Hello to all current and prospective NCA students! In this blog, I will share my experience with and tips for taking the Canadian Constitutional Law NCA exam, which is a core requirement for all NCA candidates. Even if you have studied Canadian Constitutional Law during your LL.B studies or equivalent, you will still need to complete this NCA to obtain your certificate.
Starting Core Exams Early As core exams are mandatory, you can begin studying for them even while waiting for your official NCA assessment. This can be helpful for those of you who want to get a head start on the NCA process while waiting for your NCA applications to be processed.
The Importance of Canadian Constitutional Law Canadian Constitutional law forms the bedrock of the legal system, and NCA Tutor™ recommends completing this exam first or in your initial NCA sitting. Understanding constitutional issues is crucial as they permeate other core and elective exams, such as Evidence and Family Law. Gaining a solid grasp of this subject will be beneficial for your subsequent exams.
Difficulty and Key Areas of Focus Personally, I found this exam relatively easy, but keep in mind that my prior LL.B studies covered the subject. For those in a similar situation, note that the NCA exam is less focused on historical development than your university course may have been. Reviewing the material is still necessary.
The exam primarily centers around four main areas: 1) Sources of law and amending procedures, 2) the constitution's relationship with Quebec, 3) Federalism and Judicial Review of federalism, and 4) Rights and Freedoms, encompassing general constitutional rights, charter rights, and aboriginal and treaty rights.
Distinctions from UK Law If you studied in the UK where constitution and administrative law are taught together, remember that Canadian law treats these as separate topics. Administrative matters are discussed in the textbook for general understanding but are primarily tested under the Canadian Administrative Law NCA exam. While you may mention administrative topics briefly in the Constitutional exam, they won't be the main focus of any question.
Important Considerations While there are no particular tricks to this exam, avoid getting bogged down in theoretical information from the course syllabus. Understand the main points and move on. The exam may include problem questions seeking practical solutions to constitutional infringements, rather than theoretical essay questions. Ensure you have a firm grasp of the four key topics mentioned earlier.
Pay special attention to the following technical or tricky aspects of those topics:
- Understand how federal and provincial powers are divided (see Sections 91/92 of The Constitution Act) to comprehend older, pre-Charter cases.
- Grasp how the Charter is applied in Canada, including the distinction between private individuals and governmental bodies in bringing Charter violation cases.
- Be well-versed in key Charter rights, such as Freedom of Expression, Freedom of Religion, Equality Rights, and Life/Liberty rights.
- Understand Aboriginal rights, as they may appear as part of a larger problem question or as a standalone topic.
- Master how the government can limit or justify Charter infringements using Section 1 and the Oakes Test, which should be explored in every Charter right violation question.
- Familiarize yourself with available remedies when someone's Charter rights have been infringed and are not justified. Different remedies apply depending on the cause of action and the relevant sections of the constitution.
Recommended Resources Personally, I used the NCA Tutor™ notes for my exam. If you find the textbook confusing and convoluted, I suggest using Sharpe & Roach's "The Charter of Rights and Freedoms" as a more digestible companion book. Though not a replacement, it provides a comprehensive overview of how Charter rights work in a storytelling format that I found easier to comprehend.
For your convenience, I have also created a one-page reference sheet on remedies, which you can use during the exam to quickly discuss remedies in the conclusion of your problem questions.
Happy Studying!
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