Section 35 of the Constitution Act 1982
  • The Canadian Constitution is comprised of the Constitution Act of 1867 and the Constitution Act of 1982, both of which outline several key components that define our lives, and the lives of Indigenous peoples today.
  • Section 35 of the Constitution Act of 1982 is historically known for explicitly recognizing the treaty rights and individual rights of Indigenous peoples in Canada along with identifying the term "Aboriginal peoples" which includes First Nation, Inuit and Métis peoples.
  • Furthermore, section 25 of the 1982 Constitution states that the rights recognized in Section 35 cannot be superseded by any provisions of the Charter.
Citation

Canada. Immigration, Refugees and Citizenship Canada. INAN - Section 35 of the Constitution Act 1982 - Background - Jan 28, 2021. 2021. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/committees/inan-jan-28-2021/inan-section-35-consitution-act-1982-background-jan-28-2021.html

Further Readings

For more information on the Constitution Act of 1982, Section 35: https://indigenousfoundations.arts.ubc.ca/constitution_act_1982_section_35/

Policy Sub-Topic
Legislation, Land Claims and Self-Government (Indigenous Peoples)
Policy Type
Federal Statute

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