There are two provisions within the bill to consider. One is the addition to the preamble that was added by the Standing Committee on Social Programs during its clause-by-clause review, and it does recognize both the importance of observance and respect for human rights in the Territories, while at the same time promoting respect for and observance of the rights and freedoms of aboriginal peoples recognized and affirmed under the Constitution of Canada. That is broader wording than section 35.

Then, within clause 2 of the bill, there is a specific, non-derogation clause relating to section 35 of the Constitution Act.