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Record W2404780777

Confounding Concepts: The Judicial Definition of the Constitutional Protection of the Aboriginal Right to Self-Government in Canada

2009· article· en· W2404780777 on OpenAlexaboutno aff
Senwung Luk

Bibliographic record

VenueSSRN Electronic Journal · 2009
Typearticle
Languageen
FieldSocial Sciences
TopicMulticultural Socio-Legal Studies
Canadian institutionsnot available
Fundersnot available
KeywordsGovernment (linguistics)JurisdictionPolitical scienceLawTest (biology)Constitutional lawPower (physics)Corporate governanceSeparation of powersEconomicsConstitutionPhilosophyManagement
DOInot available

Abstract

fetched live from OpenAlex

The content of the constitutionally protected Aboriginal right to seIf-government in Canada is currently determined by the approach established in R. v. Pamajewon. This case applied the test for the constitutional protection of Aboriginal rights as established in R. v. Van der Peet. The test holds that only those practices, customs and traditions that are continuous with and integral to the distinctive culture of an Aboriginal community as it existed prior to European contact will attract constitutional protection.This article examines how the Van der Peet approach is difficult to apply in practice and leads to an indeterminate definition of constitutional protection for Aboriginal self-government rights. The Van der Peet test is particularly indeterminate when applied to self-government rights. Consider self-governance and law making as pre-contact practices, customs or traditions. At their most general, self-governance must have been integral to all pre-contact communities. The power-conferring rules that were customary in historic Aboriginal communities likely came with no evidence of limits to jurisdiction. Moreover, the recognition of customary rules also raises issues about whether any government infringement of the right of Aboriginal communities to set their own boundaries would be unconstitutional.The article concludes by looking briefly at the American approach to the analogous issue and how it avoids the problems with the Pamajewon approach.

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)0.013
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: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.095
Threshold uncertainty score0.690

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0050.013
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.003
Science and technology studies0.0180.023
Scholarly communication0.0110.003
Open science0.0030.003
Research integrity0.0040.006
Insufficient payload (model declined to judge)0.0020.000

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.

Opus teacher head0.011
GPT teacher head0.277
Teacher spread0.266 · 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
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

Citations3
Published2009
Admission routes1
Has abstractyes

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