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Record W7064332698

The best interests of the child? The stolen generation in Canada and Australia

2006· article· en· W7064332698 on OpenAlexaboutno aff

Bibliographic record

VenueDeakin Research Online (Deakin University) · 2006
Typearticle
Languageen
FieldPhysics and Astronomy
TopicMagnetic confinement fusion research
Canadian institutionsnot available
Fundersnot available
KeywordsVicarious liabilityDuty of carePlaintiffDutyLiabilityBest interestsContributory negligenceTort
DOInot available

Abstract

fetched live from OpenAlex

The common policy of the Australian and Canadian governments of removing Aboriginal children from their families and placing them in institutions is now well documented. The key basis for such removals was a policy of assimilation. As a consequence of these revelations, litigation has been undertaken by members of the stolen generations in both Canada and Australia. This article considers the key cases in Canada and Australia in regard to three entwined strands of such claims: vicarious liability, non-delegable duties and duty of care. While the plaintiffs in the leading Canadian cases were ultimately successful under at least one of their heads of claim, the approaches in these cases in regard to the Crown’s liability for breach of the duty of care and non-delegable duties is inconsistent. Thus, even in Canada, key legal issues pertaining to the Crown’s liability for the Aboriginal residential school experience continues to be unresolved. Within this framework, the article also considers the key Australian decisions where the plaintiffs’ claims against the Crown for vicarious liability and breaches of duty of care were rejected. The discussion in this article indicates that the doors for legal redress are not closed to members of the Australian stolen generation. This article also focuses on whether there was a breach of any such alleged duty of care arising out of the Canadian and Australian removal policies. This is potentially important in both jurisdictions, not just Australia, as the plaintiffs in the Canadian cases that have been determined to date were physically and/or sexually abused whilst detained in institutions pursuant to this removal policy. Thus the main focus in those cases has been on whether the assaults constituted actionable breaches.

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)0.002
metaresearch head score (Gemma)0.006
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.063
Threshold uncertainty score0.460

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0020.006
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.002
Science and technology studies0.0230.007
Scholarly communication0.0050.002
Open science0.0020.005
Research integrity0.0030.005
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 head0.039
GPT teacher head0.294
Teacher spread0.255 · 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 designNot applicable
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
Published2006
Admission routes1
Has abstractyes

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