Diagnosing Administrative Law: A Comment on Clyde River and Chippewas of the Thames First Nation
Bibliographic record
Abstract
In Beckman v. Little Salmon/Carmacks, Binnie J. observed that administrative law processes and remedies are sufficiently nimble and robust to account for the constitutional rights and interests of Indigenous Peoples. The comment, directed to a procedural issue, disclosed a faith in existing frameworks of Canadian administrative law to compel government actors to act honourably and respond meaningfully when Indigenous communities are, or could be, affected by government action. This faith was not intended to diminish or downplay the constitutional character of the honour of the Crown or the duty to consult and accommodate. Rather, it affirmed that this principle and these duties are not only matters of interest to constitutional law, but are also of particular concern for the law of good government decision-making; that is, for administrative law. There was no need therefore, in Binnie J.’s conception of Canadian state public law, to develop novel constitutional remedies to address failures of consultation or dishonourable public decision-making practices. Rather, the remedies of administrative law, with their capacities to declare, quash and compel, already offered mechanisms for substantial redress and the pursuit of reconciliation.
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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 | 0.016 | 0.038 |
| Meta-epidemiology (narrow) | 0.001 | 0.002 |
| Meta-epidemiology (broad) | 0.001 | 0.002 |
| Bibliometrics | 0.002 | 0.003 |
| Science and technology studies | 0.036 | 0.021 |
| Scholarly communication | 0.012 | 0.009 |
| Open science | 0.009 | 0.004 |
| Research integrity | 0.068 | 0.055 |
| Insufficient payload (model declined to judge) | 0.005 | 0.001 |
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".