Mobility of the Immigrant – Permanent Residents and the Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms is one part of the Canadian Constitution. Since the Charter is part of the Constitution, the laws that limit the Charter rights may be invalid. It also means that the laws which complement the charter rights are valid. This makes the Charter among one of the most important referred documents in Canada.

A Constitution is a set of laws containing the basic rules about how our country operates like powers of federal and provincial Governments and related areas.

The Charter sets out those rights and freedoms that the Canadians believe are necessary in a free and a democratic society. These include the freedom of expression, the right to a democratic government and the right to live and to seek employment anywhere in Canada and other related areas.

Generally, any person in Canada, whether a Canadian citizen, a permanent resident living for a long time or a just landed Permanent resident, having gone through the Immigration process- all of them have the rights and freedoms contained in the Charter.

The rights to mobility within and outside Canada are defined by section (6) of the charter. Mobility rights in Canada are defined as the system of moving in and out of the country and within the country itself. As per this section, all the Canadian citizens and the permanent residents have the right to travel within Canada and work for a living in any of the provinces in the country.

The question of mobility becomes an important factor especially in case of the Canada Permanent Resident Visa applications approved under the Provincial Nominee Programs (PNP) for immigration. However, caution is required of the resident status holders who have given some money deposits to the provincial Governments as part of the visa selection process. If they decide to settle down in another state and not the one that is issued to them in the selection certificate while they may be able to retain the residency status citing the charter rights; they may loose the deposit given to the provincial Government. The deposit agreement terms normally require the holder to stay in the same province or the state for certain duration and also meet the other conditions of issuance mentioned in the selection certificate.

The applicants for Canada Immigration Visas should take comfort under the mobility rights offered under the charter and should accordingly decide on their settlement and relocation plans within Canada.

Ajay Sharma is an immigration expert who provides his valuable advice to people seeking immigration in countries like Canada, Denmark, USA, Australia and many others. With years of experience under his belt, he is the principal immigration consultant of ABHINAV.com, which is in business since 1994. Over the years, Abhinav has continually stood the test of time and has helped its clients in accomplishing their relocation dreams to foreign lands, successfully and smoothly.