Constitution Act, 1982
The Constitution Act, 1982, brought in under Pierre Trudeau's Liberal government, resulted in significant developments in Aboriginal rights and defined the relationship between the Canadian government and Inuit, First Nations, and Métis peoples. There are three main sections pertaining to Aboriginal rights: Section 25, Section 35, and Section 35.1.
Section 25 of the Canadian Charter of Rights and Freedoms is shown above. The main purpose of this clause is that of ensuring the protection of Aboriginal rights which are not listed in the Charter, but are previously affirmed and guaranteed. It serves to protect agreed upon rights, to ensure their existence is not denied, and to secure them from being reduced by other rights stated in the Charter.
Part II of the Constitution Act, 1982, titled "Rights of the Aboriginal Peoples of Canada" is presented above. This section not only reaffirms the weight of previous treaties with Aboriginal peoples, but continues on to further identify their rights as individual and distinct nations.
Section 35 recognizes the right to self-government for all Aboriginals, who are defined as "Indian, Inuit, and Métis peoples of Canada." For Inuit peoples, this means that in their four distinguished land claim regions, each self-government system is different, and is based upon both public government and ethnically-based structures. Enshrining right to self-government in the Canadian constitution was a very large step forward, as the government thus fully recognized the Inuit peoples as distinct and unique nations within Canada, and resulted in important steps for the re-implementation of cultural and traditional ways of life, which had been stripped in many ways from the Aboriginal peoples of Canada.
Section 35.1 insures that Aboriginal peoples have the right to be a part of discussions of constitutional matters pertaining to them. Prior to this statement, Aboriginal involvement in policies pertaining to their affairs were, on many occasions, made without their consent or input. With Section 35.1 of the Constitution Act, 1982, Inuit, as well as First Nations and Métis peoples, are guaranteed this right, which continues to allow for progressive discussions that are more likely to result in the right course of action for both Canada and the distinct Aboriginal nations that reside within it.
Section 35 recognizes the right to self-government for all Aboriginals, who are defined as "Indian, Inuit, and Métis peoples of Canada." For Inuit peoples, this means that in their four distinguished land claim regions, each self-government system is different, and is based upon both public government and ethnically-based structures. Enshrining right to self-government in the Canadian constitution was a very large step forward, as the government thus fully recognized the Inuit peoples as distinct and unique nations within Canada, and resulted in important steps for the re-implementation of cultural and traditional ways of life, which had been stripped in many ways from the Aboriginal peoples of Canada.
Section 35.1 insures that Aboriginal peoples have the right to be a part of discussions of constitutional matters pertaining to them. Prior to this statement, Aboriginal involvement in policies pertaining to their affairs were, on many occasions, made without their consent or input. With Section 35.1 of the Constitution Act, 1982, Inuit, as well as First Nations and Métis peoples, are guaranteed this right, which continues to allow for progressive discussions that are more likely to result in the right course of action for both Canada and the distinct Aboriginal nations that reside within it.