Back to Basics: A Critical Look at the Irwin Toy Framework for Freedom of Expression
Why this work is in the frame
A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.
Bibliographic record
Abstract
The author argues that the analytical framework that the Supreme Court of Canada developed in 1989 in Irwin Toy Ltd v Quebec to resolve freedom of expression cases under s 2(b) of the Charter, and that the Court still uses today, is seriously flawed. He focuses on the two main elements of that framework-the exceedingly broad understanding of freedom of expression on which it is based and the complex set of rules it prescribes for finding an infringement on freedom of expression. His concerns in relation to those elements are that: (1) the meaning the Court has given to freedom of expression for the purposes of s 2(b) lacks a solid justificatory basis, ignores general interpretive principles the Court has adopted in relation to the Charter, encourages pointless and wasteful litigation, and fails to appreciate the symbolic function that an instrument like the Charter performs; and (2) the road-map the Court prescribes for determining whether or not governmental action infringes on freedom of expression is inconsistent with the Court's own prior jurisprudence on this feature of Charter analysis, lacks logical coherence, misapplies a feature of American free speech jurisprudence of questionable merit, and is incomplete.
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Full frame distilled prediction
Teacher imitationNot 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.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.002 | 0.001 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.001 | 0.000 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.001 |
| Insufficient payload (model declined to judge) | 0.002 | 0.000 |
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.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it