La mise en oeuvre judiciaire de l'article 1 de la Charte canadienne et le droit de la preuve
Bibliographic record
Abstract
The object of this paper is to show that rules of evidence are often unworkable in s. 1 Canadian Charter cases. A survey reveals that courts tend to use these rules selectively when a party attempts to demonstrably justify a reasonable limit to a guaranteed right or freedom. A parallel is made with the Supreme Court of Canada's flexibility in admitting extrinsic material in constitutional references. American law is useful in that it establishes the key distinction between adjudicative facts and legislative facts. Rules of evidence apply only to the former category. Legislative facts correspond to facts needed for a s. 1 demonstration. It should be recognized in Canada that rules of evidence are inapplicable to such facts because of the specific purpose and importance of judicial reasoning in Charter cases.
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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 | 0.020 | 0.051 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.004 | 0.004 |
| Science and technology studies | 0.009 | 0.018 |
| Scholarly communication | 0.018 | 0.005 |
| Open science | 0.003 | 0.003 |
| Research integrity | 0.011 | 0.016 |
| Insufficient payload (model declined to judge) | 0.004 | 0.001 |
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.
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".