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This persisted until some of their leaders, the National Indian Brotherhood, the Inuit Tapirisat of Canada, and the Native Council of Canada (now the Congress of Aboriginal Peoples), were appeased by the addition of sections 25 and 35 to the Constitution Act, 1982. [3] The rights to which section 25 refers explicitly include those in the Royal ...
The Constitution of Canada is a large number of documents that have been entrenched in the constitution by various means. Regardless of how documents became entrenched, together those documents form the supreme law of Canada; no non-constitutional law may conflict with them, and none of them may be changed without following the amending formula given in Part V of the Constitution Act, 1982.
Section 25 states that the Charter does not derogate existing Aboriginal rights and freedoms. Aboriginal rights, including treaty rights, receive more direct constitutional protection under section 35 of the Constitution Act, 1982. Section 26 clarifies that other rights and freedoms in Canada are not invalidated by the Charter. Section 27
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 ...
It found that the overarching purposes of the Constitution Act, 1867 were settlement, expansion and development of the Dominion; that building a transcontinental railroad was integral to those purposes, that section 91(24) of the Constitution Act, 1867, the power over "Indians," was related to these purposes, that by section 91(24) the Framers ...
In 1982, Indigenous and treaty rights were recognized in Section 35 of the Constitution Act, becoming part of the Canadian Constitution. [9] Section 35 protects the existing indigenous treaty rights and "Indian Status" includes all First Nations peoples, now including Inuit and Métis. However, there is still much ambiguity to that section, and ...
Patriation is the political process that led to full Canadian sovereignty, culminating with the Constitution Act, 1982.The process was necessary because, at the time, under the Statute of Westminster, 1931, and with Canada's agreement, the British Parliament retained the power to amend Canada's British North America Acts and to enact, more generally, for Canada at the request and with the ...
Constitution Act, 1867 (UK), 30 & 31 Victoria, c. 3 (UK). Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B of the Canada Act 1982 (UK), 1982, c. 11 (UK). [7] Another option is to cite to reproductions of the constitutional enactments in Appendix II of the Revised Statutes of Canada 1985.