Crack NCA Canada Bar Exam: Test Prep Course

About the NCA Exams:

The National Committee on Accreditation (NCA) is a national body that assesses the qualifications of internationally trained lawyers and legal graduates seeking to enter the Canadian legal profession.
NCA qualification is the single national gateway to Canadian provincial bar exams, and it enables eligibility for articling or the Lawyer Practice Program (LPP) in common-law provinces.
Through the NCA process, candidates demonstrate equivalency to an approved Canadian common-law legal education, without the need to relocate or pursue a Canadian JD or LLM.
NCA exams are essay-based, open-book examinations that test Canadian legal reasoning, legal research, and analytical writing skills through fact-pattern questions.
Successfully clearing the NCA exams leads to the issuance of a Certificate of Qualification, a recognised signal to employers, recruiters, and law societies that the candidate has cleared a regulated equivalency process.
The NCA pathway offers predictability and cost efficiency, with defined subjects, fixed exam fees, and a structured assessment framework, making it a practical alternative to Canadian law-school courses.
NCA Exams are a cost-effective and predictable alternative to Canadian LLM or law-school courses, offering fixed pricing and specified exam requirements.

At LawSikho, we offer:

End-to-end guidance across the NCA journey, including support with the NCA assessment process, exam selection and sequencing, registration reminders, and exam-readiness planning.
Systematic preparation for essay-based, open-book NCA exams, focusing on IRAC-based answer frameworks, time management, and handling complex fact-pattern questions under 3-hour exam conditions.
Personalised study plans and one-on-one mentoring, designed for working professionals, repeat candidates, and those planning NCA qualification within a defined timeline (including 6-month planning horizons).
Detailed feedback on answer writing and mock exams, helping candidates bridge the gap created by limited transparency in official NCA exam results.
Targeted support for candidates who have previously failed NCA exams, with diagnostic evaluation, structured remediation, and confidence-building exam strategies.
Training by NCA-qualified faculty who have themselves cleared the NCA process and understand both academic expectations and practical challenges faced by the candidates.

Introduction

Can my degree be comparable to a JD degree in Canada?

Do I need an LLM to practice in Canada? Or a J.D.?

Do I have to spend money and travel to Canada to take NCA exams in person?

I have passed the All-India-Bar exam in India, are foreign equivalency exams similar to that?

I am a first-generation lawyer in India, but I want to live and practice in a foreign jurisdiction, preferably an English-speaking country with a legal system similar to that of India.

I want to relocate to Canada because I have heard the country is very welcoming of immigrants.

If these questions or thoughts come to your mind, we are going to tell you how you can clear NCA exams in Canada by just sitting in your house.

We are India’s first legal education company that is going to train students to take the Canadian NCA exams. It is not even that difficult. Many of our former employees passed the NCA exams while working full-time at LawSikho.

We will ensure that you get the skills needed to first take and pass the NCA exams.

Things to know before you fill out your application form and pay the application fee

How to fulfil the eligibility requirements to take the NCA exams;
How to manage time between the exam preparation and your work commitments;
How to write analytical answers using the Issue Rule Analysis Conclusion (IRAC) method;
Get the right printed notes to attempt the open-book examinations; and
Ability to write answers well in English.

What does it take to get called to the Canadian Bar?

Canada follows a common law system in majority of its provinces except for the province of Quebec where a civil legal system is followed for all adjudicatory purposes. A lawyer licensed to practice law in a non-Canadian jurisdiction or a law graduate from a non-Canadian law school can get licensed to practice law in a Canadian common law province by completing the first step of the process: Clearing the National Committee of Accreditation (NCA) process.

A candidate must apply to the Federation of Law Societies of Canada (FLSC) and fill out the application form costing 400 CAD (approx INR 25,000) plus taxes.

A candidate has to submit the application form, with law school transcripts, and a certificate of good standing from the bar council.
The NCA takes about 2 months to assess a candidate's application.
After NCA completes the assessment, the candidate takes the NCA recommended examinations by himself/herself or studies them at a university.

On successfully passing the NCA exams, the candidate is required to take the Barrister and Solicitor examinations. These are the official bar examinations held in different provinces of Canada.

