Aboriginal rights in general are based on the continued occupation of lands by Aboriginal peoples since before European settlement. In other words, the federal government cannot override Aboriginal rights. Aboriginal Canadians had not been consulted about the new constitution, and there was initially very little reference to Aboriginal rights.
Aboriginal groups across Canada became concerned that, with the transfer of constitutional powers from Britain to Canada, established agreements affirming Aboriginal rights and title would no longer hold legal weight. Aboriginal groups were also concerned that they would no longer be viewed as autonomous decision-makers on a federal level, and they saw the potential for the patriation to be yet another assimilationist policy, much like the White Paper , also proposed by the Trudeau government.
In response to the proposed patriation, many Aboriginal organizations and activists joined in demonstrations, fundraisers, and campaigns to have their title and rights explicitly recognized in the Constitution. One of these demonstrations was the Constitution Express , an action that contemporary activist Arthur Manuel describes as the most effective direct action in Canadian history, as it ultimately changed the constitution.
Section 35 initially consisted of clauses 1 and 2. Some argue that there appears to be a disparity between the concept of Aboriginal rights being upheld by Section 35, and the daily lives of Aboriginal peoples, where many have been arrested for exercising what they understand as their Aboriginal rights, such as hunting or fishing:.
Although s. The French version of the Constitution Act, set out herein is the conventional translation. It does not have the force of law since this Act was enacted by the Parliament of the United Kingdom in English only. The French Constitutional Drafting Committee was established in with a mandate to assist the Minister of Justice in that task.
Another office consolidation prepared by the Department of Justice and presented on this site is based on the French version of the Constitution Act, that was drafted by the Committee. The law embodied in the Constitution Act, has been altered many times otherwise than by textual amendment, not only by the Parliament of the United Kingdom but also by the Parliament of Canada and the legislatures of the provinces in those cases where provisions of that Act are expressed to be subject to alteration by Parliament or the legislatures.
A consolidation of the Constitution Acts including only those subsequent enactments that alter the text of the Act would therefore not produce a true statement of the law. In preparing this consolidation, an attempt has been made to reflect accurately the substance of the law contained in enactments modifying the provisions of the Constitution Act, , whether by textual amendment or otherwise.
The various classes of enactments modifying the Constitution Act, have been dealt with as follows:. Repealed provisions e. Amended provisions e. Substituted provisions e. Alterations by United Kingdom Parliament. By , Canada had its own national symbols and possessed all the powers of an independent nation, with one exception: the power to amend its own Constitution, which could only be done by the British Parliament. Repatriating the Constitution was a long and complicated process.
The signing of the proclamation on April 17, , marked the end of efforts by many successive governments. However, there are other British and Canadian laws which are also part of the Constitution. For example, the laws adding more provinces to Canada are constitutional documents. Older documents, like ancient treaties, royal proclamations, and even some British laws from the 18th century are considered part of the Constitution.
How is that possible? The Constitution Act, states that the Constitution is based on the Constitution of the United Kingdom, which contains unwritten principles and conventions.
Courts are responsible for interpreting the unwritten elements. Some of these unwritten parts are called unwritten principles. These principles do not stand alone as rules. For example, democracy is an important unwritten principle of the Constitution.
Democracy, in part, means that legislatures are elected by popular vote and that citizens have the right to vote. Constitutional conventions are also unwritten. These are political rules, not legal rules. They are not found anywhere in the Constitution. They come from the practices of government officials.
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