Recognition of Indigenous Peoples' Inherent Jurisdiction in the Act respecting First Nations, Inuit and Métis children, youth and families: A Step Towards the Institutionalization of Canadian Pluralism
Bibliographic record
Abstract
It is generally accepted that Canada is a legally plural country where common law, civil law and Indigenous law coexist within a shared social space. However, while common law and civil law are institutionalized and recognized as components of the Canadian legal system, Indigenous traditions do not yet benefit from any similar recognition. The recent adoption and judicial validation of An Act respecting First Nations, Inuit and Métis children, youth and families, which affirms Indigenous peoples’ have a constitutional right of self-government in relation to child and family services, offers elements to reflect on this situation. In this study, I first explain why I believe Canada’s pluralism needs to be institutionalized. I then examine the Act and the subsequent Reference to determine the source, scope and force of the inherent jurisdiction they recognize to Indigenous peoples, and whether it furthers or falls short of this objective.
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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 | 0.024 | 0.024 |
| Scholarly communication | 0.007 | 0.002 |
| Open science | 0.001 | 0.004 |
| Research integrity | 0.001 | 0.004 |
| Insufficient payload (model declined to judge) | 0.002 | 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".