Most candidates are required to undertake a year of articling with a lawyer licensed in Canada or to do the Lawyer’s Practice Program in Canada after clearing their Bar examinations.

Finally, the candidate gets a call from the provincial law society to get their law licence.

LawSikho shall be providing training to those who wish to clear the first step of this journey i.e. clearing the NCA examinations.

About the NCA exams

NCA assesses each candidate according to their education, legal work experience, and law license. For example, an Indian lawyer who has scored more than 50% in her law school, would have to demonstrate proficiency in 8 subjects as of January 2026. These 6 core subjects are:

English VEPT Screening Test
Foundations of Canadian Law;
Canadian Constitutional Law;
Canadian Administrative Law;
Canadian Criminal Law;
Canadian Professional Responsibility;
Legal Research and Writing
Indigenous People and the Law

LawSikho aims to train the candidates for these subjects.

These subjects could vary depending on the NCA’s assessment of the candidate. Some candidates are asked to take Business Organizations, Commercial Law, Evidence, Torts, Contracts, Property Law, Family Law, Civil Procedure, Taxation, and Trusts, in addition to these 5-6 core subjects. LawSikho has the resources for these subjects as well.

Each of these courses can be studied at one of the Canadian Law Schools as well. But they cost around 6,000-8,000 CAD (approx INR 3,60,000- 4,80,000) per course. The Law School does not award a degree or diploma certificate on completion either. It just sends a report to NCA stating the requirement has been fulfilled. Taking the exams works out to be cheaper as the cost of one exam as of January 2026 is 500 CAD (approx INR 30,000) plus taxes.

Each of these exams is a factual scenario-based exam and occasionally have a multiple-choice part or true and false component as well. Ever since the pandemic, they have been administered online through the remote proctor system. They are open book- exams wherein the candidates can refer to their paper notes. Electronic notes are not permitted. The online exams are 3 hours in duration.

Some candidates who cannot demonstrate legal proficiency, are even asked to study JD/LLM from Canada or another common law jurisdiction. This usually happens if the candidate has scored less than 50% aggregate marks in her law school on graduation or has not been licensed in a foreign jurisdiction.

Once a candidate passes all these exams (50% is the passing criteria); NCA issues a Certificate of Qualification. With this certificate, a candidate can apply for admission to one of the 9 provinces in Canada or territories. The province of Quebec has its own requirements to get a lawyer’s license. It also has a French language requirement criterion.

Things to learn before the NCA exam

How to read foreign laws;
How to read foreign judgements;
How to write essay-type answers in the IRAC method;
How to take an open book exam;
Time management; and

Fast typing because all of the essay-type answers are typed out on a computer. A candidate must be able to type 1,000 to 4,000 words in 3 hours while also referring to the written notes, analyzing the question requirements, making an answer structure, and finally typing out the answer.

Who should take these exams (NCA and others)?

Lawyers who are migrating to Canada;
Law graduates who intend to do an LLM from Canada; and
Lawyers whose law firm or company is sponsoring their work visa in Canada.
You do not have to be a Canadian citizen or permanent resident to take the exams since they are online.

Format of the Examination

The Licensing Examinations are administered in an open-book format. Candidates are permitted to bring print materials (including study materials, notes, and textbooks) prepared to assist them in the writing of a Licensing Examination into the Testing Area.

All items on each Licensing Examination are in a multiple-choice format. Candidates must choose the best answer from the four possible options provided. Each item has only one best answer, and candidates will receive credit only when they have selected the best answer.

The items on each Licensing Examination assess the following three levels of cognitive ability:

Knowledge/Comprehension: the ability to recall facts, policies, procedures, and standards (e.g., citing the appropriate Rule in the Rules of Professional Conduct or Paralegal Rules of Conduct, as applicable);
Application: the ability to apply knowledge/comprehension in a straightforward applied situation (e.g., recognizing the appropriate procedure to employ when faced with a routine situation); and
Critical Thinking: the ability to apply knowledge/comprehension in complex applied situations, requiring analytical problem-solving in addition to knowledge/comprehension and application (e.g., selecting and prioritizing appropriate courses of action when faced with complex situations, or recognizing the relative importance of conflicting pieces of information and arriving at a conclusion requiring sound judgement).

