Bibliographic record
Abstract
In this chapter, I examine the treatment of Indigenous law and law-making in the context of Canada’s recognition of self-government as an inherent right under section 35 of the Constitution Act, 1982 , particularly the extent to which the inherent right policy permits the recuperation of Indigenous legal orders and recognition of their place within federalism. The first section of the chapter sets out the subject of my inquiry, namely Indigenous legal orders, not just singular instances of Indigenous law-making. I then examine the doctrine of continuity, pursuant to which Indigenous law-making power has survived into the 21st century. I next set out the self-government policy of Canada and examples of “self-government”, which are really just exercises in delegating legislative power for administrative purposes. Finally, I offer suggestions for matters to address as a priority, so that Indigenous law-making will be able to flourish as part of the “living tree” that is the Canadian Constitution.
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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 | 0.002 | 0.005 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.000 |
| Bibliometrics | 0.001 | 0.002 |
| Science and technology studies | 0.012 | 0.037 |
| Scholarly communication | 0.009 | 0.009 |
| Open science | 0.001 | 0.003 |
| Research integrity | 0.002 | 0.006 |
| Insufficient payload (model declined to judge) | 0.018 | 0.003 |
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".