Canada's Actions Around the Mi'Kmaq Fisheries Rest on Shaky Legal Ground
Bibliographic record
Abstract
Acting on treaty right recognized in the Supreme Court of Canada’s decision 21 years ago in R v Marshall, the Sipekne’katik First Nation launched its moderate livelihood fishery in the waters off southwest Nova Scotia in early September. Since the fishery’s launch, some have suggested the Canadian government has broad authority to dictate how the Mi’kmaq’s treaty-based fisheries can operate.\nWhile the Court in Marshall (and in a subsequent, related decision in Marshall 2) acknowledged Canada could lawfully “regulate” the treaty right, regulate does not mean Canada may legislate and limit the treaty right in whatever way it sees fit. Far from it. As two law professors who teach Aboriginal law, we have decided to weigh-in to provide clarification. Our clear answer is that Canada’s actions, thus far, would not meet Constitutional muster.
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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 | 0.004 | 0.008 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.001 | 0.002 |
| Science and technology studies | 0.037 | 0.017 |
| Scholarly communication | 0.010 | 0.003 |
| Open science | 0.003 | 0.003 |
| Research integrity | 0.008 | 0.014 |
| Insufficient payload (model declined to judge) | 0.007 | 0.001 |
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.
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".