Interprovincial Mobility Rights Under the Charter

Abstract

The mobility rights provisions under section 6 of the Canadian Charter of Rights and Freedoms, require the courts to adjudicate between the interests of the community at large and those of smaller provinces or regions. This article explores the constitutional background and political context in which section 6 was introduced; the treatment of mobility rights in Australia and the United States; the specific language of section 6; and its judicial reception to date. The article suggest that the long-term impact of section 6 will depend on how widely the right, and how narrowly the internal limitations on the right, are interpreted by the courts. The article concludes that assessing section 1 justifications for section 6 violations is an inherently political exercise; requiring the courts to balance competing evidence, opinions and values concerning the benefits of an economic union and of maintaining regional diversity and autonomy.

Keywords: mobility rights, section 6, Charter of Rights, Canada, constitution, provinces, scope, limitation, right, interpretation, judicial, courts, section 1, political, evidence, opinion, values, economic union, regional, diversity