How would proposed new legislation affect Aboriginal and treaty rights?
Section 35 of the Constitution Act, 1982 protects existing Aboriginal or treaty rights from infringement by legislation, unless that infringement is justified. Given that the Constitution takes precedence over all other federal laws, non-derogation clauses, which are sometimes included in federal legislation, are viewed to be unnecessary. In addition, there has not yet been any confirmation by the courts on what effect those clauses have.
