Outside the Charter but inside the rights regime
Chapter 8 is on Aboriginal rights. Section 35 of the Constitution Act, 1982 — the section affirming Aboriginal rights — is the first section after the Charter of Rights. Although not officially part of the Charter, it is as important as the Charter itself when considering the “degree to which human rights are safeguarded” in Canada. The Supreme Court has made a number of decisions that have recognized Aboriginal land claims and protected, to some extent, Aboriginal traditional rights. Canadians need to know about these decisions in order to advance the reconciliation process with Aboriginal peoples.
IAN GREENE was a professor of political science at York University, where he served as Dean of Arts and Science. He has written widely about judges, judging, and the Canadian court system. His other books include Honest Politics (with David P. Shugarman) and Judges and Judging (with Peter McCormick). Ian lives in Toronto.