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Recurring talking point

DRIPA circumvents section 35 of the Constitution and the treaty-making process.

Geoffrey S. Moyse, KC, Northern Beat
Retired senior counsel, BC Ministry of Attorney General (Aboriginal law section) · Dec 2025

Fact-checked — verified

DRIPA's own Section 1(3) says: 'Nothing in this Act, nor anything done under this Act, abrogates or derogates from the rights recognized and affirmed by section 35 of the Constitution Act, 1982.' In November 2024, Parliament passed Bill S-13, which amended the federal Interpretation Act to add section 8.3 — a non-derogation clause explicitly upholding section 35 rights. S-13 deliberately stopped short of giving UNDRIP constitutional supremacy. The Supreme Court of Canada's framework for section 35 reconciliation, set in R v Sparrow (1990), remains intact. DRIPA builds on that framework — it does not bypass it.

Full source details

Declaration on the Rights of Indigenous Peoples Act (Bill 41 — 2019)

Province of British Columbia · 2019-11-28[S.B.C. 2019, c. 44]

Bill S-13 — An Act to amend the Interpretation Act and to make related amendments to other Acts (Royal Assent)

Parliament of Canada — LEGISinfo (44th Parliament, 1st Session) · 2024-11-27[S.C. 2024, c. 30]

R. v. Sparrow

Supreme Court of Canada · 1990-05-31[[1990] 1 S.C.R. 1075]

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