Part Fourteen

Rights of the Aboriginal Peoples of Canada

Sections 35 – 35.1

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Section 35Recognition of existing aboriginal and treaty rights

(1)

The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.

(2)

In this Act, aboriginal peoples of Canada includes the Indian, Inuit and Métis peoples of Canada.

(3)

For greater certainty, in subsection (1) treaty rights includes rights that now exist by way of land claims agreements or may be so acquired.

(4)

Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons.

Section 35.1conference

(1)

The government of Canada and the provincial governments are committed to the principle that, before any amendment is made to Class 24 of section 91 of the Constitution Act, 1867, to section 25 of this Act or to this Part, agenda an item relating to the proposed amendment, composed of the Prime Minister of Canada and the first ministers of the provinces, will be convened by the Prime Minister of Canada; and (b) the Prime Minister of Canada will invite representatives of the aboriginal peoples of Canada to participate in the discussions on that item.

Source: Justice Laws Website (Department of Justice Canada) — laws-lois.justice.gc.ca. Reproduced for education; not an official government publication or legal advice.