Bibliographic record
Abstract
Canada’s constitution assigns to the provinces general power to govern the lands and resources located within their boundaries but reserves to the federal order of government the authority in relation to “Lands reserved for the Indians” Under Canadian law, the mere existence of this federal power imposes substantial restrictions on provincial authority to regulate these lands and the interests in them. How, then, is one to determine which, if any, provincial measures having to do with land have legal force on, or in application to, such lands? And which lands, in the end, are subject, under mainstream Canadian law, to provincial, and which exclusively to federal, authority? Release of the Delgamuukw decision in late 1997 made the task of answering the first of these questions more urgent and the task of answering the second more difficult. We now know that “Lands reserved for the Indians” include not only Indian reserves set aside deliberately but all lands subject to valid Indian claims of Aboriginal title. We do not yet know which lands those are, but we do know that non Aboriginal people believe they have rights and interests, derived from provincial authorities, in many of the lands that are in dispute. The legal status of those putative rights and interests is now open to question. This article explores these issues from within the matrix of existing Canadian constitutional law. It argues that provinces, acting as such, have no power to determine or to regulate matters relating to the ownership, possession, occupation, use or disposition of Indian lands, even in the absence of countervailing federal measures, and it doubts that any mechanism now exists in Canadian law to extend, for practical purposes, the reach of provincial measures to such lands. It suggests a test for use in ascertaining which provincial measures generally can, and which cannot, apply on lands reserved for the Indians; it wonders, on constitutional grounds, how provincial law can authorize enforcement on such lands of provincial measures that do apply there; and it documents some of the challenges now facing both Aboriginal and non-Aboriginal peoples interested in clarifying which lands are Indian lands and which are not.
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 distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.000 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.000 | 0.002 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.007 | 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 teacher head, 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".