Constitution Act, 1982 Section 35(Section 35 recognized and affirm the Aboriginal rights. )
The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed. Edit Description
In this Act, “aboriginal peoples of Canada” includes the Indian, Inuit and Métis peoples of Canada.
For greater certainty, in subsection “treaty rights” includes rights that now exist by way of land claims agreements or may be so acquired.
Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection are guaranteed equally to male and female persons.
However, Section 35 did not define the Aboriginal rights specifically. Therefore, after many debates and discussions, Aboriginal rights have been defined by the Supreme Court of Canada. Aboriginal rights have been interpreted to include the right to land, to fish, to hunt, to practice one’s own culture, and to establish treaties.