Mobility Rights

• Author: Robert J. Sharpe; Kent Roach
• Pages: 236-243

236

CHA PTER 12

MOBILITY RIGHTS

An important element of individua l freedom is the right to enter and

leave one’s country and to move about it freely. In countr ies with fed-

eral systems, such as Canada, it is fundamental to a sense of national

citizenship th at individuals be able to move to and work in other prov-

inces without prejudice because of their provi nce 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 ki nds of mobility rights, one international

and the other interprovinci al. Section 6(1) guar antees the right of cit-

izens 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 indiv id-

uals prima rily on the basis of province of present or previous residence

(section 6(3)(a)). Section 6(3)(b) permits reasonable residency require-

ments for the receipt of publicly provided social services. As well, sec-

tion 6(4) protects from Charter challenge laws and programs aimed at

relieving the plight of those who are socially or economically disadvan-

taged in provinces wit h rates of unemployment above the national rate.

Finally, as with all Charter rights, a government may be able to justif y

laws that violate sect ion 6 under section 1. However, mobility rights are