Which section recognizes and protects Aboriginal and treaty rights?

Which section recognizes and protects Aboriginal and treaty rights?

• A. Section 28
• B. Section 15
• C. Section 35
• D. Section 1

Answer: (C)

Recognizing Aboriginal and treaty rights is addressed by Section 35 of the Constitution Act, 1982. This provision explicitly recognizes and affirms the rights of Indigenous peoples and their treaties, protecting those rights from being extinguished by other laws and providing a constitutional basis for government actions that affect them. It also supports the Crown’s duty to consult and accommodate when proposed government activities may impact these rights. By contrast, the other sections serve different purposes: one guarantees gender equality, another covers equality rights in general, and another allows rights to be limited under a reasonable framework. So Section 35 is the one that specifically recognizes and protects Aboriginal and treaty rights.

Recognizing Aboriginal and treaty rights is addressed by Section 35 of the Constitution Act, 1982. This provision explicitly recognizes and affirms the rights of Indigenous peoples and their treaties, protecting those rights from being extinguished by other laws and providing a constitutional basis for government actions that affect them. It also supports the Crown’s duty to consult and accommodate when proposed government activities may impact these rights. By contrast, the other sections serve different purposes: one guarantees gender equality, another covers equality rights in general, and another allows rights to be limited under a reasonable framework. So Section 35 is the one that specifically recognizes and protects Aboriginal and treaty rights.