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Record W315965646

The Definition of Métis Peoples in Section 35(2) of the Constitution Act, 1982

2004· article· en· W315965646 on OpenAlexaffabout
Larry Chartrand

Bibliographic record

VenueSSRN Electronic Journal · 2004
Typearticle
Languageen
FieldHealth Professions
TopicIndigenous Studies and Ecology
Canadian institutionsUniversity of Ottawa
Fundersnot available
KeywordsMetisSupreme courtConstitutionLawPolitical scienceGenealogyHistoryComputer science
DOInot available

Abstract

fetched live from OpenAlex

The Supreme Court of Canada has finally resolved a number of outstanding issues regarding the definition of 'Metis peoples' in s.35(2) of the Constitution Act, 1982 and the legal principles that must be applied to such communities when asserting Aboriginal rights. On September 19, 2003, the Supreme Court of Canada in R. v. Powley, in a unanimous decision, upheld the rights of members of the Metis community of Sault Ste. Marie to hunt for food. This case is the most important for the Metis since the trial of Louis Riel. The Metis have waited a very long time to have their existence as separate distinct Aboriginal peoples recognized and validated. The court in no uncertain terms defined 'Metis peoples' as possessing 'full status as distinctive rights-bearing peoples whose own integral practices are entitled to constitutional protection under s.35(1)'. It is a decision of great vindication for the Metis, as many years of struggle and pain have finally paid off.The primary purpose of this article is to examine the definition of 'Metis peoples' in s.35(2) of the Constitution Act, 1982. In undertaking this examination, I am not so concerned with who, as an individual, qualifies as a member of a Metis community; but rather, how the courts have defined the term 'Metis peoples' and the criteria needed to establish that a Metis collective will be recognized as a 'Metis people' under s.35(2). In addition, I examine how the Powley test would apply to Metis communities in the prairies, and in particular explore the possibility of making claims from the level of the Metis nation as a whole.

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 machine prediction

Teacher imitation

Not 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.

metaresearch head score (Codex)0.003
metaresearch head score (Gemma)0.005
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.650
Threshold uncertainty score0.697

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0030.005
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0020.002
Science and technology studies0.0090.013
Scholarly communication0.0060.002
Open science0.0010.004
Research integrity0.0070.006
Insufficient payload (model declined to judge)0.0030.001

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 head0.019
GPT teacher head0.312
Teacher spread0.293 · 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; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
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".

Quick stats

Citations0
Published2004
Admission routes2
Has abstractyes

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