Blaming the victim: Canadian law, causation, and residential schools
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.
Bibliographic record
Abstract
This article critically examines requirements that Aboriginal people demonstrate a causal relation between attendance at residential schools and present harms in tort claims and at sentencing. It suggests that causation requirements have a deep hold on Canadian law but that they can blame victims and discount the broader legacy of the schools. The first part examines so-called ‘crumbling skull’ arguments made by defendants in tort actions that Aboriginal plaintiffs would have suffered various harms even if they did not attend residential schools. The second part examines the refusal to award damages to Aboriginal plaintiffs for lost earnings while in prison. The final part examines how criminal courts have often required Aboriginal accused to establish a causal relation between crimes and residential schools, especially in intergenerational cases. This has continued even after the Supreme Court clearly indicated in the 2012 case of Ipeelee that judges should take notice of the broader legacy of residential schools as a background factor in sentencing.
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Full frame distilled prediction
Teacher imitationNot 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.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.003 | 0.000 |
| Scholarly communication | 0.000 | 0.001 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.001 | 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 it