What is a Constitution Act?

A Constitution Act is the supreme law of Canada, which sets out the basic principles of democratic government.

 

How does the Canadian Constitution impact the Mi’gmaq?

The Mi’gmaq have a special constitutional relationship with the Crown. Mi’gmaq perspectives and rights must be included in all parts of this relationship.

 

Indigenous and Treaty Rights have constitutional protection under –

section 35  of the Constitution Act, 1982.

 

 

35(1): The existing aboriginal and treaty rights of the Aboriginal and treaty rights of the Aboriginal peoples of Canada are hereby recognized

35(3): “Treaty rights” include rights that now exist by way of land claims agreements or may

 

 

 

The duty to consult is grounded in Section 35 of the Canadian Constitution Act, 1982, introduced by former prime minister Pierre Elliot Trudeau. Section 35 guarantees and affirms the rights of Indigenous peoples in Canadian law.