MétaCan
Menu
← Back to cohort
Record W238196202

The Adjudication of Historical Evidence: A Comment and and Elaboration on a Proposal by Justice Lebel

2006· article· en· W238196202 on OpenAlexaffabout
Shin Imai

Bibliographic record

VenueSSRN Electronic Journal · 2006
Typearticle
Languageen
FieldSocial Sciences
TopicIndigenous Health, Education, and Rights
Canadian institutionsYork University
Fundersnot available
KeywordsAdjudicationAppealSupreme courtConvictionPolitical scienceLawTreatyOrder (exchange)Economic JusticeLaw and economicsSociologyBusiness
DOInot available

Abstract

fetched live from OpenAlex

The appropriate forum and procedures for deciding whether Aboriginal and treaty rights exists has been troubling for courts. In the early years after the enactment of section 35, and today, in a significant number of cases, the issue was decided in criminal proceedings. Often charges were laid for hunting or fishing without a license, or out of season. Such was the case in R. v. Marshall and R. v. Bernard when the Supreme Court of Canada was required to consider an appeal of a conviction for a provincial offence related to logging. Justice LeBel mused about the appropriateness of criminal proceedings to determine matters that had wide spread consequences on people who were not parties to the proceedings. This article looks at the alternative of using civil proceedings to address these matters, and tentatively concludes that it would be feasible if supports, such as adequate funding, were put in place. However, the article raises a larger concern with the approach the Supreme Court of Canada takes on history. In this case, and in others, the Court is attempting to read history in order to make a determination on the contemporary balance between Aboriginal and non-Aboriginal access to resources. This approach necessarily distorts history and sometimes results in puzzling conclusions. The article ends by contemplating a future process that could give full recognition to historical realities in order to inform contemporary rights.

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)0.052
metaresearch head score (Gemma)0.103
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Commentary · Consensus signal: Commentary
Teacher disagreement score0.100
Threshold uncertainty score0.276

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0520.103
Meta-epidemiology (narrow)0.0020.002
Meta-epidemiology (broad)0.0030.005
Bibliometrics0.0030.004
Science and technology studies0.0300.039
Scholarly communication0.0200.015
Open science0.0120.009
Research integrity0.1000.093
Insufficient payload (model declined to judge)0.0020.001

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 head0.009
GPT teacher head0.287
Teacher spread0.278 · 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 designTheoretical or conceptual
Domainnot available
GenreCommentary

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

Citations0
Published2006
Admission routes2
Has abstractyes

Explore more

Same venueSSRN Electronic Journal→Same topicIndigenous Health, Education, and Rights→French-language works237,207→