Each Licensing Examination will include items in both independent multiple-choice and case-based multiple-choice format. Independent multiple-choice items are independent of each other. Case-based multiple-choice items are preceded by a case scenario that will also apply to other items; however, each item within the series of items preceded by that case scenario is derived directly from that case scenario and is independent of all the others. In other words, determining the correct answer to item #3 in a series of case-based items is not dependent on answering either of items #1 or #2 correctly.

There are no “all of the above” or “none of the above” multiple-choice options in Licensing Examination items.

For each sitting of each Licensing Examination, multiple different versions of the Licensing Examination may be developed and set. Each candidate who is registered for that sitting is randomly assigned a version of that Licensing Examination. Each version of the Licensing Examination complies with the blueprint parameters.

Each Licensing Examination is 4 hours and 30 minutes in length and comprises 160 multiple-choice items. The Licensing Examination will be broken into sections, by area of law. Candidates should ensure that they answer all items in each section.

What is unique about this course

Immediate LMS access after enrolment — no waiting for batches
Self-paced learning system designed for working professionals
Complete preparation support for 5 core NCA subjects
52 recorded concept classes with downloadable PPTs and study material
Step-by-step learning approach: Read → Watch → Practise → Review
Assignment Answers evaluation done by the Course Anchor
Detailed feedback on IRAC structure, legal analysis, issue spotting, and answer-writing technique
24 assignments for core NCA subjects
33 additional recorded classes, downloadable PPTs and 20 assignments for additional subjects (Torts, Contract, Property)
Dedicated live exam-preparation classes after NCA exam registration on weekends, focused on strategy, time management, and issue spotting
6 NCA-style mock questions per subject with detailed evaluation and feedback
Ready-made IRACs, case law summaries, and exam-ready material
Support for NCA assessment, Legal Research and Writing course
Book-a-Call feature for personalized guidance sessions throughout the programme
Dedicated English VEPT preparation support through practice exercises
Flexible preparation timeline based on the student’s target exam attempt
Full support system from enrolment until final NCA examination preparation

Testimonials

Hello LawSikho, I hope this email finds you well. I am thrilled to share that I have successfully qualified as an NCA Candidate and am a step closer to becoming a Solicitor and Barrister in Canada, and I owe a significant part of this achievement to your incredible guidance and support throughout my journey with Lawsikho.

Your expertise, patience, and dedication made a profound impact on my preparation. The clarity with which you explained complex concepts, the practical insights you shared, and the encouragement you provided during challenging moments were instrumental in keeping me motivated and on track. Your mentorship transformed what seemed like an overwhelming process into a structured and achievable goal.

I am especially grateful for the personalized feedback on my assignments. Your commitment to my success went beyond expectations, and I will carry the lessons I’ve learned from you into my professional journey.

Thank you once again for being exceptional mentors, Shubham & Mansi! Lawsikho is truly fortunate to have educators like you, and I am so grateful to have been under your guidance. I look forward to staying connected and sharing more milestones in the future.

Saswati Soumya (NCA Qualified)

I would take this opportunity to thank the entire team of LawSikho for admitting me as a student in their endeavour to build a class of students having dual licences to practise law, both in India and Canada. The journey of preparing and appearing for the exams has been overwhelming, but the constant support of the entire LawSikho team was the biggest motivation all along. The team was supportive, cooperative, and fully committed to the needs of the students right from the very start. I would also take this opportunity to thank the mentors. I could pass all my exams in the first go, that too in a short span of six months, only with the cooperation and team effort of all the mentors and members. I believe the LawSikho team has done a commendable job, and I wish them good luck for the coming batches of NCA students.

Nishant Goyal (NCA Qualified)

It was an amazing experience with the NCA team. All the members in the team gave their best to help out in every situation and solve all the queries related to exams. By far, I have appeared for Canadian Constitutional Law and Professional Responsibility, and experts helped ina thorough understanding of both subjects. I am satisfied with the services that I received from LawSikho with respect to the NCA test prep course. I thank the whole team for their support and guidance!

Vidita Saini (NCA Qualified)

LawSikho has provided me with all the help I needed to clear my NCA exams on my first attempt. The mentors and experts are really good at their role during concept as well as exam preparation sessions. It is great to have them by my side during my NCA journey, and I will be grateful for having them for my BAR examination as well.

