LibGuides: Indigenous Hub: Constitution Act, 1982 Section 35

Overview

The Constitution Act, 1982 is a piece of Canadian legislation that brought the Canadian Constitution home from Britain (patriation) and enshrined the Canadian Charter of Rights and Freedoms. For Indigenous Peoples, it also includes Section 35, which is dedicated to the recognition and affirmation of existing Aboriginal and Treaty rights.

Select Resources

Canadian Charter of Rights and Freedoms, section 35

Box of Treasures or Empty Box?: 20 Years of Section 35 by Ardith Walkem & Halie Bruce
Call Number: KE7709 B69 2003

Publication Date: 2003
The Constitution's People: A Robust and Group-centered Interpretation of Section 35 of the Constitution Act, 1982, In Light of R. v. Powley by Brent Brian Olthuis
Call Number: Electronic

Publication Date: 2005
From recognition to reconciliation : essays on the constitutional entrenchment of Aboriginal and treaty rights by Patrick Macklem and Douglas Sanderson.
Call Number: Law Reserve KIB1810 F76 2016

Publication Date: 2016
Matter of national and constitutional import : report of the minister’s special representative on reconciliation with Métis : section 35 Métis rights and the Manitoba Métis Federation decision by Indigenous and Northern Affairs Canada
Call Number: Electronic

Publication Date: 2016

Constitution Express

The repatriation of the Constitution was a moment of crisis for Aboriginal people with the realization in 1980 that proposed versions to the "new" constitution would effectively end recognition of Aboriginal title and rights.

The Constitution Express was a 3000 mile trek to the seat of the federal government. The purpose of this journey was to tell Trudeau and his government that the Indian people have rights as the first inhabitants of this land, and that these rights have been guaranteed by treaty and historical agreement between Indian Nations and the British Government. - UBCIC Constitution Express

Constitution Express Overview
Indigenous Foundations (UBC) provides overview of the Constitution Express as well as provide information on key resources
Constitution Express: Digital Collection
The digital collection includes material from the Union's newsletter, Indian World: The Choice is Ours, UBCIC Special General Assembly meeting minutes, audio and video recordings, and approximately 500 photos.
Unceded Chiefs
Unceded Chiefs traces the historic early activism of BC First Nations Leaders who in the late 1960's unified in a battle against the Canadian government to reject Prime Minister Pierre Elliot Trudeau's proposed 1969 White Paper Policy. Director Doreen Manuel skilfully weaves a story of resilience and determination through interviews and archival audio with the people who lived the battle and the children of the Chiefs who had dedicated their lives to the leadership and survival of their Aboriginal title and rights.
Dancing Around the Table, Part One
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Dancing Around the Table, Part One provides a fascinating look at the crucial role Indigenous people played in shaping the Canadian Constitution. The 1984 Federal Provincial Conference of First Ministers on Aboriginal Constitutional Matters was a tumultuous and antagonistic process that pitted Prime Minister Pierre Elliot Trudeau and the First Ministers-who refused to include Indigenous inherent rights to self-government in the Constitution-against First Nations, Inuit and Métis leaders, who would not back down from this historic opportunity to enshrine Indigenous rights. In a now infamous exchange, Kwakwaka'wakw lawyer and lead negotiator Bill Wilson states that he has two children who want to become lawyers and prime minister. When he says that they are Indigenous women, the male audience bursts into laughter, and Trudeau replies, "Tell them I'll stick around until they're ready." Over 30 years later, Bill Wilson's daughter, Jody Wilson-Raybould, became Canada's first Indigenous minister of justice and attorney general in the government of Prime Minister Justin Trudeau. The conference was Pierre Elliott Trudeau's last constitutional meeting before he resigned and the process was handed over to his successor, Brian Mulroney.
Dancing Around the Table, Part Two
Dancing Around the Table, Part Two charts the battle to enshrine Indigenous rights in the Canadian Constitution, capturing a key moment in Canada’s history from the perspective of Indigenous negotiators. The 1985 conference, chaired by Prime Minister Brian Mulroney, was the fourth and final meeting to determine an amendment to Indigenous rights as defined in the Constitution. The provincial premiers again refused to reach an agreement with the First Nations, Métis and Inuit leaders, even though the majority of Canadians supported the inclusion of Indigenous rights to self-government. Director Maurice Bulbulian captures the pride and determination of Indigenous leaders and community members who refuse to back down on this historic opportunity to enshrine their rights, and the arrogance of the First Ministers who are fighting to keep power within the federal and provincial governments. The film takes us to Indigenous communities where ceremony and traditional practices affirm the connection to the Earth and its animals, and are the source of the strength and resilience shown by the Indigenous people around the table