Beyond Section 35

Symposium Overview

Over three decades have passed since the enactment of Section 35 of the Constitution Act. While many First Nations have already, or are currently, engaged in strengthening their own governance structures and exercising greater control over traditional land and resources, few would dispute that the full potential for a changed relationship with Canada created by Section 35 has not yet been realized. 

In fact, the Crown-First Nations relationship has been at the forefront of the Idle No More movement and the premise of the discussions held between Prime Minister Harper and Chiefs on January 11, 2013.  In a statement issued on January 14^th, the National Chief stated: “We have a responsibility to work together to push forward our work that relates to each of the eight elements that emerged from our discussions this week – on Treaty, on comprehensive claims, resource revenue sharing, action to assess and halt provisions of legislation that contravene our rights, on the urgent needs of our communities and justice for our missing women.” 

The anniversary of Section 35 and the dialogue emerging from Idle No More creates an opportunity to consider the substantial impact the recognition of existing Aboriginal and treaty rights has had on altering both federal/provincial law and policy regarding Indigenous Peoples and Indigenous governance in Canadian society.

Beyond Section 35 is intended to commemorate this landmark event, to discuss how the pivotal constitutional recognition in Section 35 has changed the fabric of relations with Indigenous groups in Canada and most importantly, to focus on the way forward beyond litigation toward reconciliation. 

The two-day symposium will bring together Indigenous and non-Indigenous leaders to talk about successes and challenges of making social and economic progress in First Nations communities. The symposium will look broadly at the evolution of First Nations-government relations since 1982, their current state and ways forward. Helping this discussion and to focus on the future will be a panel presentation on the lessons learned from self-government agreements and what those mean for going forward.

By convening experts, the symposium dialogue is aimed at providing stakeholders with a more holistic view of governance challenges and successes, moving toward what is required to generate the momentum to move beyond litigation and affect change.