Torture, Tort and Terror: The Non-Delegable Duty to Protect Nationals from Torture in the Context of Ant-Terrorism
Bibliographic record
Abstract
Even if they did not procure or otherwise contribute to the torture of nationals abroad, Canadian officials owe Canadian nationals a positive duty to prevent torture overseas. This duty is non-delegable in nature. This paper sets out the doctrinal basis for concluding that such a duty exists and emphasizes the importance of recognizing such a duty for equal citizenship guarantees.The paper is divided into several parts. Part I links the torture of several Canadian-Arab-Muslim men to the information sharing practices and other counter-terrorism strategies of Canadian national security agencies. Part II reviews the absolute prohibition on torture and argues that torture cannot be justified as a counter-terrorism strategy. Part III explains why Canadian officials owe a positive, non-delegable duty to prevent torture while Part IV reflects on the access to justice implications of the non-delegable duty to prevent torture.
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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 | 0.003 | 0.005 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.013 | 0.036 |
| Scholarly communication | 0.007 | 0.003 |
| Open science | 0.001 | 0.003 |
| Research integrity | 0.006 | 0.005 |
| 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 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".