Culturally Modified Trees, Indian Reserves and the Crown's Fiduciary Obligations
Bibliographic record
Abstract
The Supreme Court of Canada delivered three decisions in 2002 involving the Aboriginal peoples of Canada. None of these decisions dealt directly with Aboriginal or treaty rights. They were concerned instead with provincial authority in relation to Aboriginal cultural property, creation of and entitlement to Indian reserves, and the Crown's fiduciary obligations. I will begin by providing a brief description of the cases. Kitkatla Band v. British Columbia (Minister of Small Business, Tourism and Culture) involved a constitutional challenge to the applicability of the British Columbia Heritage Conservation Act to cultural objects - specifically, culturally modified trees - that were claimed by the Kitkatla First Nation to be part of their heritage. The Kitkatla argued that the provincial statute could not authorize the alteration or destruction of these trees, as protection of them fell within exclusive federal jurisdiction over "Indians, and Lands reserved for the Indians." The Supreme Court disagreed, for reasons discussed in this paper. The other two cases involved reserve lands. Ross River Dena Council Band v. Canada' arose from a disagreement between the Ross River First Nation and the Canadian government over whether lands in the Yukon set aside for the use of that First Nation constituted a reserve within the meaning of the Indian Act. Wewaykum Indian Band v. Canada involved a dispute between two Indian bands belonging to the same First Nation over their respective entitlements to two reserves on Vancouver Island. These cases provide considerable clarification of the law respecting the creation of Indian reserves and the Crown's fiduciary obligations in that regard.
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.
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 | 0.003 | 0.006 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.002 |
| Science and technology studies | 0.023 | 0.025 |
| Scholarly communication | 0.013 | 0.002 |
| Open science | 0.003 | 0.005 |
| Research integrity | 0.006 | 0.010 |
| Insufficient payload (model declined to judge) | 0.004 | 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".