Mobility Rights

• Author: Hon. Robert J. Sharpe, Kent Roach
• Pages: 222-229

222

CHA PTER 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 Ca nada, 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 mobil-

ity rights protected by section 6 of the Charte r 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 citizen s and permanent residents “to move

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

livelihood i n any province.” The interprov incial 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 indi-

viduals prim arily on the basis of province of present or previous resi-

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

requirements for the receipt of publicly provided social services. As

well, section 6(4) protects from Charter challenge laws and programs

aimed at relieving the plight of those who are socially or economic-

ally disadvantaged in provinces with rates of unemployment above

the national rate. Final ly, 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 thos e rights in the Charter that are regarde d