MétaCan
Menu
Back to cohort
Record W1894175811

Making Sense of Aboriginal and Treaty Rights

2000· article· en· W1894175811 on OpenAlexaffabout
Brian Slattery

Bibliographic record

Venuenot available
Typearticle
Languageen
FieldSocial Sciences
TopicMulticultural Socio-Legal Studies
Canadian institutionsYork University
Fundersnot available
KeywordsDoctrineLawTreatyFundamental rightsPolitical scienceIndigenousConstitutionFiduciaryCommon lawSupreme courtHuman rightsLaw and economicsSociologyDuty
DOInot available

Abstract

fetched live from OpenAlex

This paper proposes a basic framework for understanding the decisions of the Supreme Court of Canada relating to aboriginal and treaty rights. It argues that the foundations of these rights lie in the common law doctrine of aboriginal rights, which originated in ancient custom generated by historical relations between the Crown and indigenous peoples, as informed by basic principles of justice. This sui generis doctrine is par t of the common law of Canada and operates uniformly across the country, it also provides the context for interpreting section 35(1) of the Constitution Act, 1982. The doctrine of aboriginal rights has a number of distinct branches. One branch governs treaties between indigenous peoples and the Crown, and determines their basic status, existence, interpretation and effects. Another branch deals with the various types of aboriginal rights, including aboriginal title and the right of self-government. Here, the doctrine distinguishes between generic and specific rights, exclusive and non-exclusive rights, and depletable and non-depletable rights. Still other branches of the doctrine articulate the principles governing the operation of aboriginal customary l aw and the fiduciary role of the Crown.

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)0.010
metaresearch head score (Gemma)0.012
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: Empirical · Consensus signal: none
Teacher disagreement score0.497
Threshold uncertainty score0.988

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0100.012
Meta-epidemiology (narrow)0.0010.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0020.003
Science and technology studies0.0130.054
Scholarly communication0.0140.009
Open science0.0030.010
Research integrity0.0050.006
Insufficient payload (model declined to judge)0.0070.001

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 head0.031
GPT teacher head0.361
Teacher spread0.330 · 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
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

Citations23
Published2000
Admission routes2
Has abstractyes

Explore more

Same topicMulticultural Socio-Legal StudiesFrench-language works237,207