Section 6 Basics
Which section and subsections of the Charter describe Mobility Rights?
Section 6 (1–4)
What country wanted Canada to send (extradite) them for trial?
the United States.
A Canadian citizen moves to Quebec for work but is told they must pass a French language test before getting a government job. Is this a Mobility Rights issue? Why?
No, language rules are job requirements, not limits on the right to move or work.
This case was about two Canadians sent to the U.S. for murder charges.
United States v. Burns.
Who has the right to move and find work anywhere in Canada under Section 6(2)?
Canadian citizens and permanent residents.
Who has the power to decide if someone should be extradited?
The Minister of Justice in Canada
A province asks new residents to live there for one year before applying for housing support. Is this limit allowed under the Charter? Why?
Yes, Section 6(3)(b) allows residency requirements for social programs, if they are fair.
This case was about a lawyer trained in another country who wanted to work in Ontario.
Law Society v. Skapinker.
If a Canadian citizen leaves the country for vacation and later returns home without trouble, which part of Section 6 protects that right? Explain.
What is Section 6(1) : the right to enter, stay in, and leave Canada.
What did the Supreme Court decide?
It was okay to send him to the U.S. (extradition allowed).
A province with few jobs makes a rule giving local workers first choice for new job openings. Is this a Mobility Rights violation? Why?
No, Section 6(4) allows provinces with high unemployment to create programs favoring local workers.
Sriskandarajah v. United States
This case was about a Canadian who helped a terrorist group and was sent to the U.S.
If a person from Nova Scotia moves to British Columbia and opens a small business, which part of Section 6 protects their right to do this? Explain.
Section 6(2) : the right to move and work anywhere in Canada
What group was he accused of helping?
The Tamil Tigers (a terrorist group)
A Canadian journalist working abroad is told they can’t return to Canada because of security concerns. Which Charter right might be affected, and why?
Their Mobility Right to enter and stay in Canada (Section 6(1)), because all Canadian citizens have the right to come home.
Canada v. Khadr.
Omar Khadr was a Canadian teenager captured in Afghanistan who couldn’t return home from Guantanamo Bay.