The reconciliation of Aboriginal and non-Aboriginal Canadians in a mutually respectful long-term relationship is the grand purpose of s. 35 of the Constitution Act, 1982.

Beckman v Little Salmon Carmacks First Nation, 2013

A vital component of constitutional law for Indigenous peoples is section 35 of the Constitution Act, 1982. Section 35 recognizes and affirms existing Aboriginal rights, including treaty rights and inherent Aboriginal rights, for Indian, Inuit and Métis peoples.

Under Common law, the Constitution is the supreme law of Canada. The complexities of Indigenous law require a firm grasp of constitutional law, the division of powers under Common law, and statutory interpretation.

 

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The lawyers at Westaway Law Group are experienced in highly complex and specialized constitutional law litigation, recent cases include:

  • Indigenous health,
  • Environmental protections,
  • Aboriginal rights,
  • Aboriginal title,
  • Duty to Consult, and
  • Crown breaches of fiduciary duties.

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