Mobility rights

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

Page 222

An important element of individual freedom is the right to enter and leave one’s country and to move about it freely. In countries with federal systems, such as Canada, it is fundamental to a sense of national citizenship that individuals be able to move to and work in other provinces without prejudice because of their province of origin. The mobility rights protected by section 6 of the Charter of Rights and Freedoms are designed to promote and foster these objectives.

Section 6 contains two kinds of mobility rights, one international and the other interprovincial. Section 6(1) guarantees the right of citizens to enter, remain in, and leave Canada, while sections 6(2)(a) and (b) guarantee the right of citizens and permanent residents "to move and take up residence in any province; and to pursue the gaining of a livelihood in any province." The interprovincial guarantee is qualified in two ways. The right is subject to laws of general application in force in a province, provided those laws do not discriminate among individuals primarily on the basis of province of present or previous residence (section 6(3)(a)). Section...

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