NCA Foundations of Canadian Law
Study content for NCA Foundations of Canadian Law: notes, practice MCQs and flashcards across 10 syllabus topics. This is AI-generated draft content — citations have not yet been independently verified.
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Syllabus
- Topic 1: Law and Morality / Legal TheoryTopic
Natural Law theory · Legal Positivism · Feminist Legal Theory
- Topic 2: Indigenous Peoples and the LawTopic
Federal/provincial legislative jurisdiction over Indigenous peoples · Honour of the Crown · Aboriginal rights (s.35 Charter)
- Topic 3: Sources of Canadian LawTopic
Common law tradition · Civil law tradition (Quebec bijuralism) · Doctrine of precedent / stare decisis
- Topic 4: Fundamental Constitutional PrinciplesTopic
Rule of law · Constitutional supremacy · Parliamentary sovereignty/supremacy
- Topic 5: Parliament and the Legislative BranchTopic
Structure of Parliament (House of Commons, Senate, Crown) · Parliamentary privilege · Senate reform
- Topic 6: The ExecutiveTopic
Political executive (PM, Cabinet, Governor General) · Crown prerogative powers · Role of the bureaucracy
- Topic 7: The Courts and Judicial AppointmentsTopic
Structure of the court system · Judicial appointments process · Judicial independence guarantees
- Topic 8: Statutory InterpretationTopic
Modern purposive approach (Driedger) · Textual/literal approach · Contextual and purposive reading
- Topic 9: Judicial Review and Constraints on Government ActionTopic
Judicial review in a democratic society (legitimacy debate) · Charter of Rights and Freedoms overview · Section 1 (reasonable limits)
- Topic 10: Emerging/Contemporary Issues (variable)Topic
Reconciliation and legal pluralism · Access to justice · Technology and law (introductory)
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Flashcards
Unlock all 21 with Pro →- R. v. Van der Peet
What test do Canadian courts apply to determine if an Aboriginal right exists under s.35 of the Constitution Act, 1982?
[1996] 3 S.C.R. 507 - Tsilhqot'in Nation v. British Columbia
What are the three elements of the Aboriginal title test established in Tsilhqot'in Nation v. British Columbia?
2014 SCC 44, [2014] 2 S.C.R. 257 - Haida Nation v. British Columbia
What is the Crown's duty to consult Aboriginal peoples, and when does it arise?
2004 SCC 73, [2004] 3 S.C.R. 511
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