Section Six of The Canadian Charter of Rights and Freedoms - Comparison With Other Human Rights Instruments

Comparison With Other Human Rights Instruments

As the Supreme Court noted in Canadian Egg Marketing Agency v. Richardson, section 6 is connected with similar provisions in international bills of rights that Canada has recognized. The Universal Declaration of Human Rights (1948), for example, states under article 13 that "Everyone has the right to freedom of movement and residence within the borders of each State," and under article 23 that "Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment." Later, the International Covenant on Economic, Social and Cultural Rights recognized under article 6 that "the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts."

In United States of America v. Cotroni, the Court wrote that "the International Covenant on Political Rights, Article 12... contains no right to remain in one's own country, although it contains all the other rights listed in ss. 6(1) and 6(2)(a) of the Charter."

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