“Existing Indigenous and Treaty Rights"

• The federal government entered into constitutional discussions with provincial premiers between 1977 and 1981 to reform and repatriate the Constitution.
• Indigenous political organizations tried unsuccessfully to get a seat at the negotiations table, and when a 1981 constitutional proposal was announced, Indigenous and treaty rights were excluded.
• However, after several months of concerted lobbying, First Nations, Inuit and Métis organizations succeeded in having two clauses included in Section 35 of the Constitution, to recognize "existing Indigenous and treaty rights”
• However, those rights remained undefined because of disagreements between the provinces, Canada and Indigenous groups.
• Responsibility has fallen to the courts to define the extent and scope of these rights and to direct government policies and programs so that they respect these rights and prevent any infringement of them.