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B/ordering Canada
Legal and spatial performativities of the US/Canada border
Josh Labove @jlabove
Work in progress that aims to:
call attention to the messiness of making legal space
Canadian Charter of Rights and Freedoms
Customs Act
Jay Treaty Treaty Rights
Security CertificatesMinisterial Directions
A Canadian Legal Geographic Toolkit
Provincial & territorial case law
A theory of ‘brackets’ and ‘frames’
Framing the law
• The language and technical nature of the judiciary
•Appellate law as arbitrator/problem-solver
• Jurisdiction and scale as performing ‘order’
Seeing the Supreme Court as a border agency
How do decisions at the border demonstrate and (re)produce the legal conceptions of borders?
The Charter as a ‘frame’
• Reading border disputes as rights claims demands identifying the architecture of rights.
• Seeing the mechanics of rights means we see the right impinged/violated as well as that which is bracketed off or out.
Three ways of seeing bordering
Security certificates and the mobile border
Search and seizure at the border
First Nations mobility and Jay Treaty passage rights
Why does this all matter?
Defamiliarizing banal politics and calling attention to the performativity of legal spaces
