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100+ Free NCA Constitutional Law Practice Questions
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Section 35(2) of the Constitution Act, 1982 defines 'aboriginal peoples of Canada.' Which groups are expressly included?
A
B
C
D
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2026 Statistics
Key Facts: NCA Constitutional Law Exam
3 hours
Open-book, online-proctored exam length
National Committee on Accreditation
50%
Passing mark (pass/fail)
National Committee on Accreditation
CAD $500
Registration fee per exam (plus taxes)
Federation of Law Societies of Canada (2025)
ss. 91/92
Division of powers (Constitution Act, 1867)
Constitution Act, 1867
10-12 weeks
Time to release exam results
National Committee on Accreditation
100+
Practice Questions Here
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The NCA Canadian Constitutional Law exam is a 3-hour, open-book, online-proctored exam graded pass/fail at 50%. It tests the division of powers (Constitution Act, 1867 ss. 91/92, POGG, trade and commerce, criminal law power, property and civil rights), federalism doctrines (paramountcy, interjurisdictional immunity), the Canadian Charter of Rights and Freedoms (ss. 2, 7-15, the s. 1 Oakes test, s. 24 remedies, s. 33 notwithstanding clause), s. 35 Aboriginal and treaty rights, the amending formula, and constitutional interpretation. Candidates self-study from the syllabus, the Hogg textbook, and assigned cases. The registration fee is CAD $500 per exam plus taxes. These 100 free multiple-choice questions are knowledge-prep to drill the rules and leading cases; the actual exam is essay/short-answer.
Sample NCA Constitutional Law Practice Questions
Try these sample questions to test your NCA Constitutional Law exam readiness. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.
1Parliament enacts a statute prohibiting the possession of a newly synthesized recreational drug, attaching a fine and possible imprisonment for breach. A province challenges the law as exceeding federal authority. Under which head of power is this enactment most readily sustained?
A.The criminal law power under s. 91(27)
B.Trade and commerce under s. 91(2)
C.Property and civil rights under s. 92(13)
D.Matters of a merely local nature under s. 92(16)
Explanation: A valid exercise of the criminal law power under s. 91(27) requires a prohibition, a penalty, and a criminal law purpose (such as protection of health or public safety). Drug prohibition backed by penalties for a public-health purpose squarely fits this test, as confirmed in RJR-MacDonald and the Margarine Reference.
2In R v Oakes, the Supreme Court of Canada established the framework for analyzing whether a limit on a Charter right is justified under s. 1. What is the first stage of the Oakes test?
A.The limit must impair the right as little as reasonably possible
B.There must be proportionality between the effects and the objective
C.The objective of the limit must be pressing and substantial
D.The limit must be prescribed by law and not arbitrary
Explanation: Under R v Oakes (1986), s. 1 analysis proceeds in two stages. The first stage requires that the objective of the limiting measure be pressing and substantial in a free and democratic society. Only if that threshold is met does the Court move to the three-part proportionality analysis.
3A provincial statute requires all businesses to close on Sundays. A retailer challenges it as violating freedom of religion. In R v Big M Drug Mart, what did the Supreme Court hold about the purpose of a similar federal Lord's Day Act?
A.The law was valid because its effect was merely a uniform day of rest
B.The law violated s. 2(a) because its purpose was religious - compelling observance of the Christian Sabbath
C.The law was a valid exercise of provincial power over property and civil rights
D.The law could not be challenged because the retailer was a corporation
Explanation: In R v Big M Drug Mart (1985), the Court struck down the federal Lord's Day Act as violating s. 2(a) freedom of religion. Both the purpose and effect of a law can render it unconstitutional, and here the purpose was religious - to compel observance of the Christian Sabbath - which is impermissible.
4The 'pith and substance' doctrine is central to division-of-powers analysis. What does a court do when it determines the pith and substance of a challenged law?
A.It assesses whether the law unjustifiably limits a Charter right
B.It decides which level of government enacted the law first
C.It measures the practical economic impact of the law on each province
D.It identifies the dominant characteristic or 'matter' of the law to assign it to a head of power
Explanation: Pith and substance analysis identifies the dominant feature or 'matter' of a law by examining its purpose and effects, then assigns that matter to a head of power under ss. 91 or 92. Incidental effects on the other level's jurisdiction do not invalidate an otherwise valid law.
