MarylandNed

If you actually read the opinions in the Black case, you'll find that Section 1 did not save Alberta's attempt to restrict the mobility rights guaranteed by Section 6. This is not the only case - there are others. Do the research.

Restricting PR to a province is not a valid concept - it's simply not an idea that would be stable when exposed to air! Permanent Residence is a FEDERAL concept - if you are a PR, you are a PR of CANADA! If you think someone would even attempt restricting PR to a province, you are simply delusional. How on earth would this work? Would Nova Scotia stop a PR from moving to Alberta? By what mechanism? How could they do this if even Alberta can't stop a PR from moving to Alberta? How could the federal government do this if Alberta can't stop a PR moving to Alberta? What you are suggesting would require a change to the Constitution! That is simply not going to happen.

The much better and easier option is to simply issue a "provincial TWP" and let the immigrants convert to PR status some time later. Why on earth would someone even attempt to create a "provincial Permanent Resident" concept when they could simply issue a TWP instead of PR status?

Here's another problem for you. In Black v. The Law Society of Alberta, the Supreme Court of Canada ruled that a citizen/PR can pursue a livelihood in a province without being there personally. This guarantees the right of a PR in Nova Scotia to work remotely from home (e.g. as a software developer) for an employer based in Alberta. How on earth would you stop this when Section 6 guarantees that right and there's a Supreme Court ruling upholding that right?

Jim Humphries

I think this subject has been thoroughly aired and it is obvious that a new PR under the PNP flag is probably only under moral suasion to make the effort to settle in the selecting province. You guys are arguing about potential ways to enforce settlement and that is clearly problematic. Provinces only select.

MarylandNed

Exactly! The provinces lose all control once PR status is obtained.

bobthedog

I am not saying anyone should do so. I am simply saying that it is wrong. If yo move to Canada then you would do so as a fresh start. It is a truly golden opportunity to do this, bt to start your new life in a deceptive manner is simply wrong. From my own standpoint, if I didn't wish to live in MB then I would not have said I did.

You know, a member on here recently moved to the East. They were here more than 3 years and decided, in the end, to move somewhere where the winter is less likely to be as brutal. I understand that and see no issue with it. But those who never intend to stay somewhere and move away at the first chance are morally wrong.

MarylandNed

I completely agree. If it could be proven that someone lied during the application process, then I think those people should be stripped of PR status.

Almost Canadian

OK, quite clearly, you do not understand what I am saying and it appears that it is pointless to continue this debate with you. You are, of course, quite correct in everything that you say

I did not obtain my PR via PNP and I do not live in any of the Provinces that are struggling to retain PRs that obtained their PR via the generosity of a Province. The debate makes no difference to my life at all. As I said above. s.1 and other sections in the Charter allow either the Federal Government or a Provincial Government to limit the provisions of s.6 of the Charter. It woud require appropriate legislation which hasn`t been done yet. To say it is impossible to do so is simply incorrect.

MarylandNed

It has been done. Alberta tried it and failed. In the Black v. Alberta case, section 1 did not save Alberta.

Sections 1 and 6 are below. There is no way that anyone can use section 1 to come up with something that contradicts section 6. Think about what you're saying. According to you, section 1 could be used as the basis for enacting a law to limit 6(2). Do you seriously think that it "can be demonstrably justified in a free and democratic society" (section 1) to limit the rights of PR's to live and work anywhere in the country?

Or are you saying the Charter itself could be amended? If so, someone could say it's possible that the Charter could be amended to prevent Canadian citizens from leaving, remaining in or entering the country. How likely is that to succeed?

1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.

(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right

(a) to move to and take up residence in any province; and
(b) to pursue the gaining of a livelihood in any province.
(3) The rights specified in subsection (2) are subject to

(a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and
(b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.
(4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who were socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada.