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Canadian Charter of Rights and Freedoms

Section 6: Mobility Rights

Constitutional text, simplified legal explanation, key principles and selected Supreme Court precedents.

Charter Section

Constitutional text

Every citizen of Canada has the right to enter, remain in and leave Canada. Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right to move to and take up residence in any province; and to pursue the gaining of a livelihood in any province.

The wording above is a concise constitutional-text presentation for this page. Use the official Justice Laws source below for the complete current text and all subsections.

Simplified legal explanation

Section 6 protects important movement and residence rights. Citizens have the right to enter, remain in and leave Canada. Citizens and permanent residents have constitutional rights to move to and reside in another province and, subject to the limits in section 6, pursue a livelihood there.

Key constitutional points

1.

Section 6(1) protects the citizen’s right to enter, remain in and leave Canada.

2.

Section 6(2) protects movement, residence and livelihood rights for citizens and permanent residents.

3.

Section 6(3) expressly recognizes limitations, including certain laws of general application and reasonable residency requirements for social services.

4.

Section 6(4) provides an additional rule concerning residency requirements in provinces where employment opportunities are relatively limited.

Selected Supreme Court precedents

Interprovincial Professional Practice — Black v. Law Society of Alberta (1989)

The Supreme Court held that an Alberta Law Society rule restricting interprovincial law-firm partnerships infringed section 6(2)(b) mobility rights and was not saved by the applicable constitutional limits. The decision demonstrates that professional regulation can engage mobility rights when it substantially restricts the right to pursue a livelihood across provincial boundaries.

How to verify the law

Constitutional summaries are useful for orientation, but the exact constitutional text and current Supreme Court jurisprudence should be consulted for a legal question. Selected cases on this page explain important principles but do not constitute a complete case digest.

Official references

Frequently Asked Questions

No. It provides an educational explanation of the specified Charter section and selected Supreme Court jurisprudence. Constitutional outcomes depend on the precise facts, applicable legislation, procedural history and current case law. A specific legal matter should be reviewed with a qualified Canadian lawyer or an appropriate legal clinic.

The Charter primarily applies through section 32 to Parliament, the federal government, provincial legislatures and provincial governments. It is not a general private-law code governing every dispute between private parties. Charter principles can nevertheless become relevant where an entity is exercising a governmental function or implementing government policy, depending on the circumstances and Supreme Court jurisprudence.

Yes. Section 1 permits reasonable limits prescribed by law that can be demonstrably justified in a free and democratic society. The government must satisfy the applicable constitutional justification framework. A statutory restriction therefore does not become constitutional simply because it was enacted by legislation.

No. Section 33 applies only to section 2 and sections 7 to 15. It does not override sections 3, 6 or 23, for example. A declaration also ceases to have effect after five years unless it is re-enacted.

Yes. Many Charter rights apply to permanent residents because the Charter uses “everyone” or “every individual” for numerous rights. Section 6(2), for example, expressly grants mobility rights to Canadian citizens and permanent residents. Some rights are citizen-specific, including the voting right in section 3 and the minority-language education right in section 23, which has its own citizenship and language criteria.

The authoritative federal source is the Justice Laws Website, which publishes the Constitution Acts, 1867 to 1982, including Part I of the Constitution Act, 1982 containing the Canadian Charter of Rights and Freedoms. The Department of Justice also publishes Charterpedia materials explaining individual Charter provisions.
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Constitutional authority

The Canadian Charter of Rights and Freedoms forms Part I of the Constitution Act, 1982. The Constitution is supreme law in Canada, and section 52(1) provides that an inconsistent law is of no force or effect to the extent of the inconsistency.

The Charter primarily governs Parliament, governments, legislatures and governmental action within the scope specified by section 32.

This section in context

ProvisionSection 6
SubjectMobility Rights
SourceConstitution Act, 1982 — Part I

Educational use

This page is designed for general education and newcomer orientation. A constitutional question involving a real dispute should be assessed using the current legislation, procedural history and binding jurisprudence.