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Record W2295831418

The Further Erasure of Race in Charter Cases

2016· article· en· W2295831418 on OpenAlexaffabout
David M Tanovich

Bibliographic record

VenueSSRN Electronic Journal · 2016
Typearticle
Languageen
FieldSocial Sciences
TopicCanadian Identity and History
Canadian institutionsUniversity of Windsor
Fundersnot available
KeywordsSupreme courtCharterRacial profilingAppealPolitical scienceLawJurisprudenceCriminologyRacismRelevance (law)Race (biology)SociologyGender studies
DOInot available

Abstract

fetched live from OpenAlex

Despite a very sophisticated and rich jurisprudence on racial profiling, there are very few criminal cases in Canada where the issue has been litigated. This is as true today in 2016 as it was in 2006 when I wrote this article examining cases from 2003-2006. This piece from 2006 explores why there is such litigation silence. It also develops arguments about how race and systemic racism are relevant in thinking about the meaning of detention under section 9 of the Charter and in the interpretation of behaviour that the police often believe gives rise to the necessary reasonable suspicion to conduct an investigative detention. Finally, the piece identifies the relevance of the failure of the police to collect race data on street interactions in thinking about admissibility under section 24(2) of the Charter. Postscript: In 2009, the Supreme Court of Canada dismissed an appeal in R v Grant 2009 SCC 32, one of the cases discussed in this article. While the Court recognized the relevance of minority status to the question of detention, the majority opinion did not address the issue in discussing whether or not Grant was detained. Nor did it address the broader issue of racial profiling or its relevance in thinking about whether the evidence should be excluded under section 24(2) of the Charter.

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 imitation

Not 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.

metaresearch head score (Codex)0.032
metaresearch head score (Gemma)0.081
Version: metacan-v3-hybrid-931329e0061cValidation 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: none
Teacher disagreement score0.762
Threshold uncertainty score0.472

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0320.081
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0040.003
Science and technology studies0.0140.034
Scholarly communication0.0150.010
Open science0.0030.009
Research integrity0.0080.013
Insufficient payload (model declined to judge)0.0050.001

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.

Opus teacher head0.006
GPT teacher head0.228
Teacher spread0.222 · 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 source (direct Gemma or distilled Codex), 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

Citations4
Published2016
Admission routes2
Has abstractyes

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Same venueSSRN Electronic Journal→Same topicCanadian Identity and History→French-language works237,207→