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Record W3159747714 · doi:10.1163/22134514-bja10017

Freedom of Thought in Canada: The History of a Forgetting and the Potential of a Remembering

2021· article· en· W3159747714 on OpenAlexaffabout
Dwight Newman

Bibliographic record

VenueEuropean Journal of Comparative Law and Governance · 2021
Typearticle
Languageen
FieldSocial Sciences
TopicCriminal Law and Evidence
Canadian institutionsUniversity of Saskatchewan
Fundersnot available
KeywordsJurisprudenceCharterPhenomenonFreedom of thoughtLawHuman rightsScholarshipPolitical scienceForgettingFreedom of the pressFreedom of associationSociologyLaw and economicsEpistemologyPhilosophyPolitics

Abstract

fetched live from OpenAlex

Abstract Canada has a constitutional freedom of thought clause that has received almost no attention. This article considers reasons behind this phenomenon and the future potential of the clause. Unlike many constitutional rights and freedoms in Canada, constitutionalised freedom of thought did not have precedents in prior Canadian human rights instruments. Rather, its precedents are in international human rights instruments, with Canadian drafters choosing to adopt this freedom into Canada’s 1982 Charter of Rights and Freedoms. For a complex set of reasons, almost no Canadian case law has developed on freedom of thought. This article explains that phenomenon in terms of path dependence and problematic features of Canadian jurisprudence and scholarship. It argues that some recent cases offer new hope for development of freedom of thought jurisprudence. It argues that comparative constitutional conversations and emerging contemporary challenges may be significant in the development of Canada’s constitutional freedom of thought guarantee.

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 imitation

Not 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.

metaresearch head score (Codex)0.008
metaresearch head score (Gemma)0.021
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Qualitative · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.160
Threshold uncertainty score0.974

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0080.021
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0030.005
Science and technology studies0.0300.064
Scholarly communication0.0160.005
Open science0.0030.006
Research integrity0.0040.008
Insufficient payload (model declined to judge)0.0130.000

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 head0.030
GPT teacher head0.254
Teacher spread0.224 · 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 source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designQualitative
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

Citations6
Published2021
Admission routes2
Has abstractyes

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Same venueEuropean Journal of Comparative Law and GovernanceSame topicCriminal Law and EvidenceFrench-language works237,207