Separating Minimal Impairment from Balancing: A Comment on R. v. Sharpe (B.C.C.A.
Bibliographic record
Abstract
At the center of Canadian constitutional law -- as in many other countries -- is the principle of proportionality. It is understood to include three sub-tests: rational relation, minimum impairment and balancing between the deleterious and the salutary effects of the law. In practice the courts concentrate on the second test. It is argued that in fact they often perform balancing when applying the minimal impairment test, but refrain from explicitly acknowledging it, because it appears less legitimate. The constitutional challenge in R. v. Sharpe to the child pornography legislation is used as an example to illustrate the argument.
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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 | 0.030 | 0.065 |
| Meta-epidemiology (narrow) | 0.002 | 0.002 |
| Meta-epidemiology (broad) | 0.003 | 0.004 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.012 | 0.029 |
| Scholarly communication | 0.012 | 0.012 |
| Open science | 0.010 | 0.006 |
| Research integrity | 0.105 | 0.082 |
| Insufficient payload (model declined to judge) | 0.005 | 0.003 |
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".