Simardeep Kaur Puri (NCA Qualified)

From exceptional lecturers to incredible team support, LawSikho has truly exceeded my expectations in every way. NCA course subjects were taught by experienced professionals who were not only subject matter experts but also exceptional educators. Their expertise and passion for their respective fields shone through in every lecture, making complex legal concepts easily understandable and highly engaging. The dedication and enthusiasm of the lecturers truly made a significant difference in my learning experience, and I feel privileged to have had the opportunity to learn from them. The team's consistent assignment trackers were also commendable. Assignments helped me to practise answer writing, and the grading system in the portal also kept me motivated. LawSikho has truly exceeded my expectations as an online learning platform.

Vidya Puthran (October 22 batch)

I would like to thank Krusha Bhatt Ma'am for her lectures on Canadian Criminal Law, Canadian Constitutional Law, and the syllabus change lectures for Foundations. Her teaching style made it very interesting, and I realized that I could confidently sit for the exams.

Secondly, I would like to thank faculty member Shubham Bhatia. He is the best teacher for Foundations of Canadian Law. He was extremely patient during the lectures and ensured that the articles were covered in depth. He always answered all of my doubts during the lectures, even when I asked multiple times.

Also, the way he covered the exam prep module for Canadian Constitutional Law and Foundations of Canadian Law was excellent. I appreciate how he beautifully taught us how to approach these subjects, how to study the Foundations articles, and the best part was the way he taught us how to read the question paper and write the answers. He was always there in the meetings and always answered my random conceptual queries within seconds.

The mock questions and weekly assignments given by Team LawSikho were a gem, especially for Foundations of Canadian Law. The mocks ensured that I was thorough with my preparation and that I had covered everything in the syllabus. During the exams, I was confident enough to use my mock answers to write the actual exam.

Lastly, I would like to thank faculty member Mansi Motwani for her help in the Legal Research and Writing course. She was very patient throughout the meetings and took a lot of time to identify and rectify even the smallest errors in my assignments. Eventually, the Legal Research and Writing course became a cakewalk. All thanks to Mansi Motwani.

Thank you, LawSikho, for providing excellent resources, lectures, and faculty. I qualified NCA in just 8 months.

Dhruvi Jariwala (NCA Qualified)

I would like to sincerely thank you for the outstanding guidance and support provided during my NCA preparation. I am happy to share that I have successfully qualified NCA, and I truly credit this achievement to the mentorship and resources offered by your team.

The lectures were conducted in a way that made even difficult concepts easy to grasp. The study material was detailed yet concise, making it easy to use in the exam. The feedback on assignments and regular follow-ups from the team kept me focused and motivated.

Thank you once again for walking with me through this challenging process and helping turn my goal into a reality.

Priyanshee Peeyush Srivastava (NCA Qualified)

I wish to extend my sincere thanks for the remarkable support and guidance I received throughout my NCA preparation. I am pleased to share that I have successfully qualified the NCA, and this would not have been possible without your help.

The lectures were extremely well-structured and simplified even the most complex topics, making them easier to understand. The study materials were thorough, organized, and perfectly aligned with the exam requirements, which made preparation much more focused and effective.

The timely responses, detailed feedback, and constant encouragement from the team members gave me the confidence to stay on track and keep pushing forward.
Thank you once again for being such a strong pillar of support during this journey. I am truly grateful to LawSikho for playing such an important role in my success.

Prabnoor Kaur (NCA Qualified)

I am writing to express my heartfelt gratitude for the incredible support and guidance I received throughout my NCA journey. I am delighted to share that I have successfully qualified NCA. The lectures were clear and immensely helpful in breaking down the complex concepts. The study material was comprehensive and easy to follow.

Most importantly, the unwavering support from the team members made all the difference. The prompt responses to queries, the constructive feedback on assignments, and the encouragement at every step kept me motivated and confident.

Thank you for not only for helping me but also for making me feel supported throughout this challenging process.

