The article discusses Section 35 of the Constitution Act, 1982, which recognizes and affirms existing Aboriginal rights in Canada. Here is a concise summary:
**Summary:**
Section 35 of the Constitution Act, 1982, acknowledges and protects Aboriginal rights in Canada. These rights have existed before the Act and were not initially included in the Canadian Constitution. However, through campaigns and demonstrations by Aboriginal groups, their rights were successfully enshrined and protected. The section specifically states that existing Aboriginal and treaty rights of Aboriginal peoples are recognized and affirmed. It does not create new rights but rather acknowledges their existence and allows for their evolution over time. Section 35 is exempt from the “notwithstanding clause” of the Charter of Rights and Freedoms, ensuring that federal government actions cannot override these rights. The effectiveness of Section 35 has been debated, with some arguing it reinforces colonialism and others seeing it as a crucial step towards recognizing and protecting Aboriginal rights.
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