Section 35 of the Constitution Act, 1982 in the context of Treaty rights


Section 35 of the Constitution Act, 1982 in the context of Treaty rights

⭐ Core Definition: 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. The section, while within the Constitution of Canada, falls outside the Canadian Charter of Rights and Freedoms. The section does not define the term "aboriginal rights" or provide a closed list; some examples of the rights that section 35 has been found to protect are fishing, logging, hunting, the right to land (cf. aboriginal title) and the right to enforcement of treaties. There remains a debate over whether the right to indigenous self-government is included within section 35. As of 2006 the Supreme Court of Canada has made no ruling on the matter. However, since 1995 the Government of Canada has had a policy recognizing the inherent right of self-government under section 35.

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Section 35 of the Constitution Act, 1982 in the context of Inuit

Inuit (singular: Inuk) are a group of culturally and historically similar Indigenous peoples traditionally inhabiting the Arctic and Subarctic regions of North America and Russia, including Greenland, Labrador, Quebec, Nunavut, the Northwest Territories, Yukon (traditionally), Alaska, and the Chukotsky District of Chukotka Autonomous Okrug. The Inuit languages are part of the Eskaleut languages, also known as Inuit-Yupik-Unangan, and also as Eskimo–Aleut.

Canadian Inuit live throughout most of Northern Canada in the territory of Nunavut, Nunavik in the northern third of Quebec, the Nunatsiavut in Labrador, and in various parts of the Northwest Territories and Yukon (traditionally), particularly around the Arctic Ocean, in the Inuvialuit Settlement Region. These areas are known, by Inuit Tapiriit Kanatami and the Government of Canada, as Inuit Nunangat. In Canada, sections 25 and 35 of the Constitution Act of 1982 classify Inuit as a distinctive group of Aboriginal Canadians who are not included under either the First Nations or the Métis.

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Section 35 of the Constitution Act, 1982 in the context of Indigenous education in Canada

Indigenous education in Canada refers to education in Canada for First Nations, Inuit, and Métis, also known collectively as Indigenous peoples in Canada, per Section 35 of the Constitution Act, 1982 the "Aboriginal peoples of Canada", or occasionally as F.N.M.I. students (First Nations, Métis, and Inuit).

Due to Canada's colonial history and federal constitution indigenous education is a shared jurisdiction between Indian bands, Métis organizations, provincial and territorial governments, and the federal government.

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