Three Eras of Citizen-Rights in Canada: An Interpretation of the Relationship Between Citizen-Rights and Executive Power




Tsuji, Kathleen Elizabeth

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In Canada’s recent history, the cases of Kanao Inouye, Omar Khadr, and Maher Arar shed light on the relationship between citizen-rights and sovereign power, a problem which this thesis studies through its three-pronged strategy of analysis. First, it takes a postmetaphysical approach to the problem of exceptionality as it has been explored in the works of Jacques Derrida, Gianni Vattimo, and Reiner Schürmann. Their responses to the problem of exceptionality provide a framework that enables this thesis to capture the relationship between citizen-rights and sovereign power in relative detail. Second, it applies Schürmann’s epochal theory in order to offer a historical periodization of citizen-rights in Canada that highlights the effect of sovereign power on citizen-rights. Lastly, in light of its philosophical and theoretical framework, it interprets the Inouye, Khadr, Arar cases in order to account for the effect of Charter rights on sovereign power.



Kanao Inouye, Omar Khadr, Maher Arar, Canadian Charter of Rights and Freedoms, Royal Prerogative, Epochal Theory, Deconstructive justice, Weak thought, State of exception, homo sacer, politics of fear, Law-preserving violence, Singularization, Giorgio Agamben, Reiner Schürmann, Proceduralism, precautionary risk, postmetaphysical hermeneutic thought, metaphysics, interpretation, multiple holistic case study design, Era of Implied Rights, Bill of Rights Era, Charter Era