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Section 35 of the Constitution recognizes and affirms Aboriginal and treaty rights in Canada and is often described as one of the most powerful legal foundations in the country. But what if its ambiguity was built in from the start? Michael J. Scott, project manager and editor at the Primary Documents project, unpacks his upcoming paper (co-authored with Charles Dumas) on the drafting history of Section 35. Drawing on original memos, cabinet records, and constitutional debates, he reveals a striking reality: the word “existing” — added at the last minute to secure provincial support — was understood very differently by Ottawa, the provinces, and national Indigenous organizations. As courts continue to interpret Aboriginal title rights and governments grapple with reconciliation, this episode asks a difficult question: Did Canada entrench a permanent foundation — or institutionalize uncertainty?


ABOUT BREAKTHROUGH NATION

Breakthrough Nation spotlights people whose ambition, grit, and sense of duty are moving Canada forward. I’m Karen Restoule, your host, and each episode features leaders delivering real results across regions and sectors.


ABOUT SERIES #3


SERIES #3 examines the growing tension between Aboriginal title, private property, and land-use certainty — starting in British Columbia. We’ll look at how recent court decisions are reshaping investment risk, governance, and Canada’s ability to build with confidence. You’ll hear from leading legal minds, policy experts, academics, and practitioners working at the intersection of Indigenous law, major projects, and economic development.


SERIES 3 is presented in collaboration with the Macdonald-Laurier Institute.


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","author_name":"Karen Restoule"}