NCA Constitutional Law study guide
NCA Constitutional Law · Work through your exam, one topic at a time.
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 study guide has 8 sections and about 2,234 words.
01Sources and Nature of the Constitution
The Constitution of Canada is not a single document. Section 52(2) of the Constitution Act, 1982 defines the Constitution as the Act itself, the Constitution Act, 1867, the amendments referred to in the Schedule, and any other amendment.
327 words, about 2 min02Constitutional Interpretation and Principles
Canadian courts use several approaches. The living tree doctrine, from Edwards v Canada (AG), treats the Constitution as a living organism capable of growth within its original meaning.
292 words, about 1 min03Federalism and Division of Powers
Sections 91 and 92 of the Constitution Act, 1867 divide legislative authority. Section 91 lists federal heads, including the peace, order and good government power and criminal law; section 92 lists provincial heads such as property and civil rights, and matters of a merely local or private nature.
308 words, about 2 min04Paramountcy and Interjurisdictional Immunity
When a valid federal law and a valid provincial law conflict, the federal law prevails under section 52. Conflict arises when compliance with both is impossible (operational conflict) or when the provincial law frustrates a federal purpose.
280 words, about 1 min05Aboriginal and Treaty Rights
Section 35(1) of the Constitution Act, 1982 recognizes and affirms existing Aboriginal and treaty rights. These are not created by the Charter and are not subject to section 1.
254 words, about 1 min06Charter Application and Limits
Section 32(1) applies the Charter to Parliament and the federal government, and to provincial legislatures and governments. Courts have extended application to entities exercising governmental functions or subject to substantial government control, such as municipalities and some administrative bodies.
281 words, about 1 min07Charter Rights and Freedoms
Section 2 protects fundamental freedoms: conscience and religion, thought, belief, opinion and expression, peaceful assembly, and association. Section 7 protects life, liberty and security of the person, but only against deprivations inconsistent with fundamental justice.
247 words, about 1 min08Remedies and Constitutional Litigation
Constitutional challenges require standing. Private litigants must show a direct interest; public interest standing is discretionary and considers serious justiciability, genuine interest, and whether the issue is otherwise unlikely to be litigated.
245 words, about 1 min