Administering Consultation at the National Energy Board: Evaluating Tribunal Authority
Bibliographic record
Abstract
[From Introduction]: "Over the course of the last thirty years, section 35(1) of the Constitution Act, 1982 has shifted governmental engagement with Aboriginal peoples from a matter of executive discretion to a matter of legal right. While there are differences over the scope, content, and protections of those rights, the jurisprudence has first and foremost clarified that disputes over competing uses can be settled in law. Nevertheless, if past jurisprudence has focused on the duty of the executive, the authors argue here that there has been little clarity surrounding the duty of administrative tribunals to adhere to the legal requirements of section 35(1) in regulating resource use. The Supreme Court of Canada has affirmed the authority of tribunals to administer Aboriginal rights and to evaluate the Crown’s duty to consult. Moreover, the courts are willing to treat tribunal proceedings as part of a larger framework for achieving consultation. Yet, even though courts have implicated tribunals in the task of ensuring that rights are respected, key decisions have seemingly released tribunals from the legal strictures of the jurisprudence on section 35(1). As a consequence, it is unclear whether tribunals can use their own methods of evaluation or whether they are required to assess consultation in accordance with the legal criteria established by the Supreme Court."
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 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 | 0.078 | 0.143 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.004 | 0.002 |
| Science and technology studies | 0.021 | 0.012 |
| Scholarly communication | 0.021 | 0.009 |
| Open science | 0.003 | 0.010 |
| Research integrity | 0.008 | 0.006 |
| Insufficient payload (model declined to judge) | 0.013 | 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".