Section 6 Of The Canadian Charter Of Rights And Freedoms
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Section 6 Of The Canadian Charter Of Rights And Freedoms
Section 6 of the ''Canadian Charter of Rights and Freedoms'' is the section of the Canadian Constitution that protects the mobility rights of Canadian citizens, and to a lesser extent that of permanent residents. By mobility rights, the section refers to the individual practice of entering and exiting Canada, and moving within its boundaries. The section is subject to the section 1 Oakes test, but cannot be nullified by the notwithstanding clause. Along with the language rights in the ''Charter'' ( sections 16– 23), section 6 was meant to protect Canadian unity. Text Under the heading "Mobility Rights", the section reads, Background Before the adoption of the ''Charter'' in 1982, mobility rights had existed by virtue of section 91 of the ''Constitution Act, 1867'', which gave the federal government full jurisdiction over citizenship. Citizens were free to move across provincial borders and live wherever they chose to. Only the federal government could limit this right. ...
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Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the ''Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the '' Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. As a federal statute, the ''Bill of Rights'' could be amended through the ordinary legislative process and had no application to provincial laws. The ...
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Patriation
Patriation is the political process that led to full Canadian sovereignty, culminating with the Constitution Act, 1982. The process was necessary because under the Statute of Westminster 1931, with Canada's agreement at the time, the Parliament of the United Kingdom, British parliament had retained the power to amend Canada's British North America Acts, Constitution Acts (Statute of Westminster sec. 7(1)), and to enact more generally for Canada at the request and with the consent of the Dominion (sec. 4). That authority was removed from the UK by the enactment of the Canada Act 1982 on March 29, 1982, by the Parliament of the United Kingdom, as requested by the Parliament of Canada. Patriation was subsequently confirmed by the Constitution Act, 1982, part of the Canada Act 1982. A proclamation bringing the Constitution Act, 1982 into effect was signed by Elizabeth II, as Queen of Canada, Prime Minister Pierre Trudeau and Minister of Justice Jean Chrétien on April 17, 1982, on Par ...
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