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While ordinarily, section 25 could have been amended with the standard 7/50 amending formula, this change was also carried out with agreement of aboriginal leaders. At the same time, the Constitution Act, 1982 was amended to add section 35.1.
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 ...
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.
The United Kingdom thus renounced any remaining responsibility for, or jurisdiction over, Canada. In a formal ceremony on Parliament Hill in Ottawa, Queen Elizabeth II proclaimed the Constitution Act, 1982 into law on April 17, 1982. [15] The Constitution Act, 1982, includes the Canadian Charter of Rights and Freedoms. Before the Charter ...
After dramatic protests by Native Canadians, who felt this clause did not sufficiently protect aboriginal rights, it was abandoned and section 35 of the Constitution Act, 1982, as well as a stronger section regarding the Charter and aboriginal rights, section 25, were added to the Constitution of Canada instead. [8]
The constitutional amendments of 1982 included Section 35 of the Constitution Act which recognized Aboriginal rights and treaty rights but did not define these. [5] In 1983, the Special Committee of the House of Commons on Indian Self-Government, released its report (also called the Penner Report after committee chair Keith Penner). It ...
The rights exclusive to Indians in the Indian Act [7] are beyond legal challenge under the Constitution Act, 1982. Section 25 of the Constitution Act, 1982 provides that the Canadian Charter of Rights and Freedoms shall not be interpreted as negating Aboriginal, treaty or other rights of Canada's Aboriginal peoples.
In this case section 28 is inapplicable to Aboriginal rights, since Aboriginal rights are protected by section 35 of the Constitution Act, 1982 rather than the Charter (which constitutes sections 1-34 of the Constitution Act, 1982). However, while the Charter does not guarantee Aboriginal rights, section 25 does mention Aboriginal rights. The ...