Introduction

This summary is intended to provide an overview of the current state of the law and to highlight important sources and tools that may aid in the interpretation of the law. It should be read with the understanding that while section 35 has been part of Canada’s Constitution since 1982, the law in this area continues to be dynamic and at times contested. Its evolution is continually informed by section 35’s overarching purpose of advancing reconciliation between Indigenous peoples and the Crown. Section 35 also requires us to engage with Indigenous, common and civil law perspectives on the law and its development, as well with relevant international law instruments and norms.

This section 35-pedia should not be considered an exhaustive overview of the law. This document is intended solely to provide legal information. It is not legal advice, nor is it intended to be a substitute for legal advice. Section 35-pedia does not constitute a waiver of solicitor-client privilege and does not reflect the formal views or legal positions of the Department of Justice Canada.