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Record W1898755370 · doi:10.60082/2563-8505.1086

Aboriginal Rights and the Honour of the Crown

2005· article· en· W1898755370 on OpenAlex
Brian Slattery

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

affAt least one author lists a Canadian institution in the pinned OpenAlex snapshot.

Bibliographic record

VenueSupreme Court law review · 2005
Typearticle
Languageen
FieldSocial Sciences
TopicIndigenous Health, Education, and Rights
Canadian institutionsYork University
Fundersnot available
KeywordsLawHonourSupreme courtSettlement (finance)Political scienceSociology

Abstract

fetched live from OpenAlex

When the Supreme Court first grasped the nettle of section 35 in the Sparrow case, it held that the constitutional affirmation of Aboriginal rights should be interpreted in the light of the fundamental principle of the honour of the Crown. This principle pointed simultaneously in two different but complementary directions: negotiation and litigation. With respect to the first, the Court noted that the section provided a solid constitutional base for negotiated treaties between Aboriginal peoples and the Crown that would represent a just settlement of their claims. With respect to litigation, the Court held that the section furnished Aboriginal rights with a judicial shield against legislative infringement and limitation, except where the latter could be justified under the “high standard of honourable dealing” demanded of the Crown. In the Haida Nation and Taku River decisions, we witness the emergence of a new constitutional paradigm governing Aboriginal rights. This paradigm recognizes the potential of section 35 as a generative constitutional order — one that mandates the Crown to negotiate with Aboriginal peoples for the recognition of their rights in a contemporary form that balances their needs with the interests of the broader society. Professor Slattery asserts that according to Haida Nation, the section has a dual function. On the one hand, it serves as a basis for the judicial identification and protection of historical Aboriginal rights, through the application of general constitutional principles. On the other hand, it serves as a springboard for negotiations leading to just settlements, in which Aboriginal rights are recognized in a modern form and reconciled with the interests of the larger society. In both cases, the process is informed by the honour 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.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Review · Consensus signal: none
Teacher disagreement score0.994
Threshold uncertainty score0.997

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0020.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0040.001
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

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 head0.013
GPT teacher head0.319
Teacher spread0.306 · 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