Bibliographic record
Abstract
In R. v. Jordan, the Supreme Court of Canada adopted presumptive ceilings for determining whether the right to be tried within a reasonable time is violated. In so doing, the Supreme Court eschewed any balancing of individual and societal interests at the rights stage of analysis. Unfortunately, the Supreme Court did not simultaneously reconsider its prior determination that the only remedy for unreasonable delay is a stay of proceedings. As balancing individual and societal interests is fundamental to determining whether a stay is justified, the next logical step is to shift this balancing to the remedial stage of analysis. In so doing, the accused should typically be required to prove that the harm suffered irreparably undermines fair trial interests before proceedings are stayed in response to unreasonable delay. A stay of proceedings in these circumstances, however, ought not be restricted to “non-serious” crimes. Where the harm relates to the accused’s liberty or security interests, other remedies should be granted. The Senate’s recent proposal to grant monetary rewards is feasible if supplemented with other remedies that limit the continued impact of delay on an accused’s liberty and security interests. I nevertheless maintain that using financial compensation to remedy the impact of delay on these interests ought to be approached with caution as it could encourage complacency towards delay. To counteract this incentive, stays of proceedings should remain available if the Crown uses this narrower remedial structure as a means to “buy time” to conduct prosecutions.
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 | 0.010 | 0.028 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.005 | 0.007 |
| Scholarly communication | 0.005 | 0.005 |
| Open science | 0.004 | 0.005 |
| Research integrity | 0.011 | 0.011 |
| Insufficient payload (model declined to judge) | 0.007 | 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".