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Section 6: Mobility Rights

Section 6: Mobility Rights. Charter Of Rights And Freedoms. Wording. 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

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Section 6: Mobility Rights

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  1. Section 6: Mobility Rights Charter Of Rights And Freedoms

  2. Wording • 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.

  3. Wording Continued… • 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.

  4. Terms to Clarify • 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

  5. What Does It Mean? • 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)

  6. Skapinker Case • 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.

  7. Application of Skapinker Case • 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?......

  8. PiernoDevito vs. Minister Of Public Safety And Emergency Preparedness • 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

  9. Video • Canadian Charter of Rights and Freedoms - Mobility Rights

  10. Any Questions???

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