What does s. 35 of the Constitution, 1982 affirm?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

Section 35 of the Constitution Act, 1982 specifically affirms the rights of Indigenous peoples in Canada, which encompass both Aboriginal rights and title. This section provides constitutional recognition of the existence of these rights, acknowledging the historical and ongoing relationship that Indigenous peoples have with their traditional lands and resources.

Aboriginal rights may include the right to practice traditional customs and the right to harvest natural resources in accordance with those traditions, while Aboriginal title pertains to the legal recognition of Indigenous peoples' rights to occupy and use land, grounded in their historical presence on that land. The clarity and legal standing given to these rights by Section 35 play a crucial role in advancing the recognition and protection of Indigenous interests in Canada.

In contrast, the other options revolve around different areas of law and policy that are not addressed directly by this section. Indigenous education rights, environmental protections, and federal governance themes, while significant, do not fall within the specific protections and recognitions outlined in Section 35.

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