Understanding an Ambiguous Clause: Section 35 and the Drafting of the Constitution

In this episode of Runnymede Radio, we feature an original interview with Michael Scott (PrimaryDocuments.ca). Scott discusses his ongoing research on the drafting history of Section 35 of the Constitution Act, 1982—which recognizes and affirms existing Aboriginal and treaty rights—drawing on archival materials and his work with PrimaryDocuments.ca, a database of historical documents relating to the creation of Canada’s Constitution. The conversation explores the historical context of Section 35, the interpretive challenges posed by its ambiguity, and what the drafting record reveals (and does not reveal) about its meaning. This episode offers a careful examination of constitutional history and the role of historical sources in understanding foundational legal texts.