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Record W2006858158 · doi:10.1093/ijrl/eel013

The Aftermath of 11 September 2001: Liberty vs. Security before the Supreme Court of Canada

2006· article· en· W2006858158 on OpenAlexaboutno aff
Michel Coutu, Marie-Hélène Giroux

Bibliographic record

VenueInternational Journal of Refugee Law · 2006
Typearticle
Languageen
FieldSocial Sciences
TopicMilitary and Defense Studies
Canadian institutionsnot available
Fundersnot available
KeywordsTerrorismSupreme courtLawDeportationPolityHuman rightsHomeland securityPolitical sciencePoliticsState (computer science)LegislationPatriot ActConstitutionalityNational securitySociologyImmigration

Abstract

fetched live from OpenAlex

The terrorist acts of 11 September 2001 and the war on terrorism that followed have induced a pervasive sense of insecurity in Canada, as elsewhere, and brought about a shift of public policy towards a confinement of security risks in a global era. In the polity, as in the legal sphere, there has been an obvious shift of paradigm, from liberty to security. In December 2001, Canada passed an Anti-Terrorism Act. As far as human rights and freedoms are concerned, the Anti-Terrorism Act is a far cry from the draconian measures of the American Patriot Act, with its military tribunals, incommunicado confinement, preventive detention without charge, and potentially expeditious application of the death penalty. Nevertheless, the Canadian Anti-Terrorism Act remains, in nature, an emergency legislation. In particular, as will be seen here, there has been a clear change of mind, within the Supreme Court of Canada, regarding the authority of international human rights law, at least where highly sensitive security matters are involved, such as deportation of political refugees suspected of being linked with terrorist organisations. To emphasize this shift in attitude, an analytical framework, allowing us to distinguish between various types of constitutional reasoning, is needed. This heuristic device must also be sophisticated enough to single out the emergency situation from the normal state of affairs. This may not be apparent in day-to-day life, but, since 11 September, the concept of emergency, and the notion that an exceptional state of affair exists, have been a major influence on our political world.

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 categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.732
Threshold uncertainty score0.812

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 studies0.0000.000
Scholarly communication0.0000.000
Open science0.0010.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

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 head0.007
GPT teacher head0.262
Teacher spread0.255 · 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 teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
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

Citations7
Published2006
Admission routes1
Has abstractyes

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