C. Conclusion

Author:Robert J. Sharpe - Kent Roach
Profession:Court of Appeal for Ontario - Faculty of Law, University of Toronto

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If section 6 of the Charter was meant to have a major impact on the functioning of the Canadian economic union, its supporters have likely been disappointed, for its reach has been limited so far to cases of direct discrimination on the basis of provincial residence in the pursuit of an individual’s livelihood or choice of residence. It does not catch many

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other barriers to the mobility of goods, services, people, and capital, leaving these to be addressed by other institutions and legal rules.20The right to remain in Canada has also not had a major impact on the extradition process. Although courts acknowledge that extra-dition of a Canadian citizen to face prosecution in another country violates section 6(1) of the Charter, they have indicated that extradition will generally be a reasonable limit on that right, justified to maintain international cooperation in the battle against crime. Section 7 of the Charter has had much more impact on the extradition process than the section 6 mobility rights of the Charter.


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GIRARD, n, "L’article 6 de la Charte" in GA Beaudoin & E Mendes, eds, The Canadian Charter of Rights and Freedoms, 4th ed (Toronto: LEXISNEXIS, 2005)

JACKMAN, M, "Interprovincial Mobility Rights under the Charter" (1985) 43 UT Fac L Rev 16

LASKIN, JB, "Mobility Rights under the Charter" (1982) 4 Sup Ct L Rev 89

LEE, t, & M TREBILCOCK, "Economic Mobility and Constitutional...

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