Mobility Rights

• Author: Robert J. Sharpe; Kent Roach
• Pages: 249-257

249

C H A P T E R 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 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 prov ince 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 inter national

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

izens to enter, remain in, and leave Ca nada, whereas sections 6(2)(a) and

(b) guarantee the right of citizen s and permanent resident s “to move

and take up residence in any province; and to pursue the gaining of a

livelihood in any province.” The interprovincial gua rantee is qualif‌ied in

two ways. The right is subject to laws of general application in force in a

province, provided that 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. Section 6(4)

protects from Charter challenge laws and program s aimed at relieving

the plight of those who are socially or economical ly disadvantaged in

provinces with rate s of unemployment above the national rate. Finally,

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

violate section 6 under section 1. However, mobility rights are among