Bibliographic record
Abstract
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 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 | 0.009 | 0.014 |
| Meta-epidemiology (narrow) | 0.001 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.012 | 0.090 |
| Scholarly communication | 0.020 | 0.017 |
| Open science | 0.002 | 0.008 |
| Research integrity | 0.008 | 0.012 |
| Insufficient payload (model declined to judge) | 0.006 | 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".