Challenging Historical Frameworks: Aboriginal Rights, The Trickster, and Originalism
Bibliographic record
Abstract
The Supreme Court of Canada has created a narrow framework for recognizing Aboriginal and treaty rights in Canada's Constitution by reference to historic moments of contact, assertions of sovereignty, and negotiated agreements. This approach has placed historical inquiries that search for “original” understandings at the centre of the court's jurisprudence. This article argues that law should not be equated with history in this way. It has severely disadvantaged Indigenous peoples. As a “living tree,” Canadian constitutional law should regard the “past” as a grab bag of possibilities for present reasoning, rather than as a constraint on present developments, because they do not have analogues in a bygone era.
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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 | 0.007 | 0.007 |
| Meta-epidemiology (narrow) | 0.001 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.000 |
| Bibliometrics | 0.007 | 0.008 |
| Science and technology studies | 0.013 | 0.056 |
| Scholarly communication | 0.012 | 0.007 |
| Open science | 0.002 | 0.003 |
| Research integrity | 0.002 | 0.004 |
| Insufficient payload (model declined to judge) | 0.005 | 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".