PrepTest 118, Section 2, Question 20

Working the answers

• A

  This turns the criticism of the Ontario ruling into a general account of overly conservative provincial rulings blocking reform. The broader problem is interpreting general language, not a demonstrated pattern of excessive conservatism throughout the provincial courts.

• B

  The courts' burden is real, but efforts haven't been halted: the opening expressly mentions “continued efforts.” B also narrows the discussion to land ownership, leaving out the problem of establishing protected customs.

• C
  Correct

  This captures the uncertainty created by translating broad constitutional language into specific rulings. The customs example and the land-ownership example show different forms of that difficulty.

  This improves our initial prediction. Broader recognition is part of what the writer wants, but the central account explains why protection remains difficult to establish and apply. We should adjust our prediction to that broader idea.

• D

  A restrictive interpretation of a protected right doesn't establish that the reforms themselves were used to take rights away. The writer objects that the protection falls short, not that constitutional reform has reduced previously held rights.

• E

  Moving this case to the Supreme Court is the closing hope. It doesn't sum up the earlier discussion of what makes constitutional protection difficult to apply.