PrepTest 118, Section 2, Question 25

ApplicationDifficulty3 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)

Which one of the following,(18 more words not shown)

Reading the passage

The second-to-last sentence says the Ontario ruling was excessively conservative in assessing the law. We need support for that evaluation. My prediction is something showing that a less restrictive interpretation was legally available—perhaps another court's analysis or a relevant earlier decision.

Working the answers

  • A
    Correct

    If other Ontario courts had already interpreted use to include selling land or resources, that would provide a legal basis for a broader reading. The 1984 court's much narrower interpretation would then look overly restrictive, supporting the writer's criticism.

  • B

    Creating jobs through logging tells us about an economic result. It doesn't show whether the court interpreted Aboriginal property rights too narrowly.

  • C

    Earlier decisions separating use from sale would help explain the distinction this court made. That tends to support its interpretation rather than show that it was excessively restrictive.

  • D

    Encouraging other groups to bring claims shows an effect on their behavior. It doesn't establish whether this court's legal assessment was too conservative.

  • E

    Being the first such case heard by this court tells us about its experience. It doesn't establish that its interpretation was unduly narrow.

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