Purpose
Along with the language rights in the Charter (sections 16-23), section 6 was meant to protect Canadian unity. French Canadians, who have been at the centre of unity debates, are able to travel throughout all Canada and receive government and educational services in their own language. Hence, they are not confined to Quebec (the only province where they form the majority and where most of their population is based), which would polarize the country along regional lines.
According to the Supreme Court in Canadian Egg Marketing Agency v. Richardson (1998), section 6 is also "rooted in a concern with human rights." It allows for individual independence and thus dignity. This contrasts with implied mobility rights under the Constitution Act, 1867. Section 6 also grants Canadians economic rights, but only insofar as one has equal rights to pursue work. The safeguards against discrimination in subsection 6(3) shows mobility rights are "largely predicated on the right to equal treatment." This was connected with mobility rights in the Universal Declaration of Human Rights, which, under article 2, are guaranteed "without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status."
Dissenting in Canadian Egg Marketing Agency v. Richardson, Justice Beverley McLachlin wrote that section 6 is not only meant to protect individual rights but also to "promote economic union among the provinces," and in this way was related to section 121 of the Constitution Act, 1867. A person's mobility rights are a natural consequence of having a unified economy, though section 6, motivated by rights concerns, also expands these mobility rights to guard against discrimination.
When the Charter was negotiated in 1981, there was general agreement that section 6 would not affect extradition. As one politician named Mr. Tassé explained,
| “ | Perhaps I might mention that we do not see Clause 6 as being an absolute right: I will give you an example of a situation where a citizen would, in effect, lose his right to remain in the country: that would be by virtue of an order under the Extradition Act: if someone committed an offence in another country and he is sought in this country, he could be surrendered to the other country. | ” |
Read more about this topic: Section Six Of The Canadian Charter Of Rights And Freedoms
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