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100+ Free NCA Constitutional Law Practice Questions

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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

OpenExamPrep question bank

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 Exam

The NCA Canadian Constitutional Law Examination is one of the subjects assigned by the National Committee on Accreditation to internationally trained lawyers and Canadian civil-law graduates seeking a Certificate of Qualification. The real exam is a three-hour, open-book, online-proctored exam consisting of problem questions and short-answer or short-essay questions that test the ability to identify and apply constitutional doctrine, not rote memorization. It covers the division of powers under the Constitution Act, 1867 (ss. 91/92), the Canadian Charter of Rights and Freedoms, s. 35 Aboriginal and treaty rights, the amending formula, and constitutional interpretation. Our 100 multiple-choice questions are knowledge-prep designed to lock in the rules and leading cases before you write the essay exam.

Assessment

Question count not published by the exam provider

Time Limit

3 hours (open-book, online-proctored)

Passing Score

50% (pass/fail)

Exam Fee

CAD $500 per exam (plus taxes) (National Committee on Accreditation (NCA), Federation of Law Societies of Canada)

NCA Constitutional Law Exam Content Outline

30%

Division of Powers (ss. 91/92)

Pith and substance and characterization; federal heads under s. 91 including POGG (emergency, national concern, gap branches), trade and commerce (General Motors), and the criminal law power (Margarine Reference, Firearms Reference, RJR-MacDonald); provincial heads under s. 92 including property and civil rights (s. 92(13)) and local matters; double aspect and colourability

30%

The Canadian Charter of Rights and Freedoms

Fundamental freedoms under s. 2 (religion, expression, association); legal rights under ss. 7-14 (Carter, Morgentaler, Bedford, Oakes, Grant, Hunter v Southam); equality under s. 15 (Andrews, Vriend, Fraser); the s. 1 Oakes test; s. 24 remedies; s. 33 notwithstanding clause; and application under s. 32

15%

Federalism Doctrines

Federal paramountcy (operational conflict in Multiple Access; frustration of purpose in Bank of Montreal v Hall); interjurisdictional immunity and its narrow modern scope (Canadian Western Bank); ancillary powers; cooperative federalism; and s. 121 interprovincial free trade (Comeau)

10%

Aboriginal and Treaty Rights (s. 35)

The Sparrow justification framework; the Van der Peet test for Aboriginal rights; Aboriginal title (Tsilhqot'in); Metis rights (Powley); the duty to consult and accommodate (Haida Nation); the honour of the Crown; and the s. 25 interpretive shield

8%

Amending Formula and Constitutional Structure

The general (7/50) procedure under s. 38; unanimity under s. 41; bilateral amendments under s. 43; federal-only amendments under s. 44; patriation and Part V; the supremacy clause (s. 52); and the Senate Reform Reference

7%

Judicial Review and Interpretation

Constitutional supremacy and judicial review; the reference procedure; s. 96 superior courts and their protected core; judicial independence (Provincial Judges Reference); the living tree doctrine; unwritten constitutional principles (Secession Reference); and public interest standing

How to Pass the NCA Constitutional Law Exam

What You Need to Know

  • Passing score: 50% (pass/fail)
  • Assessment: Question count not published by the exam provider
  • Time limit: 3 hours (open-book, online-proctored)
  • Exam fee: CAD $500 per exam (plus taxes)

Keys to Passing

  • Work through all 100 available questions
  • Review every answer and explanation
  • Track weak areas and revisit them
  • Use our AI tutor for tough concepts

NCA Constitutional Law Study Tips from Top Performers

1For every division-of-powers problem, follow a fixed structure: identify the impugned law, determine its pith and substance from purpose and effects, classify it under a head of power, then consider double aspect, ancillary powers, paramountcy, and interjurisdictional immunity
2Memorize the two-stage Oakes test (pressing and substantial objective, then rational connection, minimal impairment, and proportionate effects) so you can apply it automatically to any Charter limit under s. 1
3Keep s. 35 analysis separate from the Charter: Aboriginal and treaty rights are not subject to s. 1 or s. 33, and infringements are justified under the distinct Sparrow framework grounded in the honour of the Crown
4Build a one-page case map linking each leading authority to its proposition (Oakes to s. 1, Big M to purpose and effect, Sparrow to s. 35 justification, Tsilhqot'in to Aboriginal title, Comeau to s. 121) so you can cite accurately under open-book conditions
5Because the exam is open book, prepare tabbed, well-indexed summaries rather than relying on bulk textbook reading during the three hours; speed of retrieval matters more than volume of notes
6Write your answers in full sentences using IRAC, state reasonable factual assumptions, and briefly cite the constitutional provisions and cases - the examiners reward analysis and application, not copying out text

Frequently Asked Questions

What is the format of the NCA Canadian Constitutional Law exam?

The NCA Canadian Constitutional Law exam is a three-hour, open-book, online-proctored examination. It consists of problem questions and short-answer or short-essay questions rather than multiple choice. A typical problem question describes a statute or government action and asks you to assess its consistency with the Constitution Act, 1867 and the Constitution Act, 1982. Answers must be written in complete sentences with citation to the relevant authorities. The 100 multiple-choice questions on this page are knowledge-prep to help you master the rules before the essay exam.

How much does the NCA Constitutional Law exam cost and what is the passing mark?

As of April 2025, the registration fee for each NCA exam is CAD $500 plus applicable taxes. The exam is graded on a pass/fail basis, and 50% is a passing mark. The NCA does not publish subject-level pass rates. The NCA assessment fee (CAD $400) is charged separately at the earlier credential-assessment stage.

What topics does the NCA Constitutional Law exam cover?

The exam covers the division of powers under the Constitution Act, 1867 (ss. 91 and 92, including POGG, trade and commerce, the criminal law power, and property and civil rights), federalism doctrines such as paramountcy and interjurisdictional immunity, the Canadian Charter of Rights and Freedoms (including fundamental freedoms, legal rights, equality, the s. 1 Oakes test, s. 24 remedies, and the s. 33 notwithstanding clause), s. 35 Aboriginal and treaty rights, the amending formula, and constitutional interpretation.

Who administers the NCA exams and who needs to write them?

The National Committee on Accreditation (NCA), a standing committee of the Federation of Law Societies of Canada, administers the exams. They are written by internationally trained lawyers and graduates of Canadian civil-law programs who need a Certificate of Qualification to apply for admission to a law society in a Canadian common-law jurisdiction. The NCA assigns each candidate a set of subjects based on an assessment of their education and experience.

Which cases are most important for the NCA Constitutional Law exam?

Key cases include R v Oakes (the s. 1 test), R v Big M Drug Mart (freedom of religion), Reference re Secession of Quebec (unwritten principles), Reference re Firearms Act (criminal law power), Carter v Canada (s. 7), Vriend v Alberta (s. 15 reading in), R v Sparrow and Tsilhqot'in Nation (s. 35 and Aboriginal title), Haida Nation (duty to consult), and Reference re Greenhouse Gas Pollution Pricing Act (national concern branch of POGG).

How should I prepare for the NCA Constitutional Law exam?

Plan for roughly 80 to 150 hours of self-study. Obtain the current syllabus and the assigned materials, including Peter Hogg's Constitutional Law of Canada and the required cases (available free on CanLII). Build a one-page issue map for division-of-powers analysis (characterize, then classify) and a Charter checklist (right, breach, s. 1 Oakes test, remedy). Because the exam is open book, prepare concise, well-indexed summaries you can navigate quickly, and practise fact-based problem questions in IRAC format under timed conditions. Use these 100 practice questions to confirm you know the rules cold.