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Sample review · Canadian Constitutional Law

See how Lexn marks an NCA answer.

An NCA-style practice question, an answer written the way many candidates write under time pressure, and feedback in the format our marker returns.

The question · 20 marks · 33 minutes

The courthouse plaza

Westbrook passes a by-law banning signs, placards and amplified sound on the plaza in front of the provincial courthouse at all times. Amira is fined for holding a placard there during a protest about court delays. Advise Amira on whether the by-law infringes s. 2(b) of the Charter and, if so, whether it is saved under s. 1.

The answer we marked

Issue: whether the by-law infringes s. 2(b) and, if so, whether it is saved by s. 1.

Holding a placard conveys meaning, so it is expressive activity (Irwin Toy). The by-law's purpose is to stop signs on the plaza, so it restricts expression and infringes s. 2(b).

Section 1: keeping order near the courthouse is pressing and substantial, and the ban is rationally connected. The by-law is justified and Amira's fine stands.

The feedback

Needs more work

Marker's verdict

You correctly found that holding a placard is expressive activity. The answer then skips the question this fact pattern turns on: whether the courthouse plaza is a place where s. 2(b) protects expression at all. Section 1 gets two sentences, with no minimal impairment analysis of a total, all-hours ban.

Issues you covered

  • Covered: Placard is expressive activity (Irwin Toy)
  • Covered: Purpose restricts expression (Irwin Toy)
  • Covered: Pressing and substantial objective (Oakes)

Issues to revisit

  • Missed: Location test for public property (Montréal (City); GVTA)
  • Missed: Minimal impairment of an all-hours ban (Oakes)
  • Missed: Final balancing of effects (Oakes)

Technique

  • IRAC structure
  • Rule statement
  • Application
  • Use of authority
  • Conclusion

What to fix next

  1. Apply the Montréal (City) location test to the plaza before s. 1.
  2. Run every Oakes step. Could limits on time, place or volume do the job?

Sample answer written for illustration. AI feedback is study guidance, not an NCA grade.

Every missed issue points to its Part of the guide.

The location test and the full Oakes analysis are in Part IV of the Canadian Constitutional Law guide, The Charter. Part I is free to read in full, so you can see the format before you buy.

Read Part I free
Canadian Constitutional Law · Part IVExpression on public property
A page from Part IV of the Canadian Constitutional Law guide: 21.3, Where the expression takes place.

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