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Record W1920161452 · doi:10.60082/2563-8505.1230

The Charter Balance against Unscrupulous Law and Order Politics

2012· article· en· W1920161452 on OpenAlexaffabout
Don Stuart

Bibliographic record

VenueSupreme Court law review · 2012
Typearticle
Languageen
FieldSocial Sciences
TopicCriminal Law and Evidence
Canadian institutionsQueen's University
Fundersnot available
KeywordsCharterLawPoliticsPolitical scienceRedressImprisonment

Abstract

fetched live from OpenAlex

Part I of this paper documents the unscrupulous politics of the majority Harper Government in enacting Bill C-10, the Safe Streets and Communities Act, in the name of victims’ rights. The Government ignored the legion of advice from opposition members and from lawyers, correctional officials, criminologists and judges within and outside Canada that resort to greater use of imprisonment, and minimum penalties in particular, will be costly and will not make Canadians safer. Opponents also predicted that there would be a disproportionate impact on vulnerable communities. In Part II it is argued that entrenched Charter standards as asserted by our courts have often produced a better balance between the rights of accused and the need to protect the public. Four examples are considered. It is suggested that our judiciary has put in place salutary principles of fundamental justice established under section 7, the powerful stay remedy for trials with unreasonable delay under section 11(b), carefully limited standards for policing and the now robust remedy of exclusion of evidence obtained in violation of Charter rights under section 24(2). Part III concludes with five suggestions for change to better protect the rights of accused: (1) section 24(2) approaches to discoverability and good faith; (2) care should be taken not to create enforceable Charter rights for victims, with special reference to current imbalances in sexual assault trials; (3) rights to counsel should not be dependent on whether they are asserted; (4) rights of accused allowing for coercive interrogations should be reconsidered and strengthened; and (5) the cruel and unusual protection under section 12 should be revitalized to strike down disproportionate minimum penalties.

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)0.032
metaresearch head score (Gemma)0.045
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 score0.032
Threshold uncertainty score0.169

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0320.045
Meta-epidemiology (narrow)0.0000.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0020.002
Science and technology studies0.0130.066
Scholarly communication0.0280.017
Open science0.0020.007
Research integrity0.0130.017
Insufficient payload (model declined to judge)0.0050.001

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 head0.335
Teacher spread0.294 · 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
Published2012
Admission routes2
Has abstractyes

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