Charter Cases: Section 6: Mobility Rights

Section 6 of the Charter of Rights and Freedoms:

6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.

(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right

a) to move to and take up residence in any province; and
b) to pursue the gaining of a livelihood in any province.

(3) The rights specified in subsection (2) are subject to

a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and
b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.

(4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada.

Sriskandarajah v. United States of America, 2012 SCC 70

The Appellants, Suresh Sriskandarajah and Piratheepan Nadarajah, were alleged to have provided support to a Sri Lankan terrorist organization, the Tamil Tigers. Sriskandarajah was alleged to have provided the Tigers with warship design software and communications equipment, and to have assisted with money laundering. Nadarajah was accused of attempting to acquire weapons on behalf of the organization. Neither Defendant was prosecuted in Canada; rather, the United States sought execution of both to be prosecuted there. Continue reading

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