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Record W2760474255 · doi:10.60082/2563-8505.1312

Punitive in Effect: Reflections on Canada v. Whaling

2015· article· en· W2760474255 on OpenAlexaboutno aff
Hamish Stewart

Bibliographic record

VenueSupreme Court law review · 2015
Typearticle
Languageen
FieldSocial Sciences
TopicCriminal Law and Evidence
Canadian institutionsnot available
Fundersnot available
KeywordsPunitive damagesWhalingPunishment (psychology)Supreme courtLawPolitical scienceCriminologyPsychologySocial psychologyHistory

Abstract

fetched live from OpenAlex

In Canada (Attorney General) v. Whaling, the Supreme Court of Canada held that a change in the parole regime was a form of “punishment” and that its retroactive application to offenders already serving sentences violated the constitutional right against double punishment. The court found that this change did not have a punitive purpose and held that it was punitive based solely on its effect. This is the first time that the court has characterized a consequence of offending as “punishment” based solely on the effect, rather than the purpose, of the law imposing the consequence. This case comment reflects on possible implications of Whaling for characterizing other consequences of offending, such as the victim surcharge and the registration requirement for sexual offenders.

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)0.011
metaresearch head score (Gemma)0.024
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: Commentary · Consensus signal: Commentary
Teacher disagreement score0.091
Threshold uncertainty score0.662

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0110.024
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0030.005
Science and technology studies0.0200.019
Scholarly communication0.0110.004
Open science0.0060.003
Research integrity0.0140.019
Insufficient payload (model declined to judge)0.0040.000

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.

Opus teacher head0.139
GPT teacher head0.414
Teacher spread0.274 · 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
GenreCommentary

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

Citations0
Published2015
Admission routes1
Has abstractyes

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