Post Midterm
to Final
Happy
Studying
, Mobility Rights - s6 of the Charter of Rights and Freedoms
There are 2 aspects to mobility rights • International mobility
• Interprovincial mobility
mobili,a
~ also caldona ty
country
.
>
-
"interprovinciaelity
"
6(1) - International Mobility
Enter, This is the right to go in & out of Canada, as you please.
Leave, WHO gets this right - Only citizens of Canada
(most of their rights& freedom, they belong to everyone, but when it comes to mobility, ind out of Canada,
Stay
this is strictly for Canadian citizens.) It means that Canadian citizens have a
Constitutional right to enter Canada, from outside. They have a Constitutional right to leave
Gov't can't stop you from leaving.
Citizens also have a right to remain here -> can't be deported by our own govt.
Eg. BORDER CROSSING - ENTERING
This helps to explain why there's different treatment at the border when coming in Canada.
Eg. Canadian citizen standing in line at YVR, speaking to a CBSA (Canada Border Service Agency)
-
officer -> present Canadian passport -> won't ask about purpose of visit since not visiting, won't ask how long
he's staying. A: As long ashe wants! Canadian citizens have a Constitutional right to be here.
US citizen coming in -> diff sets of questions The only questions he’ll be asking
or other -what's the purpose of your visit? are custom, tax questions.
(Non-Canadians) -How long will you be staying in Canada? - did you purchase anything while
-What will you be doing while you're here? you were away?
-Where will you be staying?
↳ it depends on how far they want to go. They're evaluating whether to let the person into Canada at all.
↳ as a non-citizen, they don't have the constitutional right to enter.
Eg. BORDER CROSSING - LEAVING
When Canadia citizens leave the country, what we take for granted is the fact that we don't have to
check in with anybody. -> no need to ask permission from the govt.
There's no process for checking in on the way out.
If we want to leave, we just go.
In many countries, people don't have this right. Many of these gort put up barriers, effectively
blocking their citizens from leaving -> prisoners of their own country eg. North Korea.
,S6 (1) interprovincial mobility -
the right to move freely within Canada, whether to more to other provinces to live
there, or whether to move to other provinces to work, get a job, employment.
We have a Constitutional right to do this. For Canadian citizens AND any person who has a status of a
permanent resident of Canada. (PR. What does PR mean? They can leave but do not have the right to
come back in - As a permanent resident, if you leave Canada, & come back, the CBSA officers can stop
you, question you, and see if you still meet the conditions of your permanent residency & allow to come
back in the country -> PR don’t have the Constitutional right to come back in.
* Only citizens have the right to come in - s6(1)
The Permanent Residency is the best immigration status one can have short of being a citizen. Most
people become a permanent resident as a step towards citizenship, after a few more years, aside
from some other conditions, they'll take on full citizenship and have all the rights of citizenship.
Various immigration status:
Temporary Resident: someone coming to Canada for a short vacation, holiday, tourism, visitors.
↳ No way as good as PR. PR has the right to live here, work here.
Citizens AND PR have inter-mobility right - s6(2)
if they want to more to Alberta, the govt can't stop them.
if they want to take a job in Toronto, they can do that. The government can’t stop them.
Why would the govt try to stop you?
Generally, they don't
Recently, Alberta has been running radio ad to encourage ppl from BC to more to Alberta.
↳ a reversal from 10 years ago when thousands moved from Alberta to BC
Now, Alberta's been doing much better. Housing is cheaper in Edmonton.
There migh be circumstances where the govt is spending on a big project, eg. building a big bridge
And they want those public dollars to only go to the residents of that province, they'd try to put
restriction that says “Only resident of Province are allowed to work on this project. "
- e r ro r i s m
↳ this would be unconstitutional
(Because it puts up a barrier to a citizen or PR moving to
that province to take up that job.)
s6(1)international mobility
s6(2)interprovincial mobility
(End of Mobility Rights)
, Legal Rights - Section 7-14
The reason we call these "Legal Rights" is because they are rights that typically become relevant when one is in
some kind of legal trouble.
&
-being investigated
-searched that's typically when these rights s7-14 arise
-arrested, detained
-prosecuted
Section 7
Of all the legal rights, s7 has the broadest application, arguably is one of the most significant Charter rights
in reshaping Canadian Society Since 1982
↓ &
- -
First of all, who has the right? -> Everyone!
eg, someone could have illegally crossed the border, they fall under the meaning/definition
of "everyone". If they get picked up by CBSA for crossing the border& being in Canada
unlawfully, they will have these legal rights, just like everyone else does.
in s. 7, the are three rights: life, liberty, security.
-
1. Right to life: the govt can't kill us. There are ppl who flee to Canada,
seeking refugee because their govt
↳ we don't have instance where the govt sets out to kill
try to kill them
people, and because of that, there is essentially
no case law on the right to life under s. 7.
=> death penalty was still available, legally (1960), => we don't even have a death penalty in Canada
there was no execution after 1963. In 1976, it'd be unconstitutional. If everyone has the right to
Parliament of Canada abolish it entirely. Like most life, that'd include ppl convicted of murder. It doesn't
democratic countries in the world mean they don't get punish, it's just that the govt
-Western European countries (no death pen) doesn't have the right to take their life from them.
-Australia (no death pen),
-Israel (no death pen)
truck -buy more electric cars.
Instead of forcing ppl to buy, govt
set up manufacturer has to sell.
With the exception of some states in USA, it tends to be
The Charter of rights protect us against
practiced by authoritarian dictatorships. Iran prob has
the govt
the highest execution rate in the world. North Korea, ↳ not other ppl
China ↳ not businesses
restriction on govt power
to Final
Happy
Studying
, Mobility Rights - s6 of the Charter of Rights and Freedoms
There are 2 aspects to mobility rights • International mobility
• Interprovincial mobility
mobili,a
~ also caldona ty
country
.
