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GUIDE TO THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS

Part II : The Contents of the Canadian Charter of Rights and Freedoms

Section 6

Mobility Rights

1. Every citizen of Canada has the right to enter, remain in, and leave, Canada.
2. Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right
   1. to move to, and take up residence in, any province, and
   2. to pursue the gaining of a livelihood in any province.
3. The rights specified in subsection (2) are subject to
   1. any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and
   2. any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.
4. Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada.

Section 6 protects the right of Canadians to move from place to place, and section 6(1) ensures that all Canadian citizens are free to come and go as they please. Extradition laws place some limits on these rights. These laws state that persons in Canada who face criminal charges or punishment in another country may be ordered to return to that country.

Section 6(2) gives all Canadian citizens and permanent residents the right to move to, and live in, any province or territory. They may also look for work or set up a business there. Section 6(3) makes clear that provinces may decide to give social benefits, such as welfare, only to persons who have lived in the province for a certain period of time. They may also pass employment laws that require workers to have the necessary qualifications to practice their profession or trade.

In addition, section 6(4) allows a province that has an employment rate below the national average to create programs that favour its own residents.

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