1982 Constitution Act1982 Constitution Act

Protest: Constitution ExpressProtest: Constitution Express

Section 25 + 35Section 25 + 35

1982 Constitution Act1982 Constitution ActWhat is a Constitution?What is a Constitution?

-the laws / principles / values of a country-the laws / principles / values of a country

Canada’s Constitution:Canada’s Constitution:

-pre 1980 the constitution was controlled by Britain -pre 1980 the constitution was controlled by Britain

1982 Constitution Act:1982 Constitution Act:

-1980 Canada re-wrote its constitution -1980 Canada re-wrote its constitution

- all references to Aboriginal rights were removed! - all references to Aboriginal rights were removed!

(1763 Royal Proclamation, Article/Section13 = Aboriginal Rights)(1763 Royal Proclamation, Article/Section13 = Aboriginal Rights)

What does this mean?What does this mean?

-loss of treaty rights, reserves, title etc.-loss of treaty rights, reserves, title etc.

Sooooo……Sooooo……

-FNs protested -FNs protested Constitution ExpressConstitution Express

Constitution Express 1980Constitution Express 1980--1980 1980 Cross Country Train ProtestCross Country Train Protest

-led by George Manuel -led by George Manuel

-started in Vancouver ended in Ottawa-started in Vancouver ended in Ottawa

-over 1000 supporters reached Ottawa to protest the -over 1000 supporters reached Ottawa to protest the proposed constitutionproposed constitution

Results of the ProtestResults of the Protest::

-2 new sections added: -2 new sections added:

Section 25 + Section 35Section 25 + Section 35

-focus specifically on -focus specifically on Aboriginal RIGHTSAboriginal RIGHTS

Section 25 of the Canadian ConstitutionSection 25 of the Canadian Constitution

Section 25:Section 25:““any rights or freedoms that have been recognized by any rights or freedoms that have been recognized by

the the Royal ProclamationRoyal Proclamation of October 7, 1763” of October 7, 1763”““any rights or freedoms that now exist by way of any rights or freedoms that now exist by way of land land

claims agreementsclaims agreements or may be so acquired” or may be so acquired”

In other words:In other words:-Section 25 guarantees -Section 25 guarantees Aboriginal RightsAboriginal Rights, , TreatiesTreaties

and and Land ClaimsLand Claims

Section 35 of the ConstitutionSection 35 of the ConstitutionSection 35:Section 35:““The existing The existing aboriginalaboriginal and and treaty rightstreaty rights of the aboriginal of the aboriginal

peoples of Canada are hereby recognized and affirmed”peoples of Canada are hereby recognized and affirmed”

““Aboriginal rights protect the Aboriginal rights protect the activities, practice, and activities, practice, and traditionstraditions of the aboriginal peoples in Canada that are of the aboriginal peoples in Canada that are integral to the distinctive culture of aboriginal peoples”integral to the distinctive culture of aboriginal peoples”

-also creates a definition of the term “Aboriginal”-also creates a definition of the term “Aboriginal”

Metis, First Nations and Inuit are all Aboriginal Metis, First Nations and Inuit are all Aboriginal people with specific and unique rightspeople with specific and unique rights

The problem: The language is very very The problem: The language is very very VAGUEVAGUE