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Record W7027674835

In Defence of the Due Diligence Defence: A Look at Strict Liability as Sault Ste. Marie Turns Forty in the Age of Administrative Monetary Penalties

2018· dissertation· en· W7027674835 on OpenAlexaboutno aff

Bibliographic record

VenueTSpace (University of Toronto) · 2018
Typedissertation
Languageen
FieldEnvironmental Science
TopicFish Ecology and Management Studies
Canadian institutionsnot available
Fundersnot available
KeywordsDue diligenceLiabilityPresumptionHarmDiligenceStatuteStatutory lawSupreme courtStrict liability
DOInot available

Abstract

fetched live from OpenAlex

The author looks back at the Supreme Court of Canada’s creation of a presumption that public welfare offences are strict liability offences affording defendants the opportunity to make out a due diligence defence. It is argued that the availability of this defence is receding in the face of a resurgence of absolute liability by means of administrative monetary penalties, which are increasingly being used by regulators to enforce compliance with regulatory requirements. While there is some support for the availability of the due diligence defence in the face of a potential administrative monetary penalty, the courts remain divided and numerous statutes expressly exclude it. It is argued that this ignores the important function that strict liability offences have served in encouraging corporate social responsibility through the development of compliance programs with the dual purpose of preventing harm and being able to demonstrate the taking of all reasonable care.

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)0.011
metaresearch head score (Gemma)0.017
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: none
Teacher disagreement score0.796
Threshold uncertainty score0.405

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0110.017
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0010.002
Science and technology studies0.0250.053
Scholarly communication0.0210.013
Open science0.0020.005
Research integrity0.0320.032
Insufficient payload (model declined to judge)0.0040.001

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.

Opus teacher head0.016
GPT teacher head0.251
Teacher spread0.235 · 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 designNot applicable
Domainnot available
GenreOther

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

Citations0
Published2018
Admission routes1
Has abstractyes

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