Mittal Patel (NCA Qualified)

I am truly grateful for the assistance I received from your team throughout my NCA preparation. I am pleased to share that I have successfully cleared all the exams, and your support was a key factor in making this possible. The lectures made even the most technical topics much easier to understand. The study materials were comprehensive, concise, and exam-focused, which allowed me to study with clarity and confidence. Whether it was resolving doubts quickly or giving constructive feedback, the support from the team made this journey far more manageable.

Thank you for being such an integral part of my success.

Swathi Hariprasad (NCA Qualified)

I am happy to share that I have successfully cleared all of my NCA exams, and I owe a great deal of this achievement to your constant support and guidance. This milestone would not have been possible without the effort, commitment, and expertise that your team poured into every stage of my preparation.

The lectures were clear and engaging. The study materials were precise, exam-focused, and immensely helpful in streamlining my preparation.

Thank you for being more than just mentors; the team members have been an integral part of my journey and success.

Mannat Marwaha (NCA Qualified)

I am writing to express my sincere gratitude for the invaluable role your NCA course played in my journey to clearing my NCA examinations and achieving NCA Qualification. The comprehensive support provided by your platform was instrumental in ensuring that my preparation was both effective and focused.

The study materials and the examination preparation module provided clarity and were well-structured.

Additionally, the lectures facilitated the simplification of even challenging topics. Special thanks to Megha Sharma and Krusha Bhatt, as their teaching methods made concepts very clear and easier to understand.

Saira Singh (NCA Qualified)

I sincerely appreciate the guidance and support extended to me during my NCA preparation. Reading material and lectures were clear and engaging. I would also like to specifically thank the team members who made themselves available to entertain queries and provided prompt support. Ms. Simardeep and Ms. Irveen helped in navigating through the lawsikho online resources, right from onboarding to keeping track of progress through the NCA journey. I sincerely thank them for their support.

Divyanshu Sharma (NCA Qualified)

I am truly grateful to LawSikho for their invaluable support in my NCA preparation journey. Their live and recorded lectures were extremely well-structured and comprehensive. What truly stood out for me was the one-on-one doubt-clearing sessions, strengthening my understanding of complex concepts.

What I appreciated most was how the team simplified the material and explained everything in a way that felt clear and approachable, which gave me confidence throughout the process. Thanks to their guidance and resources, I was able to pass all my NCA exams on my first attempt. I highly recommend LawSikho to anyone looking for a reliable and supportive partner in their NCA preparation.

Raunak Kaur (NCA Qualified)

I'm thrilled to share that I've successfully completed all NCA exams and am now NCA qualified. Special thanks to Shubham Bhatia, my course anchor, for his invaluable guidance and support throughout this journey. Your team's expertise and assistance were instrumental in my success. Thank you for your help and support.

Panchami Pranesh (NCA Qualified)

I am delighted to share that I have successfully passed all the exams required in my NCA journey. This achievement would not have been possible without the guidance, resources, and constant support provided by LawSikho.

The classes were extremely comprehensive and covered the syllabus in detail. The PPTs and study materials were thorough, eliminating the need to constantly refer to multiple sources. This structured approach proved very useful in preparing for and clearing the exams.

I would like to extend my gratitude to Mr. Shubham Bhatia for his skilful and professional guidance. His availability for one-to-one sessions helped me gain not only clarity of the syllabus but also an appreciation of the subject matter as a whole. He also personally ensured I attempted the mocks.

Additionally, the provision of recordings, including past lectures, was immensely valuable. Watching these provided me with different perspectives and further enriched my understanding of key concepts.

I am truly grateful to the entire LawSikho team for their dedication and support, which played a crucial role in helping me complete my NCA journey successfully.

Hernurr Singh Somal (NCA Qualified)

I am delighted to share that I have successfully passed all the exams required in my NCA journey. This achievement would not have been possible without the continuous support the mentors at LawSikho have provided.

I would specifically like to extend my gratitude to Mr. Shubham Bhatia for his skilful and professional guidance. His availability for one-to-one sessions helped me gain not only clarity of the syllabus but also an appreciation of the subject matter as a whole.

I am truly grateful to the entire LawSikho team for their dedication and support, which played a crucial role in helping me complete my NCA journey successfully.

Deeksha Dua (NCA Qualified)

I wanted to share a quick note of gratitude and appreciation. With your support, I’ve successfully passed all NCA exams and got my CQ. Your team has helped me pass these exams (i.e., Professional Responsibility, Constitutional Law, Property Law, and Administrative Law).

