Aboriginal Governments and the Charter: Lessons from the United States
Bibliographic record
Abstract
Note that s.32(1)(a) of the Charter provides that it applies "to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and the Northwest Territories".Given that the Constitution is a "living tree" that has to be interpreted so as to apply in contemporary contexts (Edwards v. Canada (A.G.) [1930] A.C. 124 at 136 (P.C.)), the courts would probably hold the Nunavut Government to be subject to the Charter, as are the governments of the Yukon and Northwest Territories.This issue is discussed in Emerging Justice?, supra note 2, where it is concluded that the Charter does not apply to these governments.For other perspectives, see P. W. Hogg and M.E.Turpel, "Implementing Aboriginal Self-Government: Constitutional and Jurisdictional Issues" in Royal Commission on Aboriginal Peoples, Aboriginal Self-Government: Legal and Constitutional Issues (Ottawa: Minister of Supply and Services, 1995) 375 at 415-20; J. Koshan, "Aboriginal Women, Justice and the Charter: Bridging the Divide?" (1998) 32 U.B.C.L. Rev. 23; P. Macklem, Indigenous Difference and the Constitution of Canada (Toronto:
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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 | 0.005 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.015 | 0.017 |
| Scholarly communication | 0.006 | 0.004 |
| Open science | 0.001 | 0.003 |
| Research integrity | 0.004 | 0.006 |
| Insufficient payload (model declined to judge) | 0.003 | 0.000 |
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.
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".