Constitutional Recognition of Aboriginal Rights

The Constitution Act, 1982 is a part of the Constitution of Canada. It was introduced as part of Canada's process of "patriating" the constitution and introduced several amendments to the British North America Act, 1867 including changingits title in Canada to the "Constitution Act, 1867".

Elizabeth II as Queen of Canada brought the act into effect with a proclamation she signed in Ottawa on April 17, 1982.

Section 35 of that act states

1. The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.
2. In this Act, "Aboriginal Peoples of Canada" includes the Indian, Inuit and Métis peoples of Canada.
3. For greater certainty, in subsection (1) "treaty rights" includes rights that now exist by way of land claims agreements or may be so acquired.
4. Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons.