Mobility Rights

• Author: Hon. Robert J. Sharpe/Kent Roach
• Profession: Court of Appeal for Ontario- Faculty of Law University of Toronto
• Pages: 193-199

CHAP TER 12

MOBILI T Y R IGHT S

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

inces without prejudice because of their province of origin. The mobil-

ity rights protected by section 6 of the Char ter of Rights and Freedoms

are designed to promote and foster these objective s.

Section 6 contains two kinds of mobility rights, one inter national

and the other interprovincial. Section 6(1) guarantees the right of citi-

zens to enter, remain in, and leave Canada, whi le sections 6(2)(a) and

(b) guarantee the right of citizens and permanent residents “to move

and take up residence in any prov ince; and to pursue the gain ing 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 t hose laws do not discrimin ate among individ-

uals prim arily on the basis of province of present or previous re sidence

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

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

tion 6(4) protects from Charter challenge law s and programs ai med at

relieving the plight of those who are soc ially or economically disadvan-

taged in provinces w ith rates of unemployment above the national rate.

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

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

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