A special thanks to Sir Shubham Bhatia. His hard work, clarity, patience, and practical guidance made a huge difference. I’m especially grateful for his: (a) Live online sessions that broke down complex topics into clear, exam-ready takeaways, and especially how he made me understand things and concepts. (b) One-to-one doubt-clearing meetings, during which he was extremally supportive and took me through difficult concepts and explained those which gave me confidence and direction at critical moments (c) High-quality study material that stayed focused on what actually matters for the exam (d) Exam strategy papers and sessions in which he taught me how to manage time, navigate open-book materials, and avoid common traps

Please extend my thanks to everyone behind the scenes who contributed to the curriculum, scheduling, and student support. I’m truly appreciative of the professionalism and dedication your team brings to legal training.

Muhammad Ather (NCA Qualified)

I am pleased to share that I have successfully qualified the NCA. I would like to extend my gratitude for the support you provided throughout the process.

The IRACs, study material, and classes were well-structured and immensely helpful in my preparation. The clarity and quality of the resources made a significant difference in my learning journey.

Thank you once again for your guidance and effort that went into creating such effective study support.

Varsha Ravi (NCA Qualified)

I have successfully cleared all my NCA exams!

From the very beginning, I blindly trusted the advice given during the lectures, and it truly paid off. I ensured that I solved all the mocks, which helped me evaluate my performance and improve along the way. The IRACs were an absolute gem, and they made structuring my answers so much easier. The books provided everything important for the exams, with case laws explained in a very clear and detailed manner. I never felt lost while preparing, as all the necessary resources were right there.

A big thanks to the team for such well-structured support throughout this journey!

Upneet Kaur Sandhu (NCA Qualified)

What is unique about this course?

Our focus is not just on teaching Canadian law, but on preparing candidates to write and pass essay-based, open-book NCA examinations with confidence.

What truly sets this course apart is the depth of preparation, personalised mentoring, and exam realism built into every stage of the program.

1. Exam-like preparation, not just theory: You receive 50+ actual exam-style mock questions and weekly assignments, closely aligned with NCA fact-pattern questions. These are designed to train you in issue-spotting, IRAC structuring, time management, and analytical writing exactly as required in the NCA exams.

2. 70+ live lectures with recordings: The course includes 50+ recordings covering:

Core Canadian law concepts
How to read statutes and cases for the NCA
Answer-writing frameworks and exam strategy
Common mistakes and examiner expectations

This ensures conceptual clarity as well as strong answer-writing skills under 3-hour exam conditions.

3. One-on-one assistance throughout the NCA journey: You receive personalized, one-on-one support at every stage, from understanding your NCA assessment, choosing and sequencing subjects, planning timelines, exam readiness, and all the way up to obtaining your NCA Certificate of Qualification.

4. In-depth evaluation and detailed feedback: Every assignment and mock answer is evaluated in detail. Detailed feedback is also provided.

5. Dedicated one-on-one support for Legal Research and Writing: Our course includes exclusive one-on-one mentoring for this, focusing on:

Canadian research methodology
Citation standards
Memo and problem-style writing
Precision and clarity in legal analysis

6. Dedicated VEPT preparation support: Our course includes structured VEPT practice support, focusing on:

Read aloud and speech sample exercises
Typing speed and dictation practice
Sentence building and passage reconstruction
Summary writing and opinion-based responses
Timed practice exercises to simulate the actual VEPT environment
Audio-based practice material for listening and response accuracy

6. Support beyond core subjects: In addition to the five core NCA subjects, we provide study materials and recordings for additional subjects such as Torts, Contracts, and Property Law.

LawSikho’s NCA course is an exam-centric preparation program, built by people who have cleared the NCA themselves and understand what it takes to pass.

Our Course Anchor

Shubham Bhatia

Course Anchor and Concept Expert

Note: This is an indicative list of our guest faculty members and not an exhaustive list. We may change the faculty members at any point based on availability.

Syllabus for NCA exams

All the syllabus has been taken from the official NCA website.

