Aboriginal Title and Indigenous Land Rights
Section 35 of the Canadian Constitution provides constitutional protection for Aboriginal Title and Rights, saying that “the existing Aboriginal and Treaty rights of the Aboriginal Peoples of Canada are hereby recognized and affirmed.”
Section 35 is strategically located in the Canadian Constitution and was included in the Constitution Act (1982) following the Charter of Rights and Freedoms, which protects individual rights and freedoms – Section 35 protects the collective rights of Aboriginal Peoples.
When read in conjunction with the Constitution Act (1867) that inter alia delineates the division of powers between the federal and provincial government, it creates a third order of government. Unfortunately, this has not yet been implemented by the governments, which has caused fundamental problems in negotiations between Aboriginal peoples and governments.
At Tessmer Law Offices we advocate for the recognition and implementation of Aboriginal self-determination and land rights.
