The Deification of Process in Canada’s Duty to Consult: Tsleil-Waututh Nation v Canada (Attorney General)
Bibliographic record
Abstract
This article considers the limitations in Canada’s duty to consult with Aboriginal peoples as recently articulated in Tsleil-Waututh Nation v Canada (Attorney General). There, six Indigenous applicants challenged Canada’s approval of Trans Mountains’ pipeline expansion project. In a review of that case, this article argues that the Court magnifies a previously established distinction between procedural design and procedural execution, which contributes to a deification of process. This deification of process is problematic, at a basic level, because it enables the Court to winnow the range of substantive topics that requires First Nations consultation by treating them as process ‘design’ features that Canada has discretion over. At the same time, the Court requires Canada to alter its ‘execution’ of the consultation processes to ensure meaningful two-way dialogue, which has the possibility, but not a guarantee, of substantive alterations. By ensuring that there is the possibility of substantive alterations, the Court’s deification of process in its articulation of Canada’s duty to consult provides the illusion that it facilitates substantive accommodations as it virtually guarantees project construction. More problematically, the Court’s deification of provides the illusion of efficacious federalism that advances a form of legal positivism that eclipses important political-economic concerns.
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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 | 0.001 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.001 |
| Science and technology studies | 0.001 | 0.001 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.001 | 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".