PrepTest 118, Section 2, Question 22

DetailDifficulty2 of 5
Passage 4Interpreting constitutional protection of Aboriginal rights in Canada
The questionFull text in your LawHub copy of PrepTest 118

The following passage was written in the late(473 more words not shown)

The passage explicitly states that(17 more words not shown)

Reading the passage

We need an explicitly stated intention, not just something mentioned alongside the reforms. I remember the opening's concern about protecting rights from later legal changes, but let's check the choices against what the account actually says was intended.

Working the answers

  • A

    The land case reveals uncertainty about what property rights include. It doesn't say that defining those rights was an intended consequence of the constitutional protection.

  • B

    The writer hopes the Supreme Court will provide a better ruling in this case. That isn't a stated purpose of the reforms or a claim that they established the Court's authority.

  • C
    Correct

    The second paragraph says the intent is to recognize established ancestral practices while excluding newer customs. That's the stated intention we need, even though it wasn't the first one I recalled.

  • D

    Naming the three groups receiving protection doesn't mean the reforms were intended to clarify which groups count as Aboriginal. The account already describes them as the groups generally thought to comprise that population.

  • E

    Recognizing a right to self-government doesn't necessarily mean creating new governments. Existing governments could receive recognition. The text doesn't state the creation of local governments as an intended consequence.

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