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Record W1966850877 · doi:10.7202/042370ar

La rétroactivité d'une loi à caractère criminel

2005· article· en· W1966850877 on OpenAlexaffvenue
Antoine Manganas

Bibliographic record

VenueLes Cahiers de droit · 2005
Typearticle
Languageen
FieldSocial Sciences
TopicCriminal Law and Evidence
Canadian institutionsUniversité Laval
Fundersnot available
KeywordsLegislatorStatuteInterpretation (philosophy)DutyLawCriminal codeOrder (exchange)Political scienceCriminal lawComputer scienceLegislationBusiness

Abstract

fetched live from OpenAlex

The present study deals with two particular aspects of the problem of retrospective operation of criminal statutes. The principle of the retrospective operation of a procedural statute, as will be seen first, bears some exceptions. S. 36 of the Interpretation Act in particular prescribes that the retrospective operation of procedural enactments takes place only to the extent that the new rules of procedure may be adapted to proceedings taken before the new rules came into effect (R. v. Mustapha Ali). Yet, as will be seen subsequently, it is often very difficult to distinguish between an enactment of substantive nature and one of procedural nature in order to give a retrospective operation to the latter only. This difficulty arose particularity after the modifications of the Criminal Code concerning the offence of driving a motor vehicle with more than a specified proportion of alcohol in the blood (R. v. Johnston). After a brief discussion of those two cases, the author suggests that it is the duty of the legislator to indicate in clear terms what the retrospective operation of a new statute will be, in order to avoid many problems of interpretation.

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)0.017
metaresearch head score (Gemma)0.033
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 score0.017
Threshold uncertainty score0.090

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0170.033
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0020.001
Science and technology studies0.0050.009
Scholarly communication0.0120.006
Open science0.0020.004
Research integrity0.0040.008
Insufficient payload (model declined to judge)0.0080.002

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 head0.019
GPT teacher head0.292
Teacher spread0.273 · 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
Published2005
Admission routes2
Has abstractyes

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