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Record W2290328147 · doi:10.5817/cejcs2008-6-10

Aboriginal oral history evidence and Canadian law

2008· article· en· W2290328147 on OpenAlexaboutno aff
Adam Etinson

Bibliographic record

VenueThe Central European journal of Canadian studies · 2008
Typearticle
Languageen
FieldSocial Sciences
TopicLaw in Society and Culture
Canadian institutionsnot available
Fundersnot available
KeywordsOral historyLawHistoryPolitical scienceArchaeology

Abstract

fetched live from OpenAlex

The establishment of distant historical facts and the articulation of aboriginal understandings of such facts are both vital to the legal cases of First Nations that confront the Canadian government with specific land claims as well as rights claims. This has made the appearance of oral history testimony a practical necessity for aboriginal claimants. Not only does oral history contain the aboriginal understanding of the past, it also refers to distant historical events for which little or no documentary evidence exists. Such testimony, however, has brought to the fore deep anxieties on the part of the Canadian judiciary regarding the rules of evidence and the value of oral accounts of history. The Canadian judiciary has made significant efforts to be fair and open towards oral history testimony, taking into consideration the unique difficulties of proving aboriginal rights and title cases, most notably in the 1997 Supreme Court decision, Delgamuukw. However, despite such efforts, the need to stretch oral histories to the limits of their reliability, the prevalence of suspicion and distrust between Native and non-Native parties, and the textual "bias" of the Western styles of doing history have led to the undermining of oral history evidence in court. What emerges from this survey of the history of the legal reception of aboriginal oral history testimony in Canada is a sharper sense of the psychological and cultural damage that can result when folk tradition becomes an instrument of economic, legal and political interests.

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 imitation

Not 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.

metaresearch head score (Codex)0.005
metaresearch head score (Gemma)0.024
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.130
Threshold uncertainty score0.943

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0050.024
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0100.010
Science and technology studies0.0230.023
Scholarly communication0.0160.003
Open science0.0030.006
Research integrity0.0020.004
Insufficient payload (model declined to judge)0.0190.001

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.

Opus teacher head0.090
GPT teacher head0.292
Teacher spread0.203 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreEmpirical

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".

Quick stats

Citations5
Published2008
Admission routes1
Has abstractyes

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Same venueThe Central European journal of Canadian studiesSame topicLaw in Society and CultureFrench-language works237,207