What is the purpose of section 35?

Asked by: Terry Keebler  |  Last update: January 30, 2026
Score: 4.6/5 (50 votes)

"Section 35" refers to different laws depending on the jurisdiction, but commonly points to Canada's Constitution Act, 1982 recognizing Aboriginal rights, or Massachusetts law for involuntary civil commitment for substance abuse, both focused on reconciliation or urgent intervention. Other uses include Missouri's Right to Farm law and Australian Information Law regarding document existence. The purpose varies from protecting Indigenous rights (Canada) to emergency treatment (MA) or land use (MO).

What is the purpose of section 35 of the constitution?

Section 35 is the part of the Constitution Act that recognizes and affirms Aboriginal rights. The Canadian government did not initially plan to include Aboriginal rights so extensively within the constitution when the Act was being redrafted in the early 1980s.

What does section 35 mean?

Section 35 is a Massachusetts law that allows a qualified person to request a court order requiring someone to be civilly committed and treated involuntarily for an alcohol or substance use disorder.

How does section 35 work in MA?

Massachusetts General Laws Chapter 123, sec 35 permits the courts to involuntarily commit someone who has an alcohol or substance use disorder and there is a likelihood of serious harm as a result of one's alcohol or substance use to an inpatient treatment facility.

What is the section 35 crime?

Section 35 of the Anti-Social Behaviour, Crime and Policing Act 2014 gives a Police Constable and a Police Community Support Officer in uniform the power to exclude a person from an area for a period of up to 48 hours with an Inspector's authority.

📅 How Long is a Section 35 (Substance Abuse) Commitment?

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What are criticisms of section 35?

As the Massachusetts Medical Society says, “Being sent to a correctional facility for [substance use disorder] treatment exacerbates the shame and stigma that people with addiction experience, and the punitive environment in these facilities is traumatizing and not conducive to recovery.” A 2019 commission that ...

What evidence do you need for anti-social behaviour?

We recommend a simple diary with the date, time and place the behaviour happened, what you were doing at that time, and also how you felt. This all helps to build up a picture for the agencies that get involved.

What triggers someone to be sectioned?

You have a mental health condition that has serious symptoms. These can significantly impact your perception, mood, judgment and behavior. Symptoms pose an immediate health and safety threat to yourself and/or others.

How do I file a section 35 in MA?

In person +

The court opens at 8:30 a.m. Go to the clerk's office and ask for the person who helps with the Section 35 petitions. It helps if you know where the respondent (the person at risk of hurting themself or others) is. Fill out and sign the petition.

How do I report someone who is mentally unstable?

To report someone who seems mentally unstable, call 911 for immediate danger, use local crisis lines (like 988 or NAMI), or contact county mental health services, always emphasizing the person is a risk to themselves or others to get specialized responders like Crisis Intervention Team (CIT) officers. If it's not an emergency, reach out to NAMI's helpline for support and resources, or ask a magistrate to initiate an involuntary commitment if serious danger exists, as outlined in NC DHHS's guidelines. 

What is the summary of section 35?

Section 35 of the Constitution Act, 1982 provides constitutional protection to the Aboriginal and treaty rights of Aboriginal peoples in Canada. The section, while within the Constitution of Canada, falls outside the Canadian Charter of Rights and Freedoms.

What is the rule 35 in Massachusetts?

When the mental or physical condition (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician or to produce for examination ...

What is a section 35 interview?

After applying for International Protection at the International Protection Office, or City West, you will wait to be invited to attend an interview with an International Protection Officer. This is called your Section 35, or Substantive, interview.

What are examples of rights affirmed by section 35?

The section does not define the term "aboriginal rights" or provide a closed list; some examples of the rights that section 35 has been found to protect are fishing, logging, hunting, the right to land (cf. aboriginal title) and the right to enforcement of treaties.

What does article 35 talk about?

Article 35 gives Parliament the exclusive power to make laws relating to Articles 16 (3), 32 (3), 33 and 34. Further, this Article enables the Parliament to prescribe punishment to offences under the fundamental rights part.

What's the historical context of section 35?

The purpose of section 35 has been stated in many ways over the years. At its core, section 35(1) serves to recognize the prior occupation of Canada by Aboriginal societies and to reconcile their contemporary existence with Crown sovereignty (Desautel, SCC).

How to get someone mental help when they refuse?

To help someone refusing mental health care, approach with empathy, use "I" statements, educate yourself on their potential condition, and offer small, low-pressure steps like a primary care visit, while reducing barriers by offering to go with them; if they're an immediate danger, call 988 or 911. Avoid ultimatums, focus on their goals, and provide unconditional support to build trust, as convincing them often takes patience and persistence. 

What are the three things you need for a lawsuit?

If you can prove the 3 elements of standing to sue, you have a valid legal claim.

  • Injury in Fact. Injury in fact means that a person has suffered an actual injury. ...
  • Causation. Causation means that the injury to the plaintiff was caused by the party that is being sued. ...
  • Redressability.

What are the grounds for contempt?

Contempt stems from feeling superior to someone perceived as inferior, often triggered by perceived moral failings, incompetence, or repeated disrespect, leading to arrogance, disgust, and a desire to demean; it's fueled by unresolved resentment, poor communication, power imbalances, and underlying issues like low self-esteem or prejudice, ultimately eroding trust and intimacy. 

What do you do when a family member is mentally unstable?

Dealing with a mentally unstable family member involves showing compassionate support, encouraging professional help (like suggesting a GP or therapist), educating yourself on their condition, setting healthy boundaries, and prioritizing your own well-being by seeking support groups or therapy for yourself. Focus on calm, non-judgmental communication, validating their feelings ("That sounds hard"), and offering practical help with daily tasks, while never pressuring them to "snap out of it" or dismissing their experience as just a mood.
 

What is the hardest mental illness to live with?

There's no single "hardest" mental illness, as experiences vary, but Schizophrenia, Borderline Personality Disorder (BPD), Bipolar Disorder, and severe Eating Disorders (like Anorexia Nervosa) are often cited as extremely challenging due to their profound impact on reality, emotions, relationships, and daily functioning, often involving symptoms like psychosis, severe mood swings, intense instability, and distorted self-perception. 

What causes someone to be put in a mental institution?

You'd be put in a mental hospital for severe mental health crises like acute suicidal/homicidal thoughts, self-harm, psychosis (hallucinations/delusions), or when you're a danger to yourself or others, unable to care for basic needs (eating, bathing), or need intensive stabilization for conditions like severe depression, bipolar disorder, or addiction that can't be managed with outpatient care.
 

What are the 5 anti-social behaviors?

Antisocial behaviors may include severe bullying and aggression towards others, lying and theft, vandalism, use of violence and threats, and substance or alcohol abuse.

Who is most likely to commit anti-social behaviour?

Individuals with mental health difficulties are more likely to be victims and/or perpetrators of anti-social behaviour.

How to get someone evicted for noise?

For an eviction to be legally enforced, the landlord must provide sufficient documentation proving that noise disturbances have occurred. Evidence may include: Written complaints from neighbors or building management. Police reports or noise violation citations.