A Corner Turned: Supreme Court of Canada Decisions of the Year Past
Bibliographic record
Abstract
This year, the Supreme Court of Canada handed down two significant decisions, R. v. Marshall; R. v. Bernard (and its Nova Scotia counterpart, R. v. Stephen Marshall), and Mikisew Cree First Nation v. Canada (Minister of Canadian Heritage). Superficially read, these cases seem to represent a complete turnabout — in one case the Court adopts a very restrictive posture towards the protection of Aboriginal rights, and in the next, seems to adopt the opposite. Upon a more thoughtful read, when taken together, the cases suggest a more cohesive approach, and indicate where the Supreme Court is heading in the area of assertion and protection of Aboriginal rights. The purpose of this paper is to examine the two cases with a view to extracting their themes, and then joining these themes together in the articulation of a cohesive theory that will reveal the direction the Court will likely go in future Aboriginal rights cases. The paper will start with a brief review of the facts, findings of law, and conclusion as to the underlying approach of each case seriatum. It will conclude by comparing each of these seemingly inconsistent
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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 | 0.004 | 0.012 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.002 | 0.003 |
| Science and technology studies | 0.030 | 0.010 |
| Scholarly communication | 0.013 | 0.003 |
| Open science | 0.002 | 0.002 |
| Research integrity | 0.009 | 0.011 |
| Insufficient payload (model declined to judge) | 0.005 | 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".