Aboriginal Peoples and Section 25 of the Canadian Charter of Rights and Freedoms
Bruce H. Wildsmith
The author presents a comprehensive examination of the meaning and implications of section 25 of the Canadian Charter of Rights and Freedoms concerning the protection of Aboriginal, treaty, and other rights and freedoms from abrogation or derogation by Charter rights and freedoms. The author outlines a brief legislative history and then focuses attention on the complex legal questions raised by section 25. Chief among them are: What happens when an irreconcilable conflict arises between a Charter right or freedom and a section 25 right or freedom? What are the rights and freedoms of Aboriginal people embodied in and protected by section 25? Does section 25 have the effect of blocking the application of the Charter to Aboriginal governments?