Mobility Rights

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

236

CHAPTER 12

MOBILITY RIGHTS

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 fed-

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

citizenship that 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 kinds of mobility rights, one international

and the other interprovincial. Section 6(1) guarantees 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 individ-

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 with rates of unemployment above the national rate.

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

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