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Record W2790497960

WHAT CHANGES DID GRASSY NARROWS FIRST NATION MAKE TO FEDERALISM AND OTHER DOCTRINES

2017· article· en· W2790497960 on OpenAlexaboutno aff
HW Roger Townshend

Bibliographic record

VenueThe Canadian Bar Review · 2017
Typearticle
Languageen
FieldSocial Sciences
TopicEnvironmental law and policy
Canadian institutionsnot available
Fundersnot available
KeywordsTreatyDoctrineLawPolitical scienceSupreme courtContext (archaeology)Interpretation (philosophy)FederalismEnforcementConstitutional lawLaw and economicsSociologyHistoryPhilosophyPolitics
DOInot available

Abstract

fetched live from OpenAlex

The Grassy Narrows case was a challenge, based on the promises made in Treaty 3, to Ontario’s forest management scheme. The underlying concern was the impact of a logging licence on treaty hunting rights. The Supreme Court of Canada needed to consider treaty interpretation, the constitutional protection of treaty promises, and the constitutional law doctrine of interjurisdictional immunity, as well as the interactions among these concepts. In making its ruling, the Court established a new doctrine of constitutional evolution, which filled what was arguably a perplexing gap in the enforcement of treaty rights. The Court also narrowed, but, the author argues, did not abolish, the doctrine of interjurisdictional immunity in the Aboriginal law context. The author also argues that the Court did not change the principles of treaty interpretation, but did not apply them fully to the facts of the case. The author suggests that the doctrine of justified infringement in the context of treaty rights deserves another look, especially in the case of modern treaties.

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)0.009
metaresearch head score (Gemma)0.016
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 score0.933
Threshold uncertainty score0.483

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0090.016
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0020.002
Science and technology studies0.0080.021
Scholarly communication0.0080.007
Open science0.0020.001
Research integrity0.0060.008
Insufficient payload (model declined to judge)0.0040.000

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 head0.084
GPT teacher head0.335
Teacher spread0.251 · 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

Citations2
Published2017
Admission routes1
Has abstractyes

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