Constitution Act, 1982

Reading Links

St. Catherine's Milling and Lumber Co. v R, (1886), 10 OR 196 (HC); [1887] 13 SCR 577; [1888] UKPC 70 (JCPC)

As we will study later in the course, section 35 has been interpreted by the courts as applying to the recognition of Aboriginal Title, i.e. Indigenous rights in land. While St. Catherine's Milling precedes the use of this term, the decisions in this case provide an early window into how the concept was understood in the common law courts.

Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, c 11, s 35

Problem: Wolastoqey and MTI Title Claims

Section 35 #

(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. […]

Reading Links

St. Catherine's Milling and Lumber Co. v R, (1886), 10 OR 196 (HC); [1887] 13 SCR 577; [1888] UKPC 70 (JCPC)