The Sovereign Charter: Security, Territory and the Boundaries of Constitutional Rights
Why this work is in the frame
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Bibliographic record
Abstract
The jurisprudential borders of the Canadian state appeared to shift in the aftermath of the landmark judgment of the Supreme Court of Canada on the constitutionality of the security certificate provisions of the Immigration and Refugee Protection Act in early 2007. Yet Charkaoui v. Canada ultimately maintained the contingency of the Charter of Rights and Freedoms, re-drawing long-standing divisions along lines of alleged risk, allegiance and origin, despite the emergence of tentative shifts in jurisprudential conceptions of state sovereignty and extra-territoriality. Where previous national security cases involving constitutional rights claims by non-citizens were predicated on a conceptualization of state sovereignty as the right to exclude from territory, reading Charkaoui in the context of four subsequent cases involving the role of Canadian state actors abroad gives rise to the prospect of the Charter operating to delineate and maintain the limits of state sovereignty within and beyond national borders. While the Charter may accompany the extended reach of the Canadian state in some of its guises, it provides only a minimal constraint on the actions of its agents, reinscribing rather than challenging sovereignty. Accordingly, this article argues that the ‘sovereign Charter’ represents a key moment in the evolution of the Canadian state’s national security, immigration and foreign policy strategies, serving to harden the boundaries of the nation, from within and without. By theorizing the doctrinal rules related to the extra-territorial application of the Charter, this article concludes that rights, as reflected in Charkaoui and subsequent caselaw, continue to offer only a limited mode of resistance against sovereign power. Beyond both immigration law’s historical preoccupation with race and the contemporary focus on the ‘war on terror,’ the very notion of rights functions as a discursive and aspirational marker of sovereignty.
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Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.005 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.003 | 0.004 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.001 |
| Insufficient payload (model declined to judge) | 0.000 | 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 it