The Constitution’s Peoples: Approaching Community in the Context of Section 35 of the Constitution Act, 1982

Resource type
Author/contributor
Title
The Constitution’s Peoples: Approaching Community in the Context of Section 35 of the Constitution Act, 1982
Abstract
Modern negotiations between the Crown (or private parties) and Canada’s Aboriginal peoples are largely based on the legal principles articulated in major court decisions. Yet those decisions have not yet confronted a fundamental question: how, in the first instance, do we determine which groups can lay claim to the Aboriginal and treaty rights “recognized and affirmed” by section 35 of the Constitution Act, 1982?
Publication
McGill Law Journal / Revue de droit de McGill
Publisher
McGill Law Journal / Revue de droit de McGill
Date
2009
Volume
54
Issue
1
Pages
1-43
Journal Abbr
mlj
Accessed
3/23/26, 8:37 PM
ISSN
0024-9041, 1920-6356
Short Title
The Constitution’s Peoples
Language
en
Library Catalog
Citation
Olthuis, B. (2009). The Constitution’s Peoples: Approaching Community in the Context of Section 35 of the Constitution Act, 1982. McGill Law Journal / Revue de Droit de McGill, 54(1), 1–43. https://doi.org/10.7202/038177ar