By Lindsay Borrows, 1L
On October 25-27, 2012 the Faculty of Law hosted 35@30: Reflecting on 30 years of s. 35. Speakers and panelists from Canada and abroad offered their critical reflections on the impact that s. 35(1) of the Constitution Act, 1982 has had on the Canadian constitutional order, Canada’s international commitments, Canadian law and policy, social and economic development, Aboriginal governance, treaty processes, and comparative and international developments. The conference was organized by Professors Douglas Sanderson and Patrick Macklem, and was sponsored by the Faculty of Law, Aboriginal Affairs and Northern Development Canada, and the National Centre for First Nations Governance.
Justice Murray Sinclair, chair of the Truth and Reconciliation Commission, began the conference and said the interpretation of Section 35 began with a chirp in the Sparrow case. Since then, sounds of all sorts have emerged from the courts, communities and academia interpreting the meaning of constitutional entrenchment of Aboriginal rights. Reconciliation is the ultimate goal, and was a central theme of the panels. Questions included: what is indigenous knowledge and what is its rightful place in academia? Is Section 35 rigid or flexible? Who can be defined as Aboriginal and is therefore entitled to Aboriginal rights? Are we better or worse off as a whole since section 35?
"We probably won't see reconciliation in our times, but keep your eyes on the prize," said Justice Murray Sinclair.
While each panelist had different ideas about where Canada is today, it seemed that all could agree that discussion is good and there is hope for the future. An emerging group of Indigenous lawyers and legal scholars will help define and shape answers to these questions. Speakers came from Aotearoa [Maori for New Zealand], USA and across Canada to participate in panels that ranged from discussions on recognition, indigenous identities, reconciliation, Quebec and the North, consultation and comparative perspectives.
"We probably won't see reconciliation in our times, but keep your eyes on the prize," said Sinclair. The final words by rapporteur Michael Ignatieff echoed this hope for the future. While legislation, court interpretations, and public knowledge regarding Aboriginal rights is still developing, it was clear from the rich body of knowledge at the conference that the past 30 years have been a time of change and growth in many respects.
A link to the conference webcast will be posted here soon.
Photo: Lisa Del Col
