Proclaimed in 1982 by Her Majesty Queen Elizabeth II of Canada, the Canadian Charter of Rights and Freedoms marks its 40th anniversary this year, intended to ensure that all Canadians can live a life without discrimination of any kind. Mark Bourrie asks whether the goals of the Charter have been met when it comes to Indigenous people living in Canada This article forms part of Commemorate Canada, a Canadian Heritage program to highlight significant Canadian anniversaries. It gives Canadian Geographic a chance to look at these points of history with a sometimes celebratory, sometimes critical, eye. On a cold, blustery day in April, 1982, Queen Elizabeth II signed the new Canadian constitution into law in an outdoor ceremony on Parliament Hill. For the first time, this country had a constitution with a Charter of Rights. Those rights included equality rights for women. A similar amendment to the U.S. Constitution failed to pass the ratification process later that year. And the Constitution enshrined Indigenous rights for the first time. Douglas Sanderson, a Haudenosaunee scholar who is a professor of law at the University of Toronto, notes that the drafters of the Charter did not put Indigenous rights protection in that section of the Constitution. Instead, Indigenous rights are guaranteed by Sec. 35 of the Constitution. |