Potential Aboriginal Rights-holders: Canada and Cultural Communities versus Indigenous Peoples and Socio-political Bodies
Bibliographic record
Abstract
When an Aboriginal right is asserted, questions arise about the nature of the “proper” rights-holder. Canadian jurisprudence has understood Aboriginal claims as culturally grounded (R v Van der Peet). This article tracks how this plays out, looking not just at rights-claims that directly fit the “integral to the distinct culture” test, but also at claims that might be possible should the Supreme Court allow for rights that need not be tied to specific “customs, practices and traditions” following its treatment of Aboriginal title (R v Delgamuukw). Next, this article focuses on Indigenous self-determination. This interpretive lens raises questions about why jurisprudence has been built the way it has, exploring an underlying principled approach (which treats Aboriginal rights as claims of groups accorded weight within the multicultural setting of modern liberal democracy). This analysis highlights why current jurisprudential approaches leave no room for robust forms of Indigenous self-determination. The endgame is predetermined; namely, the authority of Indigenous collectives is severely diminished. If identifying who proper rights-holders are is left to Canadian courts, we fail to engage with fundamentally important matters of Indigenous self-determination.
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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 | 0.004 | 0.007 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.034 | 0.040 |
| Scholarly communication | 0.011 | 0.005 |
| Open science | 0.002 | 0.007 |
| Research integrity | 0.003 | 0.004 |
| Insufficient payload (model declined to judge) | 0.004 | 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".