>
-
"interprovinciaelity
"
6(1) - International Mobility
Enter, This is the right to go in & out of Canada, as you please.
Leave, WHO gets this right - Only citizens of Canada
(most of their rights& freedom, they belong to everyone, but when it comes to mobility, ind out of Canada,
Stay
this is strictly for Canadian citizens.) It means that Canadian citizens have a
Constitutional right to enter Canada, from outside. They have a Constitutional right to leave
Gov't can't stop you from leaving.
Citizens also have a right to remain here -> can't be deported by our own govt.
Eg. BORDER CROSSING - ENTERING
This helps to explain why there's different treatment at the border when coming in Canada.
Eg. Canadian citizen standing in line at YVR, speaking to a CBSA (Canada Border Service Agency)
-
officer -> present Canadian passport -> won't ask about purpose of visit since not visiting, won't ask how long
he's staying. A: As long ashe wants! Canadian citizens have a Constitutional right to be here.
US citizen coming in -> diff sets of questions The only questions he’ll be asking
or other -what's the purpose of your visit? are custom, tax questions.
(Non-Canadians) -How long will you be staying in Canada? - did you purchase anything while
-What will you be doing while you're here? you were away?
-Where will you be staying?
↳ it depends on how far they want to go. They're evaluating whether to let the person into Canada at all.
↳ as a non-citizen, they don't have the constitutional right to enter.
Eg. BORDER CROSSING - LEAVING
When Canadia citizens leave the country, what we take for granted is the fact that we don't have to
check in with anybody. -> no need to ask permission from the govt.
There's no process for checking in on the way out.
If we want to leave, we just go.
In many countries, people don't have this right. Many of these gort put up barriers, effectively
blocking their citizens from leaving -> prisoners of their own country eg. North Korea.
,S6 (1) interprovincial mobility -
the right to move freely within Canada, whether to more to other provinces to live
there, or whether to move to other provinces to work, get a job, employment.
We have a Constitutional right to do this. For Canadian citizens AND any person who has a status of a
permanent resident of Canada. (PR. What does PR mean? They can leave but do not have the right to
come back in - As a permanent resident, if you leave Canada, & come back, the CBSA officers can stop
you, question you, and see if you still meet the conditions of your permanent residency & allow to come
back in the country -> PR don’t have the Constitutional right to come back in.
* Only citizens have the right to come in - s6(1)
The Permanent Residency is the best immigration status one can have short of being a citizen. Most
people become a permanent resident as a step towards citizenship, after a few more years, aside
from some other conditions, they'll take on full citizenship and have all the rights of citizenship.
Various immigration status:
Temporary Resident: someone coming to Canada for a short vacation, holiday, tourism, visitors.
↳ No way as good as PR. PR has the right to live here, work here.
Citizens AND PR have inter-mobility right - s6(2)
if they want to more to Alberta, the govt can't stop them.
if they want to take a job in Toronto, they can do that. The government can’t stop them.
Why would the govt try to stop you?
Generally, they don't
Recently, Alberta has been running radio ad to encourage ppl from BC to more to Alberta.
↳ a reversal from 10 years ago when thousands moved from Alberta to BC
Now, Alberta's been doing much better. Housing is cheaper in Edmonton.
There migh be circumstances where the govt is spending on a big project, eg. building a big bridge
And they want those public dollars to only go to the residents of that province, they'd try to put
restriction that says “Only resident of Province are allowed to work on this project. "
- e r ro r i s m
↳ this would be unconstitutional
(Because it puts up a barrier to a citizen or PR moving to
that province to take up that job.)
s6(1)international mobility
s6(2)interprovincial mobility
(End of Mobility Rights)
, Legal Rights - Section 7-14
The reason we call these "Legal Rights" is because they are rights that typically become relevant when one is in
some kind of legal trouble.
&
-being investigated
-searched that's typically when these rights s7-14 arise
-arrested, detained
-prosecuted
Section 7
Of all the legal rights, s7 has the broadest application, arguably is one of the most significant Charter rights
in reshaping Canadian Society Since 1982
↓ &
- -
First of all, who has the right? -> Everyone!
eg, someone could have illegally crossed the border, they fall under the meaning/definition
of "everyone". If they get picked up by CBSA for crossing the border& being in Canada
unlawfully, they will have these legal rights, just like everyone else does.
in s. 7, the are three rights: life, liberty, security.
-
1. Right to life: the govt can't kill us. There are ppl who flee to Canada,
seeking refugee because their govt
↳ we don't have instance where the govt sets out to kill
try to kill them
people, and because of that, there is essentially
no case law on the right to life under s. 7.
=> death penalty was still available, legally (1960), => we don't even have a death penalty in Canada
there was no execution after 1963. In 1976, it'd be unconstitutional. If everyone has the right to
Parliament of Canada abolish it entirely. Like most life, that'd include ppl convicted of murder. It doesn't
democratic countries in the world mean they don't get punish, it's just that the govt
-Western European countries (no death pen) doesn't have the right to take their life from them.
-Australia (no death pen),
-Israel (no death pen)
truck -buy more electric cars.
Instead of forcing ppl to buy, govt
set up manufacturer has to sell.
With the exception of some states in USA, it tends to be
The Charter of rights protect us against
practiced by authoritarian dictatorships. Iran prob has
the govt
the highest execution rate in the world. North Korea, ↳ not other ppl
China ↳ not businesses
restriction on govt power
