Terrorism Prosecutions in Canada: Elucidating the Elements of the Offences
Bibliographic record
Abstract
In this paper, we draw on an extensive databank of cases to date with a view to explaining how Canadian courts have defined the predicates of “terrorist activity” and “terrorist group”, as well as how courts have given meaning to the “impossible to prove” elements of the terrorism offences found in Part II.1 of the Criminal Code of Canada. The result is the first comprehensive survey of the essential elements (actus reus and mens rea) of the Criminal Code terrorism offences as they have been interpreted to date by Canadian courts. It is the authors’ hope that the product will be particularly beneficial for prosecutors, defence lawyers, judges and journalists seeking a consolidated overview of how the courts have treated the various terrorism offences, what issues have been determinatively resolved and are not worth re-litigating, and what legal issues remain open for future consideration.
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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 | 0.002 | 0.018 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.019 | 0.027 |
| Science and technology studies | 0.011 | 0.004 |
| Scholarly communication | 0.007 | 0.002 |
| Open science | 0.002 | 0.003 |
| Research integrity | 0.001 | 0.002 |
| Insufficient payload (model declined to judge) | 0.003 | 0.000 |
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.
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".