PrepTest 118, Section 2, Question 23

Author's OpinionDifficulty5 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 provides the most(17 more words not shown)

Reading the passage

The clearest disapproval comes at the end: the writer calls the Ontario ruling excessively conservative and regrets that the group may have to appeal. My prediction is that the negative attitude concerns that restrictive ruling. Let's distinguish that judgment from the other difficulties the writer describes.

Working the answers

  • A

    The interpretive burden is described as enormous, but the writer doesn't condemn the reforms for placing that task on provincial courts. A hard task isn't automatically a bad decision to assign it.

  • B

    Difficulties with these terms are the central problem being examined. The more pointed negative judgment concerns how the Ontario court resolved one of those difficulties.

  • C

    The historical cutoff determines which customs qualify. The account explains it without directly condemning the choice of that cutoff. Don't substitute our own reaction to the rule for the writer's clearest evaluation.

  • D

    The documentation requirement creates a real obstacle for societies relying on oral tradition, which makes this tempting. But the explicit, stronger disapproval is directed at the land ruling, rather than at this evidentiary requirement.

  • E
    Correct

    The court's narrow definition allowed only use of the land sufficient for survival. Calling that ruling “excessively conservative,” then expressing regret about the need to appeal, directly supports a negative attitude toward this definition of ownership.

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