---
title: "Section 35 | History of Canada 1867 to Present"
description: "Section 35 is the 1982 constitutional clause that recognizes and affirms existing Indigenous rights in Canada, shaping land claims, treaties, and court cases."
canonical: "https://fiveable.me/history-canada-after-1867/key-terms/section-35"
type: "key-term"
subject: "History of Canada – 1867 to Present"
unit: "Unit 12"
---

# Section 35 | History of Canada 1867 to Present

## Definition

Section 35 is the part of the Constitution Act, 1982 that recognizes and affirms existing Indigenous rights in Canada. In History of Canada 1867 to Present, it shows how Indigenous rights became part of the constitutional framework.

## What It Is

Section 35 is the part of the Constitution Act, 1982 that recognizes and affirms the existing rights of Indigenous peoples in Canada. In this course, it is usually the constitutional turning point that connects Indigenous activism, court rulings, and modern land claims.

The big idea is not that Section 35 invented Indigenous rights from scratch. Instead, it gave constitutional protection to rights that already existed, including rights tied to land, hunting, fishing, and self-government claims. That matters because once a right is constitutionalized, governments cannot ignore it as easily, and courts have a stronger basis for reviewing laws and policies.

Section 35 came into being during patriation in 1982, the same broad constitutional moment that also gave Canada the Charter of Rights and Freedoms. For Indigenous communities, the wording was the result of sustained pressure from leaders and organizations that wanted formal recognition after decades of federal control, broken promises, and colonial policy. The section was a compromise, but it still changed the legal landscape.

In practice, Section 35 became a foundation for negotiations and litigation. If a First Nations, Inuit, or Métis community argues that a government project or law harms a protected right, lawyers and judges often turn to Section 35 to ask whether the right exists, how strong it is, and whether the government can justify limiting it. That is why the term shows up in land disputes, resource development cases, and treaty-related conflicts.

A common misunderstanding is that Section 35 settled Indigenous rights once and for all. It did not. It opened a new phase of legal struggle, where communities had to keep proving the meaning of those rights in specific places and cases. That is why Section 35 is less like a final answer and more like a constitutional starting point for ongoing debates about sovereignty, land, and reconciliation.

## Why It Matters

Section 35 sits right at the intersection of constitutional change and Indigenous rights movements in modern Canadian history. If you are tracing how Canada moved from colonial control toward limited constitutional recognition, this is one of the clearest milestones.

It also helps you read later legal and political developments. Court cases about Aboriginal title, land claims, and consultation do not make much sense unless you know why Section 35 matters and how it changed the rules of the game. It is the reason many Indigenous rights arguments moved from moral appeals alone into constitutional and courtroom language.

For this course, Section 35 is also a bridge between 11.3, the Charter era, and 12.3, Indigenous rights movements and legal battles. The Constitution Act, 1982 reshaped rights discourse in Canada, but Indigenous peoples were not just passive recipients of that change. Their organizing and legal pressure helped force recognition into the constitution, and their activism continued after 1982 as they pushed to make those rights real on the ground.

## Connections

### Indigenous Peoples

Section 35 specifically names and protects the rights of Indigenous peoples in Canada, including First Nations, Inuit, and Métis communities. When you study this term, you are usually looking at how constitutional law treats Indigenous identity, community rights, and the relationship between the Canadian state and Indigenous nations. It is a broad category, but Section 35 is one of the legal tools that gives it force.

### [Land Claims](/history-canada-after-1867/key-terms/land-claims)

Land claims are one of the most common places where Section 35 shows up in the course. Once rights are recognized constitutionally, communities can use that framework to argue for title, access, compensation, or consultation. A land claim is not just a dispute over territory, it is often a test of how far Section 35 protections reach in practice.

### [Delgamuukw v. British Columbia](/history-canada-after-1867/key-terms/delgamuukw-v-british-columbia)

This case is one of the landmark examples of courts interpreting Section 35. It helped clarify Aboriginal title and showed that oral histories and Indigenous legal traditions could matter in court. When you see Section 35 in a case study, Delgamuukw is a strong example of how the section turned constitutional wording into a real legal argument.

### [Royal Commission on Aboriginal Peoples](/history-canada-after-1867/key-terms/royal-commission-on-aboriginal-peoples)

The Royal Commission on Aboriginal Peoples reflects the wider political and social push for recognition that surrounded Section 35 and followed it. It dealt with long-term issues like self-government, land, and reconciliation, which are the same kinds of problems Section 35 opened up but did not solve. Together, they show that recognition and implementation are not the same thing.

## On the AP Exam

A short-answer question or essay prompt might ask you to explain how Indigenous rights changed after patriation in 1982. That is where Section 35 becomes your evidence. You would identify it as the constitutional clause that recognized existing Indigenous rights, then connect it to land claims, court cases, and the shift toward negotiation rather than simple federal control.

If you get a source-based question, look for language about recognition, rights, treaties, self-determination, or constitutional protection. Section 35 is the term you use when a passage or political cartoon is showing that Indigenous rights became a constitutional issue, not just a policy debate. In a timeline, it usually belongs with the Charter era and the growing legal struggle over Indigenous sovereignty.

## Key Takeaways

- Section 35 is the constitutional provision that recognizes and affirms existing Indigenous rights in Canada.
- It was added in 1982 during patriation, which made it part of the modern constitutional framework.
- The section did not create Indigenous rights from nothing, it gave existing rights stronger legal protection.
- Courts, governments, and Indigenous communities use Section 35 in land claims, resource disputes, and self-determination arguments.
- In this course, Section 35 is a major turning point in the history of Indigenous rights after 1867.

## FAQs

### What is Section 35 in History of Canada 1867 to Present?

Section 35 is the part of the Constitution Act, 1982 that recognizes and affirms existing Indigenous rights in Canada. In this course, it marks a major shift because Indigenous rights became constitutionally protected, not just politically debated. It is often linked to land claims, court cases, and the broader push for Indigenous self-determination.

### Does Section 35 create Indigenous rights?

Not exactly. Section 35 recognizes and affirms rights that already existed, rather than inventing them from scratch. That distinction matters because it explains why courts and governments still have to work out what those rights mean in specific cases.

### How is Section 35 connected to land claims?

Section 35 gives Indigenous communities a constitutional basis for arguing that land, hunting, fishing, or title rights deserve protection. That is why it appears in disputes over resource extraction, treaty rights, and Aboriginal title. It turned many land questions into constitutional questions.

### How do you use Section 35 in an essay about Indigenous rights?

Use it as evidence that the legal status of Indigenous rights changed in 1982. Then connect it to activism, court rulings, and the ongoing limits of recognition. A strong answer usually shows that Section 35 was a milestone, but not the end of the struggle.

## Related Study Guides

- [12.3 Indigenous Rights Movements and Legal Battles](/history-canada-after-1867/unit-12/indigenous-rights-movements-legal-battles/study-guide/OqbhmW0uQ1Pos4R4)
- [11.3 The Charter of Rights and Freedoms and its Impact](/history-canada-after-1867/unit-11/charter-rights-freedoms-impact/study-guide/WkiwYYjn9MsaiP9d)

## About This Document

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