5Section 91 of the Constitution Act, 1867 opens with the 'Peace, Order, and good Government' (POGG) clause. Which of the following is a recognized branch under which POGG may support federal legislation?
A.The national concern branch
B.The fiscal branch
C.The criminal procedure branch
D.The interjurisdictional immunity branch
Explanation: POGG has been applied through three branches: the gap branch, the emergency branch, and the national concern branch (Crown Zellerbach; Reference re Greenhouse Gas Pollution Pricing Act). The national concern branch requires a matter of single, distinct, and indivisible quality of national importance.
6In the doctrine of federal paramountcy, what happens when a validly enacted provincial law conflicts with a validly enacted federal law?
A.Both laws are struck down entirely
B.The federal law is read down to avoid the conflict
C.The provincial law is rendered inoperative to the extent of the conflict
D.The court refers the matter to Parliament for resolution
Explanation: Under federal paramountcy, where there is an operational conflict (impossibility of dual compliance) or where the provincial law frustrates a federal purpose (Multiple Access; Bank of Montreal v Hall; Saskatchewan v Lemare Lake), the provincial law is rendered inoperative to the extent of the conflict - it is not invalidated, merely suspended while the conflict exists.
7In the Reference re Secession of Quebec, the Supreme Court of Canada identified four foundational constitutional principles. Which set correctly lists them?
A.Sovereignty, equality, liberty, and fraternity
B.Federalism, democracy, constitutionalism and the rule of law, and protection of minorities
C.Parliamentary supremacy, judicial independence, bilingualism, and multiculturalism
D.Federalism, free trade, responsible government, and the Crown
Explanation: In the Reference re Secession of Quebec (1998), the Court identified four underlying constitutional principles: federalism, democracy, constitutionalism and the rule of law, and the protection of minorities. These unwritten principles inform constitutional interpretation and would govern any negotiation following a clear referendum result.
8Section 35 of the Constitution Act, 1982 recognizes and affirms existing Aboriginal and treaty rights. In R v Sparrow, what test did the Supreme Court establish for justifying an infringement of an Aboriginal right?
A.The Oakes proportionality test applies directly to s. 35
B.Any infringement is automatically unconstitutional and cannot be justified
C.The Crown need only show the law applies equally to all Canadians
D.There must be a valid legislative objective and the honour of the Crown must be upheld
Explanation: R v Sparrow (1990) held that s. 35 rights, while not absolute, can only be infringed where the Crown demonstrates a valid legislative objective (such as conservation) and that the infringement is consistent with the honour of the Crown and the special fiduciary relationship - including priority of the Aboriginal right after conservation, minimal impairment, and consultation.
9Section 33 of the Charter is known as the 'notwithstanding clause.' Which Charter rights can a legislature override using s. 33?
A.Only the rights in ss. 2 and 7 to 15 (fundamental freedoms, legal rights, and equality rights)
B.All rights in the Charter, including democratic and mobility rights
C.Only equality rights under s. 15
D.Only language and minority education rights under ss. 16 to 23
Explanation: Section 33 allows Parliament or a provincial legislature to declare that a statute operates notwithstanding the rights in s. 2 (fundamental freedoms) and ss. 7 to 15 (legal rights and equality rights). A declaration lasts up to five years and may be re-enacted. Democratic, mobility, and language rights cannot be overridden.
10A federal statute regulates a particular industry by setting prices and production quotas across the country. To sustain this under the general (second) branch of the trade and commerce power, which of the following factors from General Motors v City National Leasing is most relevant?
A.Whether the province consented to the federal regulation
B.Whether the industry is owned by the federal Crown
C.Whether the scheme is part of a regulatory system overseen by a regulatory agency
D.Whether the regulation generates net revenue for Parliament
Explanation: General Motors v City National Leasing (1989) set out indicia for the general trade and commerce branch, including: a general regulatory scheme overseen by a regulatory agency, a concern with trade as a whole rather than a particular industry, provinces being jointly or severally incapable of enacting the scheme, and that failure to include one province would jeopardize the scheme.
About the NCA Constitutional Law Practice Questions
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