Bibliographic record
Abstract
This article examines the doctrine of abuse of process in Canadian criminal law in the light of two recent events, the decision of the Supreme Court of Canada in Amato c. R. and the adoption of the Canadian Charter of Rights and Freedoms. The consideration of Amato v. R. in the firts part of the article shows that the majority of judges of the Supreme Court support the existence of the doctrine of abuse of law, and their reasons for this are examined. The effects of the Charter upon such a doctrine is demonstrated in the second part. The American experience is cited, showing the interrelationship of the U.S. Constitution and the doctrine of abuse of process. This is followed by a comparative table of Canadian cases in which the procedure was halted either because of the doctrine or by virtue of the Charter, particularly s. 24(1) which permits judges to stay proceedings for reasons of infringement or denial of guaranteed rights or freedoms. The article concludes that the doctrine has not been superceded by the Charter, but rather that it plays an important role par ailed to it : the former protects the integrity of the legal process while the latter safeguards the rights of the individual.
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 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 | 0.005 | 0.011 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.003 | 0.002 |
| Science and technology studies | 0.009 | 0.035 |
| Scholarly communication | 0.011 | 0.004 |
| Open science | 0.002 | 0.005 |
| Research integrity | 0.006 | 0.009 |
| Insufficient payload (model declined to judge) | 0.005 | 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".