Upholding Section 35 Rights & Unfulfilled Obligations to UNDRIPA – Woodward & Company LLP

17 December 2024

On Nov. 27, 2024, Canada took a step forward in safeguarding Indigenous rights with the passage of Bill S-13, An Act to amend the Interpretation Act and to make related amendments to other Acts. This bill adds a non-derogation clause (NDC) to the federal Interpretation Act, which legislates how federal laws are to be interpreted.

This NDC ensures that a law cannot be interpreted in a way that diminishes Aboriginal and Treaty rights as recognized and affirmed in section 35, Constitution Act, 1982. This amendment is significant because it means that all federal laws—including statutes and regulations—must be interpreted in a way that upholds section 35 rights.[1]

Read More: https://www.woodwardandcompany.com/news/a-closer-look-at-the-federal-interpretation-act-amendments/