Does Section 2(b) Really Make a Difference?: Part 1: Freedom of Expression, Defamation Law and the Journalist-Source Privilege
Bibliographic record
Abstract
Twice in recent years the Supreme Court of Canada has stepped away from Church of Scientology; first, WIC Radio modified the fair comment doctrine, and the n Grant v. Torstar introduced a “public interest responsible communication” defence. Both times the Court considered Charter values but failed to incorporate constitutional standards into the common law of defamation. More recently, R. v. National Post, dealing with confidential journalist sources, followed the same pattern of engaging Charter values without altering the common law to comply with Charter standards. This article argues that it is not enough for the Charter to inform the common law: The Charter will not really make a difference until the common law incorporates Charter concepts and standards into the doctrines that place limits on expressive freedom.
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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 | 0.008 | 0.015 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.005 | 0.013 |
| Scholarly communication | 0.011 | 0.007 |
| Open science | 0.002 | 0.002 |
| Research integrity | 0.015 | 0.009 |
| Insufficient payload (model declined to judge) | 0.009 | 0.002 |
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".