Connecting gender and colonialism in sentencing Indigenous people : the application of subsection 718.2(e) of the Canadian Criminal Code
Bibliographic record
Abstract
This study examined seventy-two published case judgements involving Indigenous people being sentenced in criminal courts across Canada.The research analyses whether judges recognize the intersection of gender and colonialism in Indigenous women's lived experiences.I found that judges do not sentence intersectionally and an intersectional analysis shows that the practices of law are colonial and gendered.Section 718.2(e) is used by judges to define Indigenous identity.Judges strip Indigenous people of the power to define Indigenous identity, constructing Indigenous identity through restrictive definitions that exclude many Indigenous people from the benefits of section 718.2(e).Additionally, judges overlooked how gender interacts with colonialism when sentencing Indigenous women.For instance, domestic violence was often a precursor to Indigenous women's violence.Law treats gender and colonialism as mutually exclusive categories of experience making it difficult for judges to recognize Indigenous women's circumstances.
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 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 | 0.018 | 0.062 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.000 |
| Bibliometrics | 0.005 | 0.007 |
| Science and technology studies | 0.028 | 0.015 |
| Scholarly communication | 0.009 | 0.002 |
| Open science | 0.002 | 0.007 |
| Research integrity | 0.001 | 0.002 |
| Insufficient payload (model declined to judge) | 0.001 | 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".