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  1. Constitution Acts, 1867 to 1982 - (Section 35)

    PART IIRights of the Aboriginal Peoples of Canada

    Marginal note:Recognition of existing aboriginal and treaty rights
    •  (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.

    • Definition of aboriginal peoples of Canada

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

    • Marginal note:Land claims agreements

      (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.

    • Marginal note:Aboriginal and treaty rights are guaranteed equally to both sexes

      (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.(97)


  2. Constitution Acts, 1867 to 1982 - (ENDNOTES)

    [...]

    [...]

    Paragraph 25(b) was repealed and re-enacted by the Constitution Amendment Proclamation, 1983 (see SI/84-102). Paragraph 25(b) originally read as follows:

    • (b) any rights or freedoms that may be acquired by the aboriginal peoples of Canada by way of land claims settlement.

    [...]

    Section 54 of the Constitution Act, 1982 provided for the repeal of Part IV (section 37) one year after Part VII came into force. Part VII came into force on April 17, 1982 thereby repealing Part IV on April 17, 1983. Section 37 read as follows:

    • 37 (1) A constitutional conference composed of the Prime Minister of Canada and the first ministers of the provinces shall be convened by the Prime Minister of Canada within one year after this Part comes into force.

      • (2) The conference convened under subsection (1) shall have included in its agenda an item respecting constitutional matters that directly affect the aboriginal peoples of Canada, including the identification and definition of the rights of those peoples to be included in the Constitution of Canada, and the Prime Minister of Canada shall invite representatives of those peoples to participate in the discussions on that item.

    [...]

    Part IV.1 (section 37.1), which was added by the Constitution Amendment Proclamation, 1983 (see SI/84-102), was repealed on April 18, 1987 by section 54.1 of the Constitution Act, 1982. Section 37.1 read as follows:

    • 37.1 (1) In addition to the conference convened in March 1983, at least two constitutional conferences composed of the Prime Minister of Canada and the first ministers of the provinces shall be convened by the Prime Minister of Canada, the first within three years after April 17, 1982 and the second within five years after that date.

      • (2) Each conference convened under subsection (1) shall have included in its agenda constitutional matters that directly affect the aboriginal peoples of Canada, and the Prime Minister of Canada shall invite representatives of those peoples to participate in the discussions on those matters.


  3. Constitution Acts, 1867 to 1982 - (Section 25)

    General

    Marginal note:Aboriginal rights and freedoms not affected by Charter

     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

    • (a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and

    • (b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired.(95)


  4. Constitution Acts, 1867 to 1982 - (Section 35.1)

     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,

    • [...]

    • (b) the Prime Minister of Canada will invite representatives of the aboriginal peoples of Canada to participate in the discussions on that item.(98)



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