Which is a permissible limitation on mobility rights under Section 6(3)?

Which is a permissible limitation on mobility rights under Section 6(3)?

• A. A general law in force in a province that does not discriminate based on province of present or previous residence
• B. A law that discriminates based on province of present residence
• C. A residency requirement for social services that discriminates on residence
• D. A federal ban on movement between provinces

Answer: (A)

Mobility rights can be restricted when the restriction comes from general provincial laws that apply to everyone, not just non-residents. Section 6(3) allows provinces to place limitations on the rights to move, take up residence, or pursue livelihood if those limits come from laws of general application that do not target people based on where they come from or where they currently live. In other words, a general rule that applies to all residents and non-residents alike is a permissible limitation because it serves provincial interests (like managing resources or ensuring services) without singling out people by their residence. The option describing a general provincial law that applies equally to all fits this idea. By contrast, rules that discriminate based on where someone currently resides or previously resided, or a residency requirement for social services, amount to targeted discrimination and are not permitted under Section 6(3). A federal ban on movement between provinces would also go beyond what Section 6(3 allows and would infringe the core mobility rights in Section 6(1) and (2).

Mobility rights can be restricted when the restriction comes from general provincial laws that apply to everyone, not just non-residents. Section 6(3) allows provinces to place limitations on the rights to move, take up residence, or pursue livelihood if those limits come from laws of general application that do not target people based on where they come from or where they currently live. In other words, a general rule that applies to all residents and non-residents alike is a permissible limitation because it serves provincial interests (like managing resources or ensuring services) without singling out people by their residence.

The option describing a general provincial law that applies equally to all fits this idea. By contrast, rules that discriminate based on where someone currently resides or previously resided, or a residency requirement for social services, amount to targeted discrimination and are not permitted under Section 6(3). A federal ban on movement between provinces would also go beyond what Section 6(3 allows and would infringe the core mobility rights in Section 6(1) and (2).