Free National Committee on Accreditation Canadian Constitutional Law Examination Practice Questions

Sample Practice Questions

Try these 10 sample questions from the National Committee on Accreditation Canadian Constitutional Law Examination practice bank. Each includes the answer and explanation. Continue with the interactive practice above to review the full question set.

1. 1Under the general amending procedure in section 38 of the Constitution Act, 1982, what is the minimum provincial support required in addition to the federal resolutions?

   1. A.At least two-thirds of provinces, representing at least half of the provincial population.Correct answer: A
   2. B.At least half of provinces, representing at least two-thirds of the provincial population.
   3. C.All provinces, regardless of their share of the provincial population.
   4. D.Any two provinces, provided they contain at least half of the provincial population.

   Explanation: The Constitution Act states: "resolutions of the legislative assemblies of at least two-thirds of the provinces that have, in the aggregate, according to the then latest general census, at least fifty per cent of the population of all the provinces." Both provincial thresholds apply together; the other options substitute a different threshold.

   Reference: Constitution Act, 1982 — s. 38(1)(b)

2. 2Under section 95 of the Constitution Act, 1867, which level of government may legislate concerning agriculture within a province?

   1. A.The provincial legislature alone has legislative authority.
   2. B.Both Parliament and the provincial legislature have legislative authority.Correct answer: B
   3. C.Parliament alone has legislative authority.
   4. D.Neither level has authority without unanimous provincial agreement.

   Explanation: The Constitution Act states: "In each Province the Legislature may make Laws in relation to Agriculture in the Province, and to Immigration into the Province; and it is hereby declared that the Parliament of Canada may from Time to Time make Laws in relation to Agriculture in all or any of the Provinces" Both orders have the stated power, subject to the provision's rule on conflicting laws.

   Reference: Constitution Act, 1867 — s. 95

3. 3What does section 35(1) of the Constitution Act, 1982 do with existing Aboriginal and treaty rights?

   1. A.It recognizes and affirms the existing rights.Correct answer: A
   2. B.It recognizes but extinguishes the existing rights.
   3. C.It recognizes only rights newly created after 1982.
   4. D.It recognizes rights only as ordinary provincial statutes.

   Explanation: The Constitution Act, 1982 provides: "The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed." The provision recognizes and affirms existing Aboriginal and treaty rights.

   Reference: Constitution Act, 1982 — s. 35(1)

4. 4How does section 26 direct interpretation of the Charter's guarantees in relation to other existing rights and freedoms in Canada?

   1. A.The listed guarantees must not be construed as denying their existence.Correct answer: A
   2. B.The listed guarantees automatically extinguish every unlisted right.
   3. C.Only listed rights may exist under any Canadian law.
   4. D.Unlisted rights exist only when added to the Charter by a court.

   Explanation: The Charter provides: "The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada." Section 26 prevents the specified inference that the guarantee of some rights denies other existing rights.

   Reference: Canadian Charter of Rights and Freedoms — s. 26

5. 5Which amending procedure applies to the office of the Governor General under section 41 of the Constitution Act, 1982?

   1. A.Federal resolutions and resolutions of the legislatures of all provinces.Correct answer: A
   2. B.Federal resolutions and resolutions of only the provinces directly affected.
   3. C.Federal resolutions and resolutions of seven provinces with half the population.
   4. D.A law enacted exclusively by the Parliament of Canada.

   Explanation: The Constitution Act states: "only where authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province" Section 41(a) places the office in the unanimous procedure. The other choices describe different or incomplete authorization rules.

   Reference: Constitution Act, 1982 — s. 41(a)

6. 6A provincial agriculture law is repugnant to an applicable federal agriculture Act. What does section 95 say about the provincial law's operation?

   1. A.It continues to operate even to the extent of the repugnancy.
   2. B.It automatically replaces the federal Act within the province.
   3. C.It operates only as long and as far as it is not repugnant to the federal Act.Correct answer: C
   4. D.It displaces the federal Act if enacted later in time.

   Explanation: The Constitution Act states: "any Law of the Legislature of a Province relative to Agriculture or to Immigration shall have effect in and for the Province as long and as far only as it is not repugnant to any Act of the Parliament of Canada." The express rule limits the effect of the provincial law to the extent it is not repugnant; neither priority by enactment date nor automatic replacement is stated.

   Reference: Constitution Act, 1867 — s. 95

7. 7Which peoples are expressly included in the definition of Aboriginal peoples of Canada in section 35(2)?

   1. A.Indian, Inuit and Métis peoples of Canada.Correct answer: A
   2. B.Only the Indian and Inuit peoples of Canada.
   3. C.Only the Inuit and Métis peoples of Canada.
   4. D.Only the Indian and Métis peoples of Canada.

   Explanation: The Constitution Act, 1982 provides: "aboriginal peoples of Canada includes the Indian, Inuit and Métis peoples of Canada." The constitutional definition expressly includes all three groups.

   Reference: Constitution Act, 1982 — s. 35(2)

8. 8What does section 27 require when the Charter is interpreted?

   1. A.Interpretation consistent with preserving and enhancing multicultural heritage.Correct answer: A
   2. B.Interpretation confined to preserving the heritage as it existed in 1982.
   3. C.Interpretation consistent with preserving heritage but excluding its enhancement.
   4. D.Interpretation that denies other rights not listed in the Charter.

   Explanation: The Charter provides: "This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians." Section 27 provides an interpretive direction concerning multicultural heritage.

   Reference: Canadian Charter of Rights and Freedoms — s. 27

9. 9A proposed constitutional amendment would alter the boundary between two provinces. Which provincial legislative assemblies must authorize it under section 43?

   1. A.The legislative assemblies of every province to which the amendment applies.Correct answer: A
   2. B.The legislative assemblies of at least seven provinces regardless of the boundary.
   3. C.The legislative assemblies of all provinces and territories in Canada.
   4. D.The legislative assembly of just one of the two affected provinces.

   Explanation: The Constitution Act states: "the legislative assembly of each province to which the amendment applies" Section 43 expressly includes changes to provincial boundaries. Federal resolutions are also required; the question asks which provincial assemblies must authorize.

   Reference: Constitution Act, 1982 — s. 43

10. 10A federal law is made under section 94 of the Constitution Act, 1867 to make property and civil rights laws uniform in Ontario. When can that law take effect in Ontario?

    1. A.When Ontario's legislature adopts and enacts the federal law.Correct answer: A
    2. B.When Parliament enacts the law, without provincial adoption.
    3. C.When Ontario's executive approves it without legislative enactment.
    4. D.When another province adopts the law for its own territory.

    Explanation: The Constitution Act states: "any Act of the Parliament of Canada making Provision for such Uniformity shall not have effect in any Province unless and until it is adopted and enacted as Law by the Legislature thereof." The express condition is adoption and enactment by the province's legislature; federal passage alone does not satisfy it.

    Reference: Constitution Act, 1867 — s. 94