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Record W1875271486 · doi:10.60082/2563-8505.1272

Reconciling Rights: The Whatcott Case as Missed Opportunity

2013· article· en· W1875271486 on OpenAlexaboutno aff
Cara Faith Zwibel

Bibliographic record

VenueSupreme Court law review · 2013
Typearticle
Languageen
FieldComputer Science
TopicHate Speech and Cyberbullying Detection
Canadian institutionsnot available
Fundersnot available
KeywordsSupreme courtLawCharterHatredJurisprudenceHuman rightsPolitical scienceFundamental rightsConstitutional rightCommissionExpression (computer science)Sociology

Abstract

fetched live from OpenAlex

The Supreme Court of Canada’s decision in Saskatchewan (Human Rights Commission) v. Whatcott was an opportunity for the Court to delve into a number of difficult and sometimes conflicting issues. This paper argues that the Court missed an important and rare opportunity to attempt to reconcile freedom of expression and the right to equality by giving only superficial consideration to Canada’s history with the use of human rights bodies to address the problem of hateful expression. The experience, jurisprudence and academic commentary in this area all suggested a need to revisit the approach the Court took to hate speech provisions in the early days of the Charter. Nevertheless, the Court opted not to engage in an in-depth analysis of the issues. It is also argued that the Court’s constitutional reasoning fell short in terms of assessing concerns about the subjective nature of the notion of “hatred”, addressing the connection between the definition of hate speech and the goal of eradicating discrimination, and the question of the level of evidentiary support required to justify a violation of freedom of expression.

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)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesInsufficient payload (model declined to judge)
Consensus categoriesInsufficient payload (model declined to judge)
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.809
Threshold uncertainty score1.000

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 studies0.0010.000
Scholarly communication0.0000.001
Open science0.0010.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0010.002

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 head0.041
GPT teacher head0.268
Teacher spread0.227 · 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; both teacher heads agree on what is shown here.

Study designNot applicable
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

Citations2
Published2013
Admission routes1
Has abstractyes

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