NCA Canadian Constitutional Law

Question 1

Which document is the supreme law of Canada that makes any inconsistent law of no force or effect?

Accepted Answer

The Constitution Act, 1982

Answer

The Constitution Act, 1867

Answer

The Canadian Bill of Rights, 1960

Answer

The Statute of Westminster, 1931

Question 2

Under the Constitution Act, 1867, which section distributes legislative powers between Parliament and the provincial legislatures?

Accepted Answer

Sections 91 and 92

Answer

Sections 96 and 101

Answer

Sections 121 and 125

Answer

Sections 133 and 135

Question 3

The 'peace, order, and good government' clause in s. 91 of the Constitution Act, 1867 gives Parliament residual power. In which scenario has the Supreme Court of Canada upheld POGG as a basis for federal legislation?

Accepted Answer

Enacting anti-inflation measures as a national emergency

Answer

Regulating provincial labour relations

Answer

Licensing provincial taverns

Answer

Establishing municipal zoning rules

Question 4

Which constitutional doctrine allows a validly enacted federal or provincial law to apply to a matter that would otherwise fall under the other level of government's jurisdiction, provided the law is 'in pith and substance' within the enacting body's jurisdiction?

Accepted Answer

Double aspect doctrine

Answer

Paramountcy doctrine

Answer

Interjurisdictional immunity doctrine

Answer

Cooperative federalism doctrine

Question 5

Under the federal paramountcy doctrine, when does a validly enacted provincial law become inoperative?

Accepted Answer

When there is an operational conflict with a valid federal law, or the provincial law frustrates a federal purpose

Answer

Whenever it touches a matter listed in s. 91

Answer

Whenever the federal government passes legislation on any related topic

Answer

When a provincial court declares it unconstitutional

Question 6

Which of the following is NOT a recognized head of provincial legislative authority under s. 92 of the Constitution Act, 1867?

Accepted Answer

Criminal law and procedure

Answer

Property and civil rights in the province

Answer

Matters of a merely local or private nature

Answer

The incorporation of companies with provincial objects