Judicial Conceptions of Tradition in Canadian Aboriginal Rights Law
Bibliographic record
Abstract
The concept of tradition has, historically, played a significant role in the anthropological understanding of indigenous peoples. Since the 1970s, it has also played a fundamental role in the judicial determination of aboriginal rights claims in Canada and other Anglophonic common law countries, such as Australia and the United States. In order for indigenous practices to be recognised and protected by these legal systems, those practices must be proved to be traditional. This paper offers a lawyer's analysis of the ways in which Canadian judges have interpreted and used the concept of tradition in aboriginal rights claims. It is hoped that this analysis will provide anthropologists with a greater insight into the thought and practice of an institution with which they are increasingly in contact, and stimulate them to engage critically with that institution in relation to the interpretation and use of such concepts as tradition.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot 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.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.005 | 0.010 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.003 | 0.003 |
| Science and technology studies | 0.020 | 0.041 |
| Scholarly communication | 0.012 | 0.004 |
| Open science | 0.002 | 0.003 |
| Research integrity | 0.003 | 0.004 |
| Insufficient payload (model declined to judge) | 0.003 | 0.000 |
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.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
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".