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Conclusion

Section 35 of the Constitution Act, 1982, as amended, has been interpreted in an expansive manner far beyond what was ever intended by its framers. The Supreme Court of Canada has been unduly influenced by the views of certain academics in arriving at its expansive views.

For British Columbia, the challenge is two-fold. First, through aggressive advocacy in future cases, cause the Court to retrench or qualify its previously expressed broad interpretations. Secondly, do all in the Province's power to prevent the Court from finding that the inherent right to aboriginal self-government is to be found in Section 35 or that land-claim agreements can be constitutionalized under that section.

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Last Modified: August 23, 2000.