A Withering Instrumentality: The Negative Implications of R. v. Safarzadeh-Markali and other Recent Section 7 Jurisprudence
Bibliographic record
Abstract
The Supreme Court of Canada has faced a perennial problem, particularly since the advent of the Canadian Charter of Rights and Freedoms (“Charter”), in its efforts to protect the constitutional rights of individuals without unduly interfering in the domain of the legislative branch of government. A key question has been — to what extent should the courts use section 7 of the Charter to review or police Parliament’s decisions regarding laws that engage an individual’s liberty interests? Indeed, this is an issue brought to the fore in many of the Supreme Court of Canada’s recent decisions that have struck down criminal legislation. Is the Supreme Court being too interventionist in its approach, or is the Court rightly putting a check on repressive legislation?
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 | 0.017 | 0.032 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.013 | 0.035 |
| Scholarly communication | 0.010 | 0.005 |
| Open science | 0.003 | 0.003 |
| Research integrity | 0.012 | 0.019 |
| Insufficient payload (model declined to judge) | 0.004 | 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".