decades later, without government advancing statutory authority, the Court recognized, in effect created, an investigative detention power as an integral and necessary aspect of street policing and exception to the arbitrary detention protection of section 9 of the Charter (R. v. Mann (2004)). This police-initiated detention, effectively a warrantless seizure of the person, in turn raises issues of search of the detainee, questioning of the detainee on occasion amounting to a search, and the exercise of incidental powers raising section 8 Charter issues. The investigative detention power, immersed in a matrix of search and seizure issues, but currently analyzed exclusively in section 9 Charter language, might more purposively be measured for compliance with constitutional principles through section 8 analysis with the onus upon government to justify circumstances of warrantless detention/seizure of the pedestrian or driver. With the low visibility of investigative detention, the absence of effective administrative review of its exercise, and its disproportionate impact on the young, the poor and visible minorities, the courts, in the absence of Parliamentary action, must discharge their duty to bring greater clarity, if not accountability, into the process.

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 imitation

Not 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.

metaresearch head score (Codex)0.004
metaresearch head score (Gemma)0.017
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.023
Threshold uncertainty score0.045

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0040.017
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.000
Bibliometrics0.0010.001
Science and technology studies0.0050.020
Scholarly communication0.0090.009
Open science0.0010.004
Research integrity0.0050.007
Insufficient payload (model declined to judge)0.0040.002

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 head0.110
GPT teacher head0.354
Teacher spread0.244 · 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 source (direct Gemma or distilled Codex), 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

Citations0
Published2008
Admission routes1
Has abstractyes

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