Section 25 does not grant interpretive control to Canadian courts
Section 25 Does Not Grant Interpretive Control to Canadian Courts
Category: Interpretation Page status: Working
Purpose
To clarify that constitutional protection for Indigenous rights does not transfer authority to define or interpret ayaawx.
General Principle
Section 25 does not grant interpretive control to Canadian courts.
Explanation
Section 25 of the Canadian Charter functions as a shield intended to prevent Charter rights from diminishing Indigenous rights. A shield is protective in nature. It is not a delegation of authority to reinterpret, narrow, or supervise Tsm’syen law.
Authority
Interpretive authority remains grounded in:
Implications
Reference to Section 25 may help resist external reduction of rights. It does not relocate jurisdiction over meaning. Internal law continues to guide internal application.
Limits
Engagement with Canadian legal processes may occur where strategic or necessary. Participation does not concede interpretive control.