NCA Constitutional Law Prep
Practice Test

A. Provincial governments

B. Municipal governments

C. Federal government ✓

D. Joint federal-provincial authority

Correct — C. Section 91(24) of the Constitution Act, 1867 grants the federal government exclusive legislative authority over 'Indians, and Lands reserved for the Indians.' This means provincial laws that purport to directly regulate Indigenous peoples or their reserve lands can be challenged through the doctrine of interjurisdictional immunity.

A. Commercial advertising

B. Hate speech targeting identifiable groups

C. Violent forms of expression ✓

D. Political speech critical of the government

Correct — C. The Supreme Court of Canada has held that Section 2(b) protects all forms of expression that convey or attempt to convey meaning, regardless of the content or method, with the single exception of violence or threats of violence. Hate speech, commercial advertising, and other contentious forms of expression may still be limited under Section 1 but are not categorically excluded from the ambit of Section 2(b) protection.

A. Section 15

B. Section 25

C. Section 35 ✓

D. Section 52

Correct — C. Section 35 of the Constitution Act, 1982 recognizes and affirms the existing Aboriginal and treaty rights of Aboriginal peoples of Canada. Crucially, Section 35 falls outside the Charter and therefore cannot be overridden by the notwithstanding clause, nor is the Oakes test applied to justify infringements.

A. Federalism

B. Democracy

C. Judicial supremacy ✓

D. Protection of minorities

Correct — C. The Supreme Court in Reference re Secession of Quebec identified four unwritten constitutional principles: federalism, democracy, constitutionalism and the rule of law, and protection of minorities. 'Judicial supremacy' is not one of these principles; instead, the rule of law encompasses the supremacy of the Constitution itself.

A. Section 1

B. Section 15

C. Section 33 ✓

D. Section 52

Correct — C. Section 33 of the Charter is the 'notwithstanding clause,' which allows Parliament or a provincial legislature to declare that a statute operates 'notwithstanding' certain Charter provisions. Any such declaration expires after five years and must be renewed to continue in effect.

A. That the law is rationally connected to a pressing objective

B. That the law is prescribed by law and pursues a pressing and substantial objective ✓

C. That the law minimally impairs Charter rights

D. That the effects of the law are proportionate

Correct — B. The Oakes test has two main stages. The government must first show that the limit is 'prescribed by law' and that the legislative objective is 'pressing and substantial.' Only after satisfying this threshold does the court proceed to the three-part proportionality analysis: rational connection, minimal impairment, and proportionality of effects.

A. Provincial law always prevails over federal law in matters of property rights

B. Where valid federal and provincial laws conflict, the federal law prevails and the provincial law is rendered inoperative to the extent of the conflict ✓

C. Federal law can only override provincial law if Parliament uses the notwithstanding clause

D. Courts must harmonize conflicting federal and provincial laws to give effect to both

Correct — B. The doctrine of federal paramountcy provides that where there is an operational conflict between a valid federal law and a valid provincial law, the federal law prevails and the provincial law is rendered inoperative to the extent of the conflict. The provincial law is not struck down but remains dormant while the federal law is operative.

A. Determine whether a law violates a Charter right

B. Identify the dominant purpose of legislation to assign it to the correct head of power ✓

C. Assess whether a law minimally impairs constitutional rights

D. Evaluate whether a law serves a pressing and substantial objective

Correct — B. The pith and substance doctrine is used to characterize legislation by identifying its dominant purpose and effect in order to assign it to the correct head of legislative power under the Constitution Act, 1867. A law valid in pith and substance under one head of power may incidentally affect matters within another jurisdiction without being invalid.