What is the Constitution, and what
does it say?

The Constitution is the basic law of Canada. It is the
system of laws and principles all Canadians must follow.

Section 35 of the Constitution Act, 1982 says:

35(1) The existing aboriginal and treaty rights of
the Aboriginal peoples of Canada are hereby

recognized and affirmed.

35(2) In this Act, “aboriginal peoples of Canada”
includes the Indian, Inuit and Métis peoples
of Canada.

This means the Constitution acknowledges and
confirms that aboriginal rights are protected in Canada.
However, the Constitution does not specify which

aboriginal rights are protected.

Aboriginal fishing rights have been made clearer by

the Sparrow decision.

What is the Sparrow decision?

To understand aboriginal fishing rights today, it is
important to know about the decision made by the