Interprovincial Mobility Rights Under the Charter

29 Pages Posted: 20 Sep 2013

See all articles by Martha Jackman

Martha Jackman

University of Ottawa - Common Law Section

Date Written: 1985

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

Suggested Citation

Jackman, Martha, Interprovincial Mobility Rights Under the Charter (1985). University of Toronto Faculty of Law Review, Vol. 43, No. 16-44, 1985. Available at SSRN: https://ssrn.com/abstract=2319188

Martha Jackman (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

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