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Rights and Responsibilities › Indigenous Rights
What are Aboriginal peoples' rights under the Canadian Charter?
- Aboriginal rights are defined entirely by provincial laws
- Indigenous peoples have no special rights under the Charter
- The Charter guarantees that it will not adversely affect any treaty or other rights or freedoms of Aboriginal peoples
- Indigenous peoples are exempt from the Charter
Why this is the correct answer
Section 25 and Section 35 of the Constitution Act 1982 guarantee that the Charter will not be construed to abrogate or derogate from Aboriginal, treaty or other rights and freedoms held by Aboriginal peoples. This means existing Indigenous rights are protected even where they may appear to conflict with Charter provisions. These protections affirm Canada's recognition of Aboriginal peoples' distinct legal standing.