What does Section 25 of the Charter say?

Section 25 protects three categories of rights and freedoms against Charter claims: (1) aboriginal rights, (2) treaty rights, and (3) other rights or freedoms that pertain to the aboriginal peoples of Canada.

Does the Charter apply to indigenous?

It is concluded that, as a matter of Canadian constitutional law, with the exception of the section 28 gender equality provision, the Charter does not apply to Aboriginal governments.

Are aboriginal rights found in the Charter?

The Constitution recognizes the rights of Aboriginal Peoples of Canada to protect their culture, customs, traditions and languages. The Supreme Court of Canada has ruled that section 35 means that Indigenous rights under treaties or other laws are now protected under the Constitution Act, 1982.

What is section 35 of the Canadian Constitution?

35 (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.

Why is Section 25 of the Charter important?

Section 25 guarantees that no rights protected under the Charter will be used to abrogate or derogate from right belonging to Aboriginal people (including land rights and rights under the Royal Proclamation), . This is an important step in amalgamating common law and Aboriginal law traditions.

What is the difference between aboriginal title and aboriginal rights?

Aboriginal rights exist in law; Aboriginal rights are distinct and different from the rights of other Canadians; They include aboriginal title, which is a unique communally held property right; Government has a duty to consult and possibly accommodate aboriginal interests even where title has not been proven; and.

Who stood up for Aboriginal rights?

Improving the rights and equality of Aboriginal and Torres Strait Islander people was on the agenda for rights campaigner, Essie Coffey. She co-founded the Western Aboriginal Legal Service and the Brewarrina Aboriginal Heritage and Cultural Museum.

Are Aboriginal and indigenous the same?

‘Indigenous peoples’ is a collective name for the original peoples of North America and their descendants. The term “Indigenous” is increasingly replacing the term “Aboriginal”, as the former is recognized internationally, for instance with the United Nations’ Declaration on the Rights of Indigenous Peoples.

What does Section 35 of the Constitution say?

Section 35 is the part of the Constitution Act that recognizes and affirms Aboriginal rights. Section 35 of the Constitution Act states: 35. (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.

What is Section 25 of the Canadian Charter of Rights and Freedoms?

Provision 25. The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including: any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and

When was Section 25 of the Canadian constitution amended?

Amendments to section 25. In 1983, with the passing of the Constitution Amendment Proclamation, 1983, section 25 was amended to expand the protection provided for rights associated with land claims.

How is Section 25 used in British Columbia?

The one case in which section 25 has been interpreted and applied is Campbell, supra, in which the British Columbia Supreme Court found that section 25 serves to shield the treaty rights of aboriginal people (Nisga’a Final Agreement) from the provisions of the Charter, obviating the Charter analysis. 1. Scope

Why was section 35 added to the Canadian constitution?

Because of the strong fight for recognition by Canada’s Aboriginal peoples, Section 35 was added to the constitution in time to be formally patriated in 1982. Section 35 initially consisted of clauses (1) and (2).