"Extinguishment of Aboriginal Title in Canada: Treaties, Legislation, and Judicial Discretion"
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
Canadian courts have held that Aboriginal title is extinguishable consensually by means of a treaty with the Aboriginal nation concerned. Legislative extinguishment was also possible prior to recognition of Aboriginal title in the Constitution of Canada in 1982. These methods of extinguishment are discussed in Parts 1 and 2 of this article. It is suggested that extinguishment by treaty could occur only if that were permissible by the law of the Aboriginal nation. Extinguishment by legislation would have depended on the legislative body having the constitutional authority to extinguish the title. In addition, the legislative intention to extinguish would have had to be clear and plain. Finally, Part 3 of the article discusses the recent emergence in the Ontario Court of Appeal's decision in the Chippewas of Sarnia case of what appears to be a third method of extinguishment of Aboriginal title, namely extinguishment through the exercise of judicial discretion. This aspect of the Court of Appeals decision is criticized as a disturbing departure from established judicial precedent and legal principle.
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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 | 0.000 | 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 | 0.000 | 0.000 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.012 | 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