NCA Constitutional Law Practice Questions - NCA Canadian Constitutional Law Examination Exam

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The 'pith and substance' doctrine is central to division-of-powers analysis. What does a court do when it determines the pith and substance of a challenged law?

It assesses whether the law unjustifiably limits a Charter right It decides which level of government enacted the law first It measures the practical economic impact of the law on each province It identifies the dominant characteristic or 'matter' of the law to assign it to a head of power

Correct Answer:

It identifies the dominant characteristic or 'matter' of the law to assign it to a head of power

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