Reading ComprehensionDifficulty: Hard

PT118 S2 P4 Q23 Explanation

Canadian Aboriginal Rights

A free, expert breakdown of this official LSAT Reading Comprehension question.

TopicsAuthor's AttitudeLaw

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Passage

The following passage was written in the

The struggle to obtain legal recognition of aboriginal rights is a difficult one, and even if a right is written into the law there is no guarantee that the future will not bring changes to the law that undermine the right. For this reason, the federal government of Canada in 1982 extended of aboriginal rights, despite the continued efforts of aboriginal peoples to raise issues concerning their rights.

Aboriginal rights in Canada are defined by the constitution as aboriginal peoples’ rights to ownership of land and its resources, the inherent right of aboriginal societies to self-government, and the right to legal recognition of indigenous customs. But difficulties arise in applying these broadly conceived rights. For example, while it might appear aboriginal societies, which often relied on oral tradition rather than written records, to support their claims.

Furthermore, even if aboriginal peoples are successful in convincing the courts that specific rights should be recognized, it is frequently difficult to determine exactly what these rights amount to. Consider aboriginal land claims. Even when aboriginal ownership of specific lands is fully established, there remains the problem of interpreting the meaning of Canada, which will be, one hopes, more insistent upon a satisfactory application of the constitutional reforms.

What this question is testing

Author's Attitude

Your task

Pin down exactly what the question asks about the passage — a detail, the author's view, the structure, or the main point — before looking at the choices.

Common trap

Answers that restate a true detail from the passage but don't answer the specific question being asked.

Winning move

Anticipate the answer in your own words from the passage, then find the choice that matches that prediction.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
23.

The passage provides the most evidence for the claim that the author has a negative attitude toward which

Answer choices

  1. Opposite, if anything15% picked this

    the 1982 constitutional reforms’ burdening the provincial courts with the task

    The author definitely thinks that provincial courts have a really tough task, but he isn't mad at the 1982 reforms. Overall, this author is looking out for the aboriginal rights. He's unhappy when they're not being sufficiently protected or recognized. In the second to last sentence of the first paragraph, where the author describes the enormous burden of interpretation, he also acknowledges that it's not the fault of the reformers. The constitutional language was necessarily general -- in other words, the author understands why the constitutional language was written broadly. He doesn't fault the reforms.

  2. Not Opinionated8% picked this

    the difficulties in interpreting such terms as “indigenous”

    Throughout the passage, the author is commenting on problems / difficulties with this recent situation of adding language to the constitution to protect aboriginal peoples. One of those problems is ambiguity in terms like "indigenous" and "ownership". Another problem mentioned in the 2nd paragraph is the requirement that something