Wither International Law? Security Certificates, the Supreme Court, and the Rights of Non-Citizens in Canada
Bibliographic record
Abstract
In this paper, the author examines the role of international law on the development of Canada’s security certificate regime. On the one hand, international law has had a perceptible impact on judicial reasoning, contributing to judges’ increased willingness to recognize the rights of non-citizens named in certificates and to envision better ways of balancing national security and human rights. On the other hand, the judiciary’s attitudes towards international law as non-binding sources of insight akin to foreign law has reinforced disparities in levels of rights afforded by the Canadian Charter of Rights and Freedoms and those afforded by international human rights. Viewed skeptically, one might argue that the judiciary’s selective result-oriented use of international law and foreign law helped it spread a veneer of legality over an otherwise unaltered and discriminatory certificate regime. Reviewing Charkaoui I and II in international context, the author suggests an alternative account. He suggests that the judiciary’s use of international law and foreign law, although highly ambiguous and ambivalent, both was principled and has progressively brought named persons’ Charter rights more closely in step with their international human rights. Although the current balance between national security and human rights is imperfect, the way in which aspects of Canada’s certificate regime have been improved suggests that international law is a valuable resource for protecting the rights of non-citizens in Canada.
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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 | 0.002 | 0.010 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.002 | 0.004 |
| Science and technology studies | 0.025 | 0.015 |
| Scholarly communication | 0.012 | 0.004 |
| Open science | 0.002 | 0.004 |
| Research integrity | 0.004 | 0.007 |
| Insufficient payload (model declined to judge) | 0.008 | 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".