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OTTAWA – The Supreme Court of Canada released its decision today in Taylor v. Canada, recognizing that Canadians have a broad constitutional right to travel freely between provinces.

Siding with the Canadian Constitution Foundation (the CCF), the Court found that section 6 of the Charter provides a broad right to mobility simpliciter. 

Justices Karakatsanis and Martin relied directly on the CCF’s arguments that other parts of the Charter were necessary for understanding the purpose and extent of the mobility right. The justices also relied on legislative debates provided by the CCF. 

CCF Executive Director Christine Van Geyn was relieved to see the Court protect a broad right to movement in Canada.

“This case was always about the scope of the section 6 right,” Van Geyn said. “The government’s position was that you don’t have a right to travel freely around the country, and the Court disagreed and accepted the CCF’s arguments, so this is a big win for free movement.”

“It’s one thing to say your section 6 right to mobility can be limited under section 1 of the Charter,” Van Geyn explained. “It’s another thing entirely to say that the section 6 right to move freely about the country doesn’t exist at all. That was the government’s outrageous position and they were defeated entirely on that position, guided by arguments from the CCF.”

The case arose after Nova Scotia resident Kimberley Taylor was denied entry into Newfoundland in May 2020 to attend her mother’s funeral due to COVID-19 travel restrictions. The CCF intervened in this case to argue that section 6 protects Canadians’ right to move freely between provinces, even in times of crisis. 

Josh Dehaas, Interim Litigation Director for the CCF, said the ruling recognizes that there are clear limits on provinces when they attempt to shut down provincial borders.

The CCF thanks Jessica L. Kuredjian and Hardeep Dhaliwal of Cassels Brock & Blackwell LLP for their expert representation in this case.

“This ruling affirms that imposing mobility restrictions on Canadians – specifically the right to move between provinces for any reason – is a serious infringement of liberty that contravenes sections 6(1) and 6(2) of the Charter,” said Kuredjian. “The Supreme Court of Canada has sent the message that governments must exercise considerable care when restricting movement, even in emergencies. We are pleased that the court adopted CCF’s position.”