CONSTITUTION ACT, 1982 ENACTED (Hansard, 23 February 1982)

§ The Chairman

With this we may take the following amendments: No. 16, in page 2, line 14, after 'Act', insert subject to the omission in Schedule B, of section 34". No. 17, in page 2, line 14, after 'Act', insert 'subject to the omission in Schedule B, section 35, subsection (1) of the word 'existing.' No. 32, in page 2, line 14, after 'Act', insert 'subject to the omission in Schedule B, section 35, line 3, of the words "existing aboriginal and treaty rights" and by the insertion of the words "aboriginal, treaty or other rights os freedom"."'. No. 33, in page 2, line 14, after 'Act', insert 'subject to the insertion in Schedule B, section 35, line 6, at the end, of the words— "(3) In this Act, 'aboriginal, treaty or other rights or freedoms' means such as may be identified and defined by assent at the conference under subsection 37(2) or are otherwise identified and defined in pursuance of the provisions of Part IVA (and includes the right to have land claims and compensation in relation thereto determined equitably and notwithstanding any statute of limitations, laches, Crown immunity or other rule of law, statute or procedure) provided that no such indentifications or definition shall abrogate or derogate from, or diminish, aboriginal, treaty or other rights or freedoms (including the Royal Proclamation of October 7, 1763) which have been recognised or affirmed before the date upon which this Part comes into force".'. No. 34, in page 2, line 14, after 'Act', insert 'subject to the omission in Schedule B, section 37, line 31, of the words "The Conference convened under subsection (1)" and by the insertion instead of the words "A constitutional conference composed of the Prime Minister of Canada and representatives of the aboriginal peoples of Canada duly authorised in accordance with subsection (4) shall be convened by the Prime Minister of Canada within one year after this Part comes into force which'.".'. No. 28, in page 2, line 14, after 'Act', insert 'subject to the insertion in Schedule B, section 37, subsection (2) after the word "directly", of the words "or indirectly"' No. 35, in page 2, line 14, after 'Act', insert 'subject to the omission in Schedule B, section 37, line 33, of the word "directly" and by the insertion after the word "including" of the words ", in the absence of assent being reached between the parties at such conference as to the settlement of those matters, the preparation of proposals for reference to and determination by an Aboriginal Rights Commission constituted in pursuance of and in accordance with Part IVA and the Schedule (Aboriginal Rights Commission) to this Act as to'.".'. No. 36, in page 2, line 14, after 'Act', insert 'subject to the omission in Schedule B, section 37, line 34, of the word "rights" and by the insertion instead of the words "aboriginal treaty or other rights or freedoms".'. No. 37, in page 2, line 14, after 'Act', insert 'subject to the omission in Schedule B, section 37 of lines 36 and 37 and the insertion instead of the words "ensure that the said duly authorised representatives respectively of those peoples are given a full and fair opportunity and sufficient time at the said conference to take an effective part in the discussions on that item and being provided, not less than nine months before the said item is taken, with a comprehensive discussion paper on the matters proposed to be discussed with reference to that item and 770 full access in the said period of nine months to government officials and any other persons with responsibility for the matters in question, for the purpose of ensuring full and proper consultation upon that item before it is taken.".'. No. 38, in page 2, line 14, after 'Act', insert 'subject to the insertion in Schedule B, section 37, line 43, at the end of the words—