Section 35 Constitution Act 1982 (Rights of the Aboriginal Peoples)

OTHER CANADIAN LAWS 1. Rights and freedoms in Canada. 2. Fundamental freedoms. 3. Democratic rights of citizens. 4. Maximum duration of legislative bodies. 5. Annual sitting of legislative bodies. 6. Mobility of citizens. 7. Life, liberty and security of person. 8. Search or seizure. 9. Detention or imprisonment. 10. Arrest or detention. 11. Proceedings in criminal and penal matters. 12. Treatment or punishment. 13. Self-crimination. 14. Interpreter. 15. Equality before and under law and equal protection and benefit of law. 16. Official languages of Canada. 16.1. English and French linguistic communities in New Brunswick. 17. Proceedings of Parliament. 18. Parliamentary statutes and records. 19. Proceedings in courts established by Parliament. 20. Communications by public with federal institutions. 21. Continuation of existing constitutional provisions. 22. Rights and privileges preserved. 23. Language of instruction. 24. Enforcement of guaranteed rights and freedoms. 25. Aboriginal rights and freedoms not affected by Charter. 26. Other rights and freedoms not affected by Charter. 27. Multicultural heritage. 28. Rights guaranteed equally to both sexes. 29. Rights respecting certain schools preserved. 30. Application to territories and territorial authorities. 31. Legislative powers not extended. 32. Application of Charter. 33. Exception where express declaration. 34. Citation. 35. Recognition of existing aboriginal and treaty rights. 35.1. Commitment to participation in constitutional conference. 36. Commitment to promote equal opportunities. 37. Repealed. 38. General procedure for amending Constitution of Canada. 39. Restriction on proclamation. 40. Compensation. 41. Amendment by unanimous consent. 42. Amendment by general procedure. 43. Amendment of provisions relating to some but not all provinces. 44. Amendments by Parliament. 45. Amendments by provincial legislatures. 46. Initiation of amendment procedures. 47. Amendments without Senate resolution. 48. Advice to issue proclamation. 49. Constitutional conference. 50. Section 92A, Constitution Act, 1867 51. Sixth Schedule, Constitution Act, 1867 52. Primacy of Constitution of Canada. 53. Repeals and new names. 54. Repeal and consequential amendments. 55. French version of Constitution of Canada. 56. English and French versions of certain constitutional texts. 57. English and French versions of this Act. 58. Commencement. 59. Commencement of paragraph 23(1)(a) in respect of Quebec. 60. Short title and citations. 61. References Schedule (Not available)

Section 35 Constitution Act 1982

Section 35 Constitution Act 1982 is about Recognition of existing aboriginal and treaty rights. It is under Part II (Rights of the Aboriginal Peoples of Canada) of the Act.

Recognition of existing aboriginal and treaty rights

 (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.

See also  Section 38.2 Canadian Human Rights Act 1985

Definition of “aboriginal peoples of Canada”

(2) In this Act, “aboriginal peoples of Canada” includes the Indian, Inuit and Métis peoples of Canada.

Land claims agreements

(3) For greater certainty, in subsection (1) “treaty rights” includes rights that now exist by way of land claims agreements or may be so acquired.

Aboriginal and treaty rights are guaranteed equally to both sexes

(4) Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons.

See also:

– Section 34 Constitution Act 1982

– Section 33 Constitution Act 1982

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