FREEDOM OF MOBILITY

Freedom of Mobility, The Charter and the Politics of a Pandemic. 

By: Justin Brkovic BA MSEd 

Enshrined in our Constitution are Mobility Rights, Health-Care for Citizens under provincial powers and a pandemic which has complicated the matter and maybe illuminated a weakness in our constitutional system.  The framers at confederation saw the need of Healthcare to fall under Provincial Powers.  The reasons for that are many; yet, as the pandemic will illustrate change to a fully federally regulated system are needed. Well how so? Many use the old adage, “if it is not broke, do not fix it.” Well, this pandemic definitely displays the flaws in Provicially regulated systems, and a needed time for change. The non-uniform concentration of systems that can handle the pandemic and others that have had a harder time displays this need.  Yes, population density, access to care and other measures taken by all levels of government show cooperation, however, a more centralized effort might be in all our interests the next time this happens. 

As a result, this entry will examine the constitutional relevance of change needed.  It will delve into the past and historically explain how the framers of the constitution could not have seen these modern conditions and realize that they made a error one that we must change with constitutional change.  The change needed then would be to further centralize Health Care into a Federally Regulated equal access to all who live in this land to conform with more realized Mobility Rights. 

Definition of Terms: 

This document refers to the applied definitions found in Canada’s Constitutions Act 1867 and 1982.¹  I will take these definitions as known, but will have to express need of more “Realized Mobility Rights.” More Realized Mobility Rights would be to use section BNA Act 92(7)² and Constitution Act 1982(6)³: 

92(7).  

The Establishment, Maintenance, and Management of Hospitals, Asylums, Charities, and Eleemosynary Institutions in and for the Province, other than Marine Hospitals. 

Constitution Act 1982 

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

• Marginal note:Rights to move and gain livelihood 

(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. 

• Marginal note:Limitation 

(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. 

• Marginal note:Affirmative action programs 

(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 are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada. 

When I define more realization it means that no waiting period be placed on a worker, professional or any other individual who looks for better life prospects.  The holding period can cause disaster during a pandemic and major costs to others.  The pregnant, mentally ill, and everyone looking for better economic prospects know what is described here.  As an educator, many are moving out west and east because of job prospects.  Ontario and Quebec teacher markets are saturated and a lot move right or left.  The holding period can be costly if you run into health issues for you and your family, leaving you with a hefty medical bill one that can put you on hold on service lines for years and some still not resolved. 

Without getting to detailed anyone who would like to know my families experience can contact me at justinbrkovic@gmail.com.  As the constitution and charter reference we have mobility rights but they are limited.  The framers of the constitution placed healthcare under the provincial authority mostly to accommodate Catholic Healthcare in Quebec.  Times are changing and even the cross in the Quebec National Assemble have been taken down.  As a result, we need to change to a federally regulated system with input for all regional and provincial needs.  I am sure a Federally regulated system can and will address these issues and create a uniform discrimination free environment with equal access to all who live in this land, but first constitutional changes are needed to enact any progress and freedom of mobility.