Reconciliation and balance: resolving conflicts between Charter rights and aboriginal and treaty rights within the Canadian constitutional framework
Bibliographic record
Abstract
Although s. 25 of the Constitution Act 1982, contemplates conflicts between Charter rights and Aboriginal and treaty rights, it is unclear how such conflicts should be resolved. In this thesis, I have extrapolated legal principles from other constitutional contexts, in which there has been greater case law development, to develop an appropriate framework to address such conflicts. Principles relevant to resolving such conflicts are the protection of minorities, substantive equality and the reconciliation of pre-existing Aboriginal societies with Crown sovereignty. These principles are extrapolated from the context of conflicting Charter rights, conflicting group right and Charter right, and from the purpose of s. 35 Aboriginal and treaty rights. Other relevant constitutional principles are that rights are not absolute and there is no hierarchy of rights. A two-step framework is developed incorporating these principles to resolve conflicting Charter and s. 35 rights.
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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 | 0.019 | 0.019 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.003 | 0.003 |
| Science and technology studies | 0.020 | 0.030 |
| Scholarly communication | 0.017 | 0.008 |
| Open science | 0.004 | 0.007 |
| Research integrity | 0.005 | 0.006 |
| Insufficient payload (model declined to judge) | 0.005 | 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".