The author proposes an interpretation of section 35 of the Constitution Act, 1982, and its related jurisprudence, in light of certain general principles emanating from Supreme Court judgments that discuss section 23 of the Canadian Charter of Rights and Freedoms. Section 23 provides guarantees of language rights to official-language communities. The following argument flows from this interpretation: aboriginal rights in section 35 create language rights and impose a positive obligation on the state to promote the vitality of aboriginal languages. This obligation is distinct from the state’s obligation concerning official languages, which serves to ensure equality between the two official linguistic communities. The state’s positive obligation toward aboriginal linguistic communities requires the development of structures necessary for the preservation of aboriginal linguistic heritage in order to ensure its transmission from one generation to the next. The content of this obligation may vary from one linguistic community to another, depending on the linguistic environment specific to a given community. The author proposes that this interpretation of section 35 also corresponds to the principles promulgated by the international treaties concerning aboriginal rights to which Canada is a signatory.