Aboriginal rights and title for archaeologists: A history of archaeological evidence in Canadian litigation
Bibliographic record
Abstract
Archaeological evidence has been used to assess pre-contact occupation and use of land since the first modern Aboriginal title claim in Canada. Archaeology’s ability to alternately challenge, support, and add substantive spatial and temporal dimensions to oral histories and documentary histories makes it a crucial tool in the resolution of Aboriginal rights and title. This article assesses how archaeological evidence has been considered in Aboriginal rights and title litigation in Canada, both over time and in different types of cases. The examination indicates that archaeological data have been judged to be sufficient evidence of pre-contact occupation and use. However, some limitations inherent in archaeological data, especially challenges in archaeology’s capacities to demonstrate continuous occupation and exclude possibilities for co-occupation, mean that it is best used in conjunction with ethnographies, oral histories, and historical documents. So long as courts affirm that it is the sole material evidence of pre-contact occupation, archaeological data will continue to be considered in future litigation.
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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 | 0.003 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 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".