ABSTRACT

This chapter intends to investigate that work the drawing at times of new, larger borders. It suggests that much can be learned from the mechanics of the law itself, which privileges establishing clarity and setting up relational positions. The chapter offers a case study, Canada Council for Refugees v. Canada, where interveners launched a legal appeal of the Safe Third Country Agreement on grounds. The Agreement violated pre-existing international commitments such as the Refugee Convention as well as domestic law through the Charter of Rights and Freedoms. The chapter considers the way the Charter is deployed as a mechanism through which borders can be made and expanded. It concludes by suggesting a research agenda for law at the border, bringing socio-legal studies in closer conversation with border studies in the hopes of mapping the material. The chapter provides real expansion of bordering practices through subtle steps in the courts.