After Khadr: The Role of Citizenship in Extra-Territorial Constitutional Claims
Bibliographic record
Abstract
In the wake of two recent Federal Court of Appeal decisions holding that non-citizens can never be protected by the Canadian Charter of Rights and Freedoms outside of Canada, even in the context of violations of international law, this paper canvasses American and British jurisprudence on non-citizens' claims from Guantanamo and Iraq, respectively. It argues a jurisdictional approach, neutrally applied to citizens and non-citizens, is not the Pandora's Box many jurists fear. Canadian courts should follow British decisions finding jurisdiction in British military prisons on foreign territory and that international law allows substantial flexibility in the resolution of these claims on the merits.
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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 | 0.006 | 0.006 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.012 | 0.041 |
| Scholarly communication | 0.008 | 0.007 |
| Open science | 0.001 | 0.006 |
| Research integrity | 0.006 | 0.005 |
| 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".