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Record W2953775367 · doi:10.11575/prism/33916

The Contours of what is Criminal

2005· article· en· W2953775367 on OpenAlexaboutno aff
Peter Bowal, Benjamin Lau

Bibliographic record

VenuePRISM (University of Calgary) · 2005
Typearticle
Languageen
FieldEnvironmental Science
TopicWildlife Conservation and Criminology Analyses
Canadian institutionsnot available
Fundersnot available
KeywordsComputer science

Abstract

fetched live from OpenAlex

This definition would appear to enable Parliament to expand its jurisdiction indefinitely by framing its legislation as a formal prohibition accompanied by a penalty. In the Margarine Reference (1948), the Supreme Court of Canada said that, in addition to a prohibition and penal sanction, criminal legislation must "serve a public purpose which can support it as being in relation to criminal law." Public purposes include "public peace, order, security, health, morality . . . these are the ordinary though not exclusive ends served by the law." The Margarine Reference case also established that criminal law must contemplate conduct harmful to an individual or to the public. In establishing the relation between harm and the criminal law, Justice Rand stated, In RJR-MacDonald Inc. v. Canada (Attorney-General), 1995, federal legislation banning cigarette advertisements was challenged as ultra vires Parliament's criminal law jurisdiction. The Supreme Court invoked the Margarine Reference test to determine the constitutional validity of the legislation. Did the prohibition "serve some legitimate public purpose" and prevent harm? The Court ruled seven to two in favour of constitutionality. Justice La Forest said the "public evil" was "the detrimental effects caused by tobacco consumption" and the fact that "tobacco kills". The legitimate public purpose was protection of Canadians from a harmful drug. In R. v. Hydro-Quebec, 1997, the Supreme Court considered whether the regulatory nature of the Canadian Environmental Protection Act was criminal. In a five to four decision, the Court upheld the legislation which was intended to safeguard the public against the "public evil" of pollution. For something to be a crime, it must risk harming an individual or the public. In the years following, this reasoning was affirmed in R. v. Cuerrier, 1998, where Justice Cory held that there was "no prerequisite that any harm must actually have resulted." A "significant risk" of harm suffices for an act to be criminal.

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 distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesInsufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Other design · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.916
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0020.000

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 head0.018
GPT teacher head0.217
Teacher spread0.199 · 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 teacher head, not a consensus.

Study designOther design
Domainnot available
GenreEmpirical

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

Citations1
Published2005
Admission routes1
Has abstractyes

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