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Canadian Native Law Reporter. Volume 1988, Number 1 (1988), p. 1-13.


Aboriginal; act; Canada; constitution; peoples; rights; s25; s35


The Constitution Act, 1982, proclaimed in force as of April 17,1982, supplements the other Acts and Orders which already made up the Constitution of Canada. It does not detract from any of the rights of the aboriginal peoples of Canada guaranteed by earlier constitutional instruments. Section 91(24) of the 1867 Constitution Act, the Rupert's Land Order, and the Natural Resources Transfer Agreements, which have been discussed earlier this week, all continue to apply. In fact, they are specifically included in the new Act's definition of the Constitution of Canada. However, the 1982 Constitution Act goes further than previous constitutional instruments by providing additional guarantees for the rights of aboriginal peoples.

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