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TSILHQOT'IN NATION v. BRITISH COLUMBIA

2011· article· en· W1994861759 on OpenAlex

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.
aboutThe title or abstract carries a Canadian signal from the geographic lexicon.

Bibliographic record

VenueSurvey Review · 2011
Typearticle
Languageen
FieldSocial Sciences
TopicMulticultural Socio-Legal Studies
Canadian institutionsUniversity of Calgary
FundersGazi Üniversitesi
KeywordsStatutory lawJurisprudenceLawCommon lawOrder (exchange)Political scienceHigh CourtFoundation (evidence)SociologyEconomics

Abstract

fetched live from OpenAlex

The Tsilhqot'in case is the most recent Canadian case to contribute significantly to the jurisprudence concerning first peoples land rights. Explicit constitutional protection of Aboriginal land rights has existed in Canada since 1982. Without statutory guidance, particularly vexing issues with which the courts are grappling are firstly the concept of Aboriginal title and secondly evidentiary standards to prove such title that are both equitable and acceptable to the courts. This in turn has led the courts to reject some occidental land law concepts and embrace a sui generis approach to Aboriginal land rights and an approach to the law of evidence appropriate to Aboriginal tenure systems. To date a First Nation is yet to successfully claim Aboriginal title in Canada, and the Tsilhqot'in too were unsuccessful on first instance. However, the Tsilhqot'in judgment imparts a practical foundation for the judicial consideration of oral history and oral tradition evidence. Additionally, while the decision is not binding on cases that follow, the decision provides an indication of areas in which a claim for Aboriginal title might be successful. Moreover, whereas the idea of boundaries is a Eurocentric principle and the Tsilhqot'in have had to conform to those common law principles in order to simply make a claim; traditionally, the Tsilhqot'in society did not have any 'metes and bounds' boundaries but instead recognized something along the lines of social boundaries.

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)0.003
metaresearch head score (Gemma)0.002
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesInsufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Observational · Consensus signal: Observational
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.397
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0030.002
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0020.000

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 head0.174
GPT teacher head0.351
Teacher spread0.177 · 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