THE BUSINESS OF MOBILITY: GEOGRAPHY, LIBERALISM, AND THE CHARTER OF RIGHTS

Inspired by some important inter-disciplinary work in both legal studies and human geography, I explore the vision of geography - with special reference to the theorization of mobility - that appears to be expressed within mainstream legal discourse. I argue that the legal account is premised on the privileging of certain components of liberal thought, including the individual, the private sphere, and concepts of frictionless spatial mobility. I try to demonstrate that this vision is partial and selective and ignores an alternative and insistent account of the geography of social life that appears prevalent within civil society. Evidenced by the reactions of many small towns to threats of economic dislocation, the emphasis here appears to be one that elevates concepts of place and the community. Drawing upon recent higher court decisions in British Columbia concerning the meaning of section 6 (mobility rights) of the Canadian Charter of Rights and Freedoms, I argue, firstly, that the legal vision is ultimately indeterminate and contingent but, secondly, that its hegemony has certain implications for social life, social justice, and the city.