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Record W3208924544 · doi:10.5206/uwojls.v12i1.13620

Status Quo Sorrows: The Failures of Energy Project Consultations and Reconciliatory Paths Forward

2021· article· en· W3208924544 on OpenAlex
Omri Rozen

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

venuePublished in a venue whose home country is Canada.
aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueWestern Journal of Legal Studies · 2021
Typearticle
Languageen
FieldSocial Sciences
TopicIndigenous Health, Education, and Rights
Canadian institutionsnot available
Fundersnot available
KeywordsIndigenousVetoJurisprudenceTransparency (behavior)Status quoEquity (law)AccountabilityPolitical sciencePublic administrationConstitutionLawContext (archaeology)Law and economicsSociologyPoliticsGeography

Abstract

fetched live from OpenAlex

Canada’s prevailing Aboriginal consultation regime for major energy projects is not working. Indeed, Indigenous peoples, industry proponents, and the Crown have all expressed increasing frustration and dismay at the uncertainty and acrimony that a legal regime intended to facilitate reconciliation between Canada and Indigenous peoples has counterproductively generated. In this paper, I describe the underlying principles of a process-oriented reconciliation that animate the Court’s jurisprudence on section 35 of the Constitution Act, 1982. I then identify the failures in effectively translating these principles to the major energy context, focusing in particular on the harms generated by the lack of accountability and transparency of the National Energy Board/Canada Energy Regulator administrative scheme. I finally consider two alternatives or additions to contemporary resource project consultations – namely, Impact and Benefit Agreements (IBAs) and a proposed Indigenous veto – finding that an Indigenous veto may be an especially effective means of introducing greater equity, fairness, and certainty to major energy project development in Canada, to the benefit of all relevant stakeholders.

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.

Full frame distilled prediction

Teacher imitation

Not 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.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Qualitative · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.841
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0020.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

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 head0.038
GPT teacher head0.347
Teacher spread0.310 · 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