Criminalising Child Pornography—A Canadian Study in Freedom of Expression and Charter-Led Judicial Review of Legislative Policy-Making
Bibliographic record
Abstract
The ease with which sexually explicit computer images of children can be created, disseminated and downloaded in the digital era has given renewed impetus to the efforts of national governments and supranational organisations to protect minors from the harms associated with child pornography. One common strategy has been to criminalise the mere possession of such material. In Canada, a recent constitutional challenge to the validity of penal restrictions has required the Supreme Court to consider the boundary between protected expressive activity and the welfare interests of children. In what follows, the legitimacy of this judicial intervention in an admittedly complex area of social policy is queried. In particular, it is suggested that the court may have failed to evaluate the true value of the expression interests at stake in child pornography in the face of the legislature's attempt to advance other significant Charter values.
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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 | 0.018 | 0.061 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.006 | 0.014 |
| Science and technology studies | 0.052 | 0.027 |
| Scholarly communication | 0.014 | 0.005 |
| Open science | 0.005 | 0.004 |
| Research integrity | 0.005 | 0.008 |
| Insufficient payload (model declined to judge) | 0.003 | 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".