Section 25 of the Canadian Charter of Rights and Freedoms

As the Court of Appeal for Ontario held in R. v. Agawa (1988), the section "confers no new rights," but instead "shields" old ones.This sparked dramatic protests among Aboriginals, who viewed the proposed constitutional amendments as an insufficient protection of their rights.[7] Some bands receive a measure of autonomy under the Indian Act, and the consequent powers of the councils would be protected by section 25.Meanwhile, section 32, which bounds the federal and provincial governments to the Charter, may not include the band councils if their authority derives not only from the Indian Act but also tradition.However, she points to the British Columbia Court of Appeal case R. v. Kapp as one that discusses section 25's application.
Canadian Charterof Rights and FreedomsConstitution Act, 1982PreambleCanadian Charter of Rights and FreedomsAboriginal peoples in Canadasection 35Court of Appeal for Ontariosection 26protestsNational Indian BrotherhoodInuit Tapirisat of CanadaNative Council of CanadaCongress of Aboriginal PeoplesRoyal Proclamation of 1763Indian ActPeter Hoggsection 15equalitySupreme CourtCorbiere v. CanadareservesAboriginal self-government in CanadaRoyal Commission on Aboriginal Peoplessection 32land claimsamending formulaprime ministerBritish Columbia Court of AppealR. v. Kapp