Bibliographic record
Abstract
The story of section 12 of the Charter of Rights and Freedoms, which protects against cruel and unusual treatment or punishment, is overwhelmingly told — by judges and scholars alike — as a tale about proportionality. This is an artefact of the prominence of one problem that Canadian courts have famously employed a muscular approach to section 12 to address: the problem of mandatory minimum sentences. Since Nur, the analytical path for evaluating the constitutionality of mandatory minimum sentences has been firmly and clearly set. In Lloyd, the Court summarized the jurisprudence: “The question, put simply, is this: In view of the fit and proportionate sentence, is the mandatory minimum sentence grossly disproportionate to the offence and its circumstances? If so, the provision violates s. 12.” In this article, we argue that this focus on comparison and proportionality as the analytic heart of cruel and unusual treatment and punishment blurs a crucial distinction within section 12, and thereby enervates the courts’ capacity to respond to the range of wrongs that the section should be able to address.
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 | 0.036 | 0.123 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.003 | 0.003 |
| Science and technology studies | 0.003 | 0.011 |
| Scholarly communication | 0.007 | 0.008 |
| Open science | 0.003 | 0.006 |
| Research integrity | 0.002 | 0.005 |
| Insufficient payload (model declined to judge) | 0.024 | 0.003 |
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".