NCA Constitutional Law case studies
NCA Constitutional Law · Put your knowledge to work in context.
The NCA Constitutional Law examination is one of the challenge assessments offered by the National Committee on Accreditation, the body that evaluates the legal education of lawyers and law graduates trained outside Canada who seek to qualify in a Canadian common law jurisdiction. Passing it demonstrates that a candidate can reason about Canadian constitutional law at a level comparable to a Canadian law school course. The NCA Constitutional Law case studies are 5 cases and about 3,266 words.
1The Provincial Highway Toll and the Interprovincial Carrier
A province enacts the Highway Cost Recovery Act, imposing a per-kilometre toll on all commercial trucks over 4,500 kg using its highways. The stated purpose is road maintenance and accident prevention; the province's own data show heavy trucks cause most pavement damage.
725 words, about 4 min2Charter Application to a University's Disciplinary Tribunal
A public university, created by provincial statute and funded largely by government grants, operates a residence disciplinary tribunal. A student is expelled from residence after a hearing in which the tribunal relied on an anonymous complaint the student never saw, and refused to let the student cross-examine the complainant.
666 words, about 3 min3Treaty Right, Provincial Forestry Law, and the Duty to Consult
A First Nation holds a treaty right to hunt for food on unoccupied Crown lands, affirmed by section 35. The province proposes to authorize a large clear-cut on Crown land within the Nation's traditional territory.
653 words, about 3 min4Charter Limits on a Municipal Nuisance Bylaw
A city enacts a bylaw prohibiting 'any gathering of more than three persons on a public sidewalk for the purpose of expressing a viewpoint' between 8 a.m. and 8 p.m., citing pedestrian safety and business access.
624 words, about 3 min5Federal Criminal Power and a Provincial Health Measure
The federal government enacts a Criminal Code amendment creating an offence of possessing 'unauthorized controlled substances' in defined circumstances, with a stated purpose of protecting public health and safety. A province, concerned about overdose deaths, enacts its own law decriminalizing simple possession within its borders and establishing supervised consumption sites.
598 words, about 3 min