Mobility Rights

• Author: Robert J. Sharpe, Kent Roach
• Pages: 211-218

211

CHA PTER 12

MOBILITY RIGHTS

An important element of individual f reedom is the right to enter and

leave one’s country and to move about it freely. In countries w ith fed-

eral system s, such as Can ada, it is fund amental to a sense of national

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

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

ity right s protected by section 6 of the Charter of Rights and Freedoms

are designed to promote and foster these objectives.

Section 6 contains two kind s of mobility right s, one inter national

and the other interprov incial. S ection 6(1) guarantees the right of cit-

izens to enter, remain i n, 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 interprovincia l guara ntee 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 primar ily 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 ser vices. As well, sec-

tion 6(4) protects from Charte r 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 just ify

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