WARMING UP THE “CHILLING EFFECT”: A COMMENT ON THE MOTIVE CLAUSE DISCUSSIONS IN R V KHAWAJA (2010) AND R V KHAWAJA (2012)
Bibliographic record
Abstract
Following the attacks on September 11, 2001, biased surveillance and discriminatory law enforcement approaches gained momentum. In 2003, Reem Bahdi published “No Exit: Racial Profiling and Canada‟s War Against Terrorism.” She analyzed the influence that the declaration of a war against terrorism by Western nations, including Canada, was having on Arabs and Muslims. Other scholars critiqued aspects of Canada‟s anti-terrorism response, including the incorporation of a motive clause into the Criminal Code sections prohibiting terrorist offences. In R. v. Khawaja (2006), the Superior Court reviewed the constitutionality of the motive element in the definition of terrorism. It held that the motive clause facilitated the targeted law enforcement practices that Bahdi and others advocated against. This paper reports on a review of the appellate decisions, R. v. Khawaja (2010) and (2012), which held that the motive clause was consistent with the Canadian Charter of Rights and Freedoms. The appellate decisions are critiqued for their failure to adequately promote human dignity and equality in keeping with the Charter‘s spirit. As a result, the paper concludes by arguing for a return to the insights of Bahdi and others who encourage a rethinking of Canadian social policy after 9/11 to ensure commitment to human rights doctrines, particularly in regard to the racial profiling that the motive clause seemed to animate.
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 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 | 0.002 |
| Scholarly communication | 0.000 | 0.001 |
| Open science | 0.001 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 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 teacher head, 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".