1982 Constitution Act Protest: Constitution Express Section
1982 Constitution Act What is a Constitution? -the laws / principles / values of a country Canada’s Constitution: -pre 1980 the constitution was controlled by Britain 1982 Constitution Act: Canada re-wrote its constitution - all references to Aboriginal rights were removed! (1763 Royal Proclamation, Article/Section13 = Aboriginal Rights) What does this mean? -loss of treaty rights, reserves, title etc. Sooooo…… -FNs protested Constitution Express
Constitution Express Cross Country Train Protest -led by George Manuel -started in Vancouver ended in Ottawa -over 1000 supporters reached Ottawa to protest the proposed constitution Results of the Protest: -2 new sections added: Section 25 + Section 35 -focus specifically on Aboriginal RIGHTS
Section 25 of the Canadian Constitution Section 25: “any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763” “any rights or freedoms that now exist by way of land claims agreements or may be so acquired” In other words: -Section 25 guarantees Aboriginal Rights, Treaties and Land Claims
Section 35 of the Constitution Section 35: “The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed” “Aboriginal rights protect the activities, practice, and traditions of the aboriginal peoples in Canada that are integral to the distinctive culture of aboriginal peoples” -also creates a definition of the term “Aboriginal” Metis, First Nations and Inuit are all Aboriginal people with specific and unique rights The problem: The language is very very VAGUE