Syllabus for Canadian Administrative Law:

Setting the Stage
Sources of Procedural Obligations
Procedural Obligation Triggers (Knight “Three-Prong” Trigger and the Concept of “Legitimate Expectation”)
Procedural Obligation Triggers (Legislative Decisions & Emergencies)
Procedural Obligation Triggers (Charter & Bill of Rights)
Procedural Obligation Triggers (Constitutional Duty to Consult and Accommodate Indigenous Peoples)
Content of Procedural Obligations (Right to be Heard)
Content of Procedural Obligations (Unbiased and Independent Decision-maker)
Content of Procedural Obligations (Issues arising from institutional decision-making)
Backdrop to the Standard of Review Analysis

Syllabus for Canadian Constitutional Law:

PART 1: BASIC CONCEPTS

Sources and Nature of the Constitution
Amending Procedures

PART 2: DISTRIBUTION OF LEGISLATIVE POWERS

Federalism
Judicial Review and Principles of Interpretation
Property and Civil Rights
Trade and Commerce
Peace, Order, and Good Government
Criminal Law
Ancillary Powers
Paramountcy
Interjurisdictional Immunity

PART 3: ABORIGINAL RIGHTS AND THE CONSTITUTION

Introduction
Aboriginal Rights
Aboriginal Title
Treaty Rights
Duty to Consult

PART 4: THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS

Interpreting the Canadian Charter of Rights and Freedoms
Application of the Canadian Charter of Rights and Freedoms
Override of Rights
Freedom of Conscience and Religion
Freedom of Expression
Life, Liberty and Security of the Person
Equality Rights
Limitation of Rights
Remedies

Syllabus for Canadian Criminal Law:

GENERAL OVERVIEW AND PRELIMINARY MATTERS

The Sources of Criminal Law
The Power to Create Criminal Offences and Rules of Criminal Procedure

Constitutional Division of Powers Introduced
The Canadian Charter of Rights and Freedoms

The Procedural Classification of Offences
Interpreting Criminal Provisions

Definitions
Purposive Interpretation
French/English
The Charter

THE ELEMENTS OF A CRIMINAL OR REGULATORY OFFENCE

The Actus Reus

Acts and Statutory Conditions
The “Act” of Possession
Consent as an Element of the Actus Reus
Causation
Omissions

Subjective Mens Rea

Intention, Purpose, and Wilfulness
Subjective Mens Rea with Objective Features
Knowledge
Willful Blindness
Recklessness

Objective Mens Rea and True Crimes
Regulatory Offences

EXTENSIONS OF CRIMINAL LIABILITY

Aiding and Abetting
Counselling
Attempts
Corporate and Association Liability

SELECT CRIMINAL DEFENCES

Mental Disorder
Automatism and Involuntary Acts “Negativing” the Actus Reus
Simple Intoxication and Specific Intent Crimes
Extreme Intoxication and General Intent Crimes
Defence of the Person
Necessity
Duress
Provocation
Entrapment
Error of Law and Colour of Right

THE ADVERSARIAL PROCEEDING

The Adversarial Process

The Presumption of Innocence and the Ultimate Standard of Proof
Other Burdens
The Neutral Impartial Trier
The Role of the Prosecutor
The Role of the Defence

GETTING TO THE TRIAL: THE CRIMINAL INVESTIGATION

Police Powers

GETTING TO THE TRIAL: TAKING CONTROL OVER THE ACCUSED

Securing Jurisdiction over the Accused and Interim Release

GETTING READY FOR TRIAL

Disclosure and Production
Preliminary Inquiries
The Jury Trial
Pre-Trial Motions
Trial Within a Reasonable Time Applications

SENTENCING

General Principles of Sentencing

APPEALS AND REVIEW

Appeals of Final Decisions and Judicial Review of Interim Decisions

Syllabus for Canadian Professional Responsibility

The Legal Profession: Lawyers in Society and a Society of Lawyers

Professions and Professionalism: The Profession of Law and Law as a Profession
Regulation of Lawyers and Regulation of the Legal Profession

Ethics, Lawyering, and Professional Regulation

The Lawyer-Client Relationship
The Preservation of Client Confidences
Conflicts of Interest
The Adversary System and Lawyers as Advocates

