Which of the following is an example of interjurisdictional immunity?

Prepare for the NCA Canadian Constitutional Law Exam with a range of engaging tools. This quiz features flashcards and multiple choice questions complete with hints and explanations. Boost your confidence and ready yourself for success!

Interjurisdictional immunity is a legal doctrine in Canadian constitutional law that protects certain federal matters from being affected by provincial legislation. This principle is rooted in the idea that the federal powers outlined in the Constitution should not be impaired by provincial actions.

In the context of the given question, the correct choice is the example of a provincial law affecting Indians. This situation illustrates interjurisdictional immunity because the federal government has exclusive authority over "Indians, and Lands reserved for the Indians" under section 91(24) of the Constitution Act, 1867. Thus, if a provincial law were to interfere with the rights or governance of Indigenous peoples, it could be invalidated through the doctrine of interjurisdictional immunity.

Other options, such as a federal law affecting healthcare or a treaty agreement, do not directly exemplify this concept since these do not primarily demonstrate a conflict where provincial legislation might undermine federal jurisdiction. Furthermore, a municipal ordinance typically falls under provincial jurisdiction and does not engage the interjurisdictional immunity principle in the same manner.

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