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The section, while within the Constitution of Canada, falls outside the Canadian Charter of Rights and Freedoms. The section does not define the term "aboriginal rights" or provide a closed list; some examples of the rights that section 35 has been found to protect are fishing, logging, hunting, the right to land (cf. aboriginal title ) and the ...
Section 35(1) of the Constitution Act, 1982 says that "the existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed", while section 25 recognizes that rights in the Charter will not abrogate or derogate from existing or future aboriginal rights. By referencing these agreements in a ...
Section 35.1 commits the governments of Canada and the provinces "to the principle that, before any amendment is made [to subsection 91(24) of the Constitution Act, 1867, section 25 of the Charter or sections 35 or 35.1 of the Constitution Act, 1982]" that the Prime Minister will convene a conference of first ministers (i.e. provincial premiers ...
Section 21, 22 of the Constitution Act, 1867: In the Constitution under the name Newfoundland Act. British North America (No. 2) Act, 1949: 1949: Section 91 of the Constitution Act, 1867: Repealed in 1982. Statute Law Revision Act, 1950: 1950: Removed the redundant section 118 of the Constitution Act, 1867. Spent. British North America Act ...
R v Van der Peet, [1996] 2 S.C.R. 507 is a leading case on Aboriginal rights under section 35 of the Constitution Act, 1982. The Supreme Court held that Aboriginal fishing rights did not extend to commercial selling of fish. From this case came the Van der Peet test for determining if an Aboriginal right exists.
The section clarifies that the first 34 sections of the Constitution Act, 1982 may be collectively called the "Canadian Charter of Rights and Freedoms," which is an "official name." [1] This would be the name of the English version. The French version of section 34 states "Titre de la présente partie: Charte canadienne des droits et libertés ...
Section 147 of the Constitution Act, 1867; Section 35 of the Constitution Act, 1982; ... Unsuccessful attempts to amend the Canadian Constitution; V. Victoria Charter; W.
R v Sparrow, [1990] 1 S.C.R. 1075 was an important decision of the Supreme Court of Canada concerning the application of Aboriginal rights under section 35(1) of the Constitution Act, 1982.