Some Specific Practice Areas

Ethics and Dispute Resolution: Counselling and Negotiation
Ethics and the Practice of Criminal Law
Government Lawyers
Lawyers in Organizational Settings

Access to Justice

Access to Justice

Syllabus for Foundations of Canadian Law:

Basic Theories of Law; Racism & the Law

Positivism and Natural Law
Feminist Perspectives on Law
Critical Legal Studies
Law and Economics

Indigenous Peoples and the Law

Aboriginal Rights and Title
Indigenous Self-Government Aspirations
The Modern Treaty-Making Process

Sources of Canadian Law

The Common Law and Civil Law Traditions

Reception of European Law
Bijuralism
Common Law Method: Precedent and Equity

Statutory Law
International Law

Fundamental Principles of the Canadian Legal System

The Constitution of Canada
Principles Underpinning
Public Law

Rule of Law
Constitutional Supremacy
Parliamentary Sovereignty
Federalism
Separation of Powers
Judicial Independence (Overview)

Constitutional Amendment

Parliament and its Components

The Monarch and Governor General
Senate
House of Commons

Functions of Parliament

Summoning
Prorogation
Dissolution
Key Actors
Parliamentary Procedure and Law-Making

The Executive and its Functions

The Functions of the Executive
Sources of Executive Power
Executive Institutions and the Political Executive

The Courts and the Judiciary

Structure of the Canadian Court System
Judicial Appointments
Judicial Independence

Statutory Interpretation

Approaches to Interpretation
The Modern Approach to Interpretation

Constraints on Legislative and Administrative Action

Judicial Review in a Democratic Society
Judicial Review of Administrative Action

Sample questions for NCA exams

This question has been taken from the NCA sample Criminal Law Exam available on the NCA website

QUESTION TWO - 15 MARKS (18 minutes suggested time)

Bosny is charged with the first-degree murder of his wife, contrary to section 231(2) of the Criminal Code of Canada. A preliminary inquiry is being conducted. The Crown’s allegation is that Bosny strangled her. Evidence showed that Mrs. Bosny was found, barely alive, floating in the backyard swimming pool by the family housekeeper at 9:00 on a Wednesday morning. An ambulance was immediately dispatched, and the paramedics attempted to resuscitate her. A tracheal tube was forced into her throat to open her airways, and she was given CPR. In spite of the efforts, Mrs. Bosny died. During the preliminary inquiry, the Crown called this background evidence, as well as a pathologist, Dr. Curran. Dr. Curran testified that on his examination, he discovered that Mrs. Bosny had contusions or bruising on the left side of her brain as well as a matching external bruise to her forehead. Together, the bruises were consistent with her having received a strong blow to the head. He also determined that she had damage to the inside of her throat, which, in his opinion, could have been caused by manual strangulation. He did not observe any petechial haemorrhages, nor was the hyoid bone fractured - two positive but not indispensable indicia of strangulation. There was only a moderate amount of water in her lungs, and this did not, in the opinion of the pathologist, cause her death. Defence counsel produced a significant amount of medical literature during the cross-examination of the pathologist to show that, according to generally accepted standards of practice, pathologists will not identify strangulation as a cause of death without two of three symptoms – external bruising on the neck, petechial haemorrhages, and fractures in the small bones of the neck, none of which were present. Dr. Curran agreed that the injuries inside the neck could be caused by the insertion of a tracheal tube, but he did not think so here, although he had never seen the kind of damage such a tube could make if used aggressively. A representative of the Regional Bank was called to testify. He gave evidence that Bosny’s business was in financial trouble. A representative of Hart Insurance testified that around the time of Mrs. Bosny’s death, he could not be sure exactly when because he did not keep any notes. Bosny called to check on the status of their insurance policies because he was “thinking of taking his book of business elsewhere.” The representative testified that he told Bosny that his life and the life of his wife were each insured for $1,000,000. A police officer testified that when he visited Bosny to tell him about the death of Mrs. Bosny, he did not seem shocked, and said, “I hope you don’t think I have anything to do with that because of our fight this morning.” The defence called one witness, Bosny’s daughter, who testified that her Mom and Dad used the word “fight” to describe verbal disagreements, and that her Dad was a caring husband. Will Bosny be committed to stand trial for first-degree murder?

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