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Record W1959027866 · doi:10.5663/aps.v3i3.22228

R v. Daniels: Issues of Jurisdiction, Identity, and Practical Utility

2014· article· en· W1959027866 on OpenAlexaffvenue
Catherine Bell

Bibliographic record

Venueaboriginal policy studies · 2014
Typearticle
Languageen
FieldSocial Sciences
TopicMulticultural Socio-Legal Studies
Canadian institutionsUniversity of Alberta
Fundersnot available
KeywordsJurisdictionLawPolitical scienceFederal jurisdictionLegislationGovernment (linguistics)ConstitutionConstitutional rightAppealSovereigntyPolitics

Abstract

fetched live from OpenAlex

In April 2013, the Federal Court of Appeal (FCA) confirmed in Daniels 1 that Mtis and non-status Indians are included in federal constitutional jurisdiction for "Indians and lands reserved for Indians" under s. 91(24) of the Constitution Act, 1867. 2 The decision is a victory for non-status Indians and Mtis people, because the federal government can no longer use "lack of jurisdiction" alone to deny them access to federal programs and services available to status Indians, or avoid negotiating claims derived from loss or denial of federal Indian status, Mtis Aboriginal rights, or socioeconomic needs. However, the decision does not say that Mtis and non-status Indians have the same legal rights as other Aboriginal people under federal jurisdiction, nor does it compel the federal government to enact legislation for their benefit or negotiate land or other unfulfilled constitutional obligations. These obligations have to be determined on a case-by-case basis for non-status Indians because the reasons for excluding individuals or groups from status and federal programs are "complex, far ranging and often unrelated to one another. " 3 Nevertheless, read together with other cases on Mtis constitutional rights, practical implications flowing from Daniels may include federal constitutional obligations to: (1) participate in negotiation of claims arising from credibly asserted Mtis Aboriginal rights or breaches of constitutional or other historical solemn promises to Mtis aimed at reconciling "Mtis Aboriginal interests . . . with the assertion of Crown sovereignty"; 4 and (2) extend some programs and services to them, particularly those aimed at reconciliation, such as comprehensive treaty negotiation processes.

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 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)0.001
metaresearch head score (Gemma)0.003
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.821
Threshold uncertainty score0.973

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.003
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0010.002
Scholarly communication0.0000.001
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 head0.076
GPT teacher head0.483
Teacher spread0.407 · 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 teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
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

Citations1
Published2014
Admission routes2
Has abstractyes

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