Charter Of Rights And Freedoms
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6. (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
a) to move to and take up residence in any province; and b) to
pursue the gaining of a livelihood in any province. (3) The rights
specified in subsection (2) are subject to
a) 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 b) 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.
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Enter, Remain in, Leave…… self explanatory
Permanent resident… visa status which lets you to take residence
without being a citizen.
Gaining of livelihood…. Looking for a job, earning money.
(3)…. Laws can limit your mobility rights unless it is primarily
discriminatory on your previous or present residence.
(4)…. This allows the workers that have been working longer in an
area have a better chance of a job than newcomers. This is for
places where the unemployment rate is higher than Canada as a
whole. Mainly started for Newfoundland and Labrador.
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Preclude: To make impossible, as by action taken in advance;
prevent
Ameliorate: To make or become better, more bearable, or more
satisfactory
Affirmation: A solemn declaration given in place of a sworn
statement by a person who conscientiously objects to taking an
oath
Subsection: A section of a section; subdivision
Livelihood: A means of supporting one's existence, especially
financially or vocationally; living
Receipt: Something that is received
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Individual practice of entering and exiting Canada
Meant to protect Canadian unity
Also grants Canadians economic rights as one has equal rights to
pursue work.
To protect the right of a person to be employed.
If you are a permanent resident in Canada, you are able to move
to whichever province you choose.
Unable to be nullified by the Notwithstanding clause
Originally meant to let Quebec move beyond regional lines and
not be confined
Protects against discrimination in section 6(3)
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The first charter decision to reach the Supreme Court since its
enactment in 1982
Joel Skapinker, citizen of South Africa
Applied to the Ontario bar to practice law
Law Society Act required him to be a Canadian citizen so he was
denied
He applied to have the provision named inoperative as it violated
section 6. At trial he lost. On appeal the Court found that his right
were in fact violated.
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Since Section 6 clearly states the right to pursue the gaining of a
livelihood in any province. This situation directly applies to
section 6 as the Law Society Act, in Skapinker’s mind,
discriminated between permanent residents and Canadian
citizens.
Also in section 6 subsection (3) a) the charter identifies that the
above right can be limited. Unless the reason for not granting the
right, is primarily discriminatory, a law could limit it. Who is to
determine what is primary discrimination? Was discrimination
used in this case since Joel was a citizen of South Africa?......
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Pierno immigrated to Canada and became a citizen in 1980.
5 previous convictions
In 1995 was caught importing 5400 kilograms of cocaine
US authorities sought out is extradition from Canada
In 2006 submitted a transfer request that was approved by
authorities but not minister of Canada.
He thought that his mobility rights as a Canadian citizen were
being violated and he believes that he should carry out his
sentence in Canada
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Canadian Charter of Rights and Freedoms Mobility Rights