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Record W3107412128 · doi:10.1353/gpr.2020.0020

Aboriginal Peoples and the Law: A Critical Introduction by Jim Reynolds

2020· article· en· W3107412128 on OpenAlexaboutno aff
Fumiya Nagai

Bibliographic record

VenueGreat Plains research · 2020
Typearticle
Languageen
FieldSocial Sciences
TopicLaw in Society and Culture
Canadian institutionsnot available
Fundersnot available
KeywordsLawContext (archaeology)SociologyHonorCommon lawLegislationPolitical scienceHistory

Abstract

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Reviewed by: Aboriginal Peoples and the Law: A Critical Introduction by Jim Reynolds Fumiya Nagai Aboriginal Peoples and the Law: A Critical Introduction. By Jim Reynolds. Vancouver: UBC Press, 2018. ix + 260 pp. Notes, cases cited, index. $29.95, cloth. Beginning with a quote from Harold Cardinal's The Unjust Society (1969), Aboriginal Peoples and the Law explores an answer to whether we have a just society for Aboriginal peoples in Canada today. To this end, Jim Reynolds particularly examines the development and contemporary state of Canadian law relating to Aboriginal peoples, based on his almost 40 years of experiences as a lawyer in the field of Aboriginal law. Because the book is an introduction to modern Aboriginal law, Reynolds avoids using technical legal languages but provides a comprehensive and critical analysis of modern Aboriginal law through extensive resources, including key court decisions, legislation, treaties and agreements, political statements, documents and reports, as well as academic literature. The book consists of eight chapters. In the first and second chapters, Reynolds organizes the conceptual and historical context and background of modern Aboriginal law, including the sources and objectives, as well as the legal definitions of Aboriginal rights in Canada. In the third chapter, as a significant and fundamental [End Page 162] aspect of Aboriginal law, Reynolds particularly clarifies Aboriginal-Crown relations by exploring their legal and historical developments and analyzing key concepts such as fiduciary duties and the honor of the Crown. Subsequently, in chapters 4 and 5, Reynolds examines the legal basis, contents, limits, and historical developments of Aboriginal rights and title, which constitute a major part of modern Aboriginal law, as well as those of Aboriginal peoples' treaty rights. In chapter 6, Reynolds focuses on the possibilities and limitations of the Crown's duties of consultation, accommodation, and consent with Aboriginal peoples, and specifically considers the current approach by courts. In chapter 7, Reynolds further expands his analysis to other bodies of law, especially Indigenous law and international law, which are not a part of but may influence modern Aboriginal law in Canada. In the last chapter, Reynolds summarizes his opinions on current Canadian Aboriginal law, pointing out its limitations and the need for further political will from the governments. By touching on multiple aspects of Aboriginal law in Canada, the book helps readers understand its complexities, including ongoing developments aft er this book was written. As a notable example, in November 2019, British Columbia passed a provincial law to implement the United Nations Declaration on the Rights of Indigenous Peoples. As Reynolds points out in his chapter 7, the UN Declaration "contains some potentially far-reaching provisions recognizing the right to self-determination" (187), and this provincial legislation may further promote the protection of Aboriginal rights in Canada. However, as also revealed in this book, the Crown has a long history of using law as an instrument of assimilating and colonizing Aboriginal peoples until today, limiting the scope of Aboriginal rights. Reynolds also concludes that there is "still a long way to go before Canada can claim to be a just society for Aboriginal peoples" (217). Toward this end, I believe that it remains necessary for us to continue to critically examine Canada's developments in Aboriginal law. [End Page 163] Fumiya Nagai Department of Anthropology University of British Columbia Copyright © 2020 Center for Great Plains Studies, University of Nebraska–Lincoln

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 distilled prediction

Teacher imitation

Not 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.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.001
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesScience and technology studies
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.918
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0020.001
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0020.004
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0000.000

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 head0.047
GPT teacher head0.410
Teacher spread0.363 · 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; both teacher heads agree on what is shown here.

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".

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Citations0
Published2020
Admission routes1
Has abstractyes

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