The Constitution Act, 1982, Sections 25 and 35

1 Canadian Native Law Reporter 1-13

7 Pages Posted: 28 Aug 2013

See all articles by Kent McNeil

Kent McNeil

York University - Osgoode Hall Law School

Date Written: 1988

Abstract

The Constitution Act, 1982, proclaimed in force as of April 17,1982, supplements the other Acts and Orders which already made up the Constitution of Canada. It does not detract from any of the rights of the aboriginal peoples of Canada guaranteed by earlier constitutional instruments. Section 91(24) of the 1867 Constitution Act, the Rupert's Land Order, and the Natural Resources Transfer Agreements, which have been discussed earlier this week, all continue to apply. In fact, they are specifically included in the new Act's definition of the Constitution of Canada. However, the 1982 Constitution Act goes further than previous constitutional instruments by providing additional guarantees for the rights of aboriginal peoples.

Keywords: constitution, act, s25, s35, Canada, rights, aboriginal, peoples

Suggested Citation

McNeil, Kent, The Constitution Act, 1982, Sections 25 and 35 (1988). 1 Canadian Native Law Reporter 1-13, Available at SSRN: https://ssrn.com/abstract=2316307

Kent McNeil (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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