Bibliographic record
Abstract
In 1991, the Supreme Court of Canada adopted a case-by-case test for whether religious communications would be considered privileged and excluded from consideration. The test is flexible in appearance and the Court instructed that it should be applied in a non-denominational way. This chapter makes three claims in considering how the law has been applied. First, there has been no reported case in which the privilege is successfully relied upon to exclude evidence, suggesting that the test is difficult, if not impossible, to meet. Second, there is at least some evidence that there are additional burdens faced by religious individuals and communities whose religious tradition is less familiar to courts. Third, the cases in which the privilege is invoked may also prompt us to think more creatively about how state law might respond to the recognition that religion can be a source of law for individuals and communities. In particular, cases involving Jehovah's Witness Judicial Committees may prompt a reconsideration of whether rights against self-incrimination should be extended to some religious contexts.
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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 | 0.007 | 0.021 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.008 | 0.010 |
| Scholarly communication | 0.005 | 0.003 |
| Open science | 0.001 | 0.004 |
| Research integrity | 0.005 | 0.006 |
| Insufficient payload (model declined to judge) | 0.009 | 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".