S3E4: Section 6 of the Charter

Charter: A Course - A podcast about Canadian Constitutional Law & Litigation

About the Series 

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne. 

Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.

Show Notes

This episode focuses on mobility rights in Canada. Mobility rights are enshrined in section 6 of the Charter of Rights and Freedoms and include the right to individual mobility, as well as the right to economic mobility, such as the right to pursue a livelihood in any province.

This episode will focus on individual mobility and the fundamental rights to enter, remain, move throughout, and leave Canada.

To help us unpack the meaning and extent of mobility rights under the Charter, we are joined by our guests Barbara Jackman and Paul Champ in the “Practice Corner.”

Find a FULL transcript of this episode HERE.

Case Links and other Resources

In this episode, the following cases, factum and paper were discussed:

Kamel v Canada (Attorney General) et al.. (2013) 448 N.R. 217 (FCA) (link to Supreme Court docket for leave to appeal, but Court denied leave)

Abdelrazik v. Canada (Minister of Foreign Affairs) (F.C.)

United States of America v. Cotroni [1989] 1 SCR 1469

Divito v. Canada (Public Safety and Emergency Preparedness) 2013 SCC 47

Canada v. Boloh 1(A), 2023 FCA 60 (CanLII)

Taylor v. Newfoundland and Labrador, 2020 NLSC 125 (CanLII)

About the Asper Centre 

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07). 

Thank You’s

Thank you to our wonderful guests on this episode, Barbara Jackman and Paul Champ!

Thank you to University of Toronto Faculty of Law JD student Daniel Kiesman, who helped with the production of this episode.

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions. 

Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course. Please consider contributing to your local food bank.

Thank you to our dedicated listeners!