Does Constitutional Change Matter? Canada's Recognition of Aboriginal Title
Bibliographic record
Abstract
Significant disagreement exists among scholars and practitioners as to the political, legal and social implications of constitutional change. This article evaluates the impacts of constitutional change through an empirical study of Aboriginal title litigation in Canada. Through the historical comparison of Aboriginal title claims brought before and after the constitutional incorporation of Aboriginal rights, it demonstrates how Aboriginal title doctrine and rates of litigation have changed since Aboriginal rights were incorporated into the Canadian Constitution. It suggests that these changes in Aboriginal title litigation should be understood through an evaluation of several possible explanations in addition to textual change, including the evolution of the common law, shifts in judicial personnel, and the rise of legal support networks. It concludes that while the Canadian Supreme Court and Aboriginal title claimants' heavy reliance on constitutional arguments indicates that the constitutional recognition of Aboriginal rights has influenced the development of Aboriginal title litigation since 1982, these changes are best understood as the result of sustained interactions among multiple influences.
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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 | 0.008 | 0.032 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.002 | 0.004 |
| Science and technology studies | 0.022 | 0.024 |
| Scholarly communication | 0.011 | 0.003 |
| Open science | 0.002 | 0.003 |
| Research integrity | 0.003 | 0.005 |
| Insufficient payload (model declined to judge) | 0.006 | 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".