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Record W3202126787 · doi:10.14288/1.0402462

Using Indigenous legal processes to strengthen Indigenous jurisdiction : Squamish Nation land use planning and the Squamish Nation assessment of the Woodfibre liquefied natural gas projects

2021· article· en· W3202126787 on OpenAlexaffabout
Jennifer M. Sankey

Bibliographic record

VenueeYLS (Yale Law School) · 2021
Typearticle
Languageen
FieldSocial Sciences
TopicIndigenous Health, Education, and Rights
Canadian institutionsUniversity of British Columbia
Fundersnot available
KeywordsIndigenousJurisdictionEnvironmental planningNatural (archaeology)Environmental resource managementNatural gasPolitical scienceBusinessIndigenous cultureGeographyEnvironmental ethicsLawEnvironmental scienceWaste managementEngineeringArchaeology

Abstract

fetched live from OpenAlex

This dissertation examines how Squamish Nation has created its own legal processes in land use planning and environmental assessment to strengthen its jurisdiction over land, water, and resources in Squamish Nation Territory. It provides a case study of Squamish Nation’s development of the Xay Temíxw Land Use Plan for Forests and Wilderness of Squamish Nation Traditional Territory, its negotiation of an agreement on land use planning with the Province of British Columbia, and its creation of an environmental assessment process (the Squamish Process) to assess liquefied natural gas (LNG) projects being proposed in Howe Sound. The case study reveals Squamish Nation’s motivations for developing the processes; the type of community engagement it used; the perspectives, values, and laws Squamish members brought to their deliberations in the processes; and how Squamish Nation made its final decisions. It illuminates how these processes articulate Squamish legal principles to wider Canadian audiences through the plans, reports and agreements that have emerged from the processes. It also shows how these processes placed pressure on the state, as well as third parties, and how these pressures led to shifts in state/proponent practices and behaviours that have strengthened Squamish Nation jurisdiction. The research suggests that successful implementation of the doctrine of free, prior, and informed consent (FPIC) will be better achieved if Canadian governments shift their focus away from narrow judicial interpretations of the duty to consult, and toward Indigenous-led processes for establishing consent, articulated through Indigenous legal orders.

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)0.010
metaresearch head score (Gemma)0.011
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Qualitative · Consensus signal: Qualitative
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.392
Threshold uncertainty score0.789

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0100.011
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.001
Science and technology studies0.0180.016
Scholarly communication0.0060.004
Open science0.0010.007
Research integrity0.0020.003
Insufficient payload (model declined to judge)0.0050.000

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 head0.032
GPT teacher head0.313
Teacher spread0.282 · 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 designQualitative
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
Published2021
Admission routes2
Has abstractyes

Explore more

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