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Section 35 of the Constitution Act, 1982

Index Section 35 of the Constitution Act, 1982

Section 35 of the Constitution Act, 1982 provides constitutional protection to the indigenous and treaty rights of indigenous peoples in Canada. [1]

32 relations: Aboriginal title, Amendments to the Constitution of Canada, Canadian Aboriginal law, Canadian Charter of Rights and Freedoms, Common law, Constitution Act, 1982, Constitution of Canada, Extinguishment, Fiduciary, Government of Canada, Haida Nation v British Columbia (Minister of Forests), Indian Act, Indian Health Transfer Policy, Indigenous peoples in Canada, Indigenous rights, Indigenous self-government in Canada, Individual and group rights, Musqueam Indian Band, Natural and legal rights, Numbered Treaties, Peter Hogg, R v Sparrow, R v Van der Peet, Rainer Knopff, Section 1 of the Canadian Charter of Rights and Freedoms, Section 24 of the Canadian Charter of Rights and Freedoms, Section 25 of the Canadian Charter of Rights and Freedoms, Section 33 of the Canadian Charter of Rights and Freedoms, Ted Morton, The Canadian Crown and Indigenous peoples of Canada, Treaty rights, Unsuccessful attempts to amend the Canadian Constitution.

Aboriginal title

Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism.

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Amendments to the Constitution of Canada

Amendments to the Constitution of Canada are changes to the Constitution of Canada.

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Canadian Aboriginal law

Canadian Aboriginal law is the body of Canadian law that concerns a variety of issues related to Indigenous peoples in Canada.

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Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms (La Charte canadienne des droits et libertés), in Canada often simply the Charter, is a bill of rights entrenched in the Constitution of Canada.

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Common law

Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals.

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Constitution Act, 1982

The Constitution Act, 1982 (Schedule B of the Parliament of the United Kingdom's Canada Act 1982) is a part of the Constitution of Canada.

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Constitution of Canada

The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions.

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Extinguishment

Extinguishment is the destruction of a right or contract.

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Fiduciary

A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons).

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Government of Canada

The Government of Canada (Gouvernement du Canada), formally Her Majesty's Government (Gouvernement de Sa Majesté), is the federal administration of Canada.

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Haida Nation v British Columbia (Minister of Forests)

Haida Nation v British Columbia (Minister of Forests), 3 S.C.R. 511 is the leading decision of the Supreme Court of Canada on the Crown duty to consult Aboriginal groups prior to exploiting lands to which they may have claims.

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Indian Act

The Indian Act (An Act respecting Indians, Loi sur les Indiens), (the Act) is a Canadian Act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves.

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Indian Health Transfer Policy

The Indian Health Transfer Policy of Canada, provided a framework for the assumption of control of health services by Aboriginal Canadians and set forth a developmental approach to transfer centred on the concept of self-determination in health.

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Indigenous peoples in Canada

Indigenous peoples in Canada, also known as Native Canadians or Aboriginal Canadians, are the indigenous peoples within the boundaries of present-day Canada.

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Indigenous rights

Indigenous rights are those rights that exist in recognition of the specific condition of the indigenous peoples.

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Indigenous self-government in Canada

Indigenous or Aboriginal self-government refers to proposals to give governments representing the Indigenous peoples in Canada greater powers of government.

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Individual and group rights

Group rights, also known as collective rights, are rights held by a group qua group rather than by its members severally; in contrast, individual rights are rights held by individual people; even if they are group-differentiated, which most rights are, they remain individual rights if the right-holders are the individuals themselves.

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Musqueam Indian Band

The Musqueam Indian Band (xʷməθkʷəy̓əm) is a First Nations band government in the Canadian province of British Columbia and is the only First Nations band whose reserve community lies within the boundaries of the City of Vancouver.

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Natural and legal rights

Natural and legal rights are two types of rights.

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Numbered Treaties

The Numbered Treaties (or Post-Confederation Treaties) are a series of eleven treaties signed between the Aboriginal peoples in Canada (or First Nations) and the reigning monarch of Canada (Victoria, Edward VII or George V) from 1871 to 1921.

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Peter Hogg

Peter Wardell Hogg, (born March 12, 1939) is a Canadian lawyer, author and legal scholar.

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R v Sparrow

R v Sparrow, 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.

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R v Van der Peet

R v Van der Peet, 2 S.C.R. 507 is a leading case on Aboriginal rights under section 35 of the Constitution Act, 1982.

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Rainer Knopff

Rainer Knopff is a writer, professor of political science at the University of Calgary, Canada, and member of a group known as the Calgary School.

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Section 1 of the Canadian Charter of Rights and Freedoms

Section 1 of the Canadian Charter of Rights and Freedoms is the section that confirms that the rights listed in the Charter are guaranteed.

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Section 24 of the Canadian Charter of Rights and Freedoms

Section 24 of the Canadian Charter of Rights and Freedoms provides for remedies available to those whose Charter rights are shown to be violated.

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Section 25 of the Canadian Charter of Rights and Freedoms

Section 25 of the Canadian Charter of Rights and Freedoms is the first section under the heading "General" in the Charter, and like other sections within the "General" sphere, it aids in the interpretation of rights elsewhere in the Charter.

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Section 33 of the Canadian Charter of Rights and Freedoms

Section 33 of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada.

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Ted Morton

Frederick Lee Morton (born March 28, 1949), known commonly as Ted Morton, is a Canadian politician and former cabinet minister in the Alberta government.

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The Canadian Crown and Indigenous peoples of Canada

The association between the Canadian Crown and Indigenous peoples of Canada stretches back to the first decisions between North American Indigenous peoples and European colonialists and, over centuries of interface, treaties were established concerning the monarch and Indigenous tribes.

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Treaty rights

Treaty rights are certain rights that were reserved by indigenous peoples when they signed treaties with settler societies in the wake of European colonization.

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Unsuccessful attempts to amend the Canadian Constitution

Since the Constitution of Canada was patriated, in 1982, only ten minor Amendments to the Constitution of Canada have been passed.

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Redirects here:

Honour of the Crown, Section 35, Section Thirty-five of the Constitution Act, 1982.

References

[1] https://en.wikipedia.org/wiki/Section_35_of_the_Constitution_Act,_1982

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