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(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. (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.
Aboriginal title may not be alienated, except to the federal government or with the approval of Congress. Aboriginal title is distinct from the lands Native Americans own in fee simple and occupy under federal trust. The power of Congress to extinguish aboriginal title—by "purchase or conquest," or with a clear statement—is plenary and
Section 35 recognizes and affirms the treaty rights and Aboriginal rights of the Indigenous peoples in Canada. [20] The Constitution does not define Indigenous rights under Section 35, but they can include Aboriginal titles, rights to occupy and use land resources, self-government rights, and cultural and social rights.
They are often criticized and are a leading issue within the fight for First Nation rights. The Constitution Act, 1982 gave protection of First Nations and treaty rights under Section 35. It states: "Aboriginal and treaty rights are hereby recognized and affirmed." [4] This phrase was never fully defined.
[2] [3] Aboriginal peoples as a collective noun [4] is a specific term of art used in legal documents, including the Constitution Act, 1982, and includes First Nations, Inuit and Métis people. [ 5 ] [ 6 ] Canadian Aboriginal law provides certain constitutionally recognized rights to land and traditional practices.
25. The guarantee in this Charter of certain rights and freedoms shall not be construed as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including (a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and
It heard their concerns about Aboriginal and treaty rights, land title, self-determination, education, and health care. [5] After the consultations, Chrétien presented the government's White Paper to the House of Commons on June 25, 1969. [7] Trudeau's philosophy tended to favour individual rights over group rights.
Section 35 of the Constitution Act, 1982 "recognizes and affirms" the "existing" aboriginal and treaty rights in Canada. These aboriginal rights protect the activities, practice, or traditions that are integral to the distinct cultures of the aboriginal peoples. The treaty rights protect and enforce agreements between the Crown and aboriginal ...