Une conceptualisation novatrice de la diffamation en droit privé à la lueur de la charte des droits et libertés de la personne et du code civil du Québec
Bibliographic record
Abstract
Interference with the individual’s right to honour and reputation can give rise to two separate remedies, which overlap each other, or even coincide. On the one hand, the Charter of human rights and freedoms punishes defamation and entitles the victim to obtain cessation of the infringement and reparation of the resulting harm, based on section 49. Meanwhile, defamation incurs the civil liability of the offender under Article 1457 of the Civil Code of Quebec if the triumvirate of “fault, injury and a causal connection” can be proven. This fundamental critical reflection on the concept of defamation in private law is useful for proposing an innovative reading of its constituent factors and providing a coherent legal framework that supports and articulates it rationally. In the first part, the author proposes a continuum that runs from “harm to reputation,” to “unlawful harm to reputation,” to “wrongful harm to reputation.” Only the latter two involve the law and correspond to a civil defamation case – interference that is illegal, not merely blameworthy. In the second part, the author surveys the practical impact of (re)conceptualizing civil defamation using as an illustration the 2011 Supreme Court decision in Bou Malhab, which addresses the specific conditions for a civil defamation remedy and for collective injury, that is to say, the injury that the members of a group claim to have suffered as a result of racist comments.
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 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 | 0.002 | 0.003 |
| Meta-epidemiology (narrow) | 0.001 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.003 | 0.003 |
| Science and technology studies | 0.010 | 0.040 |
| Scholarly communication | 0.013 | 0.007 |
| Open science | 0.002 | 0.002 |
| Research integrity | 0.008 | 0.007 |
| Insufficient payload (model declined to judge) | 0.007 | 0.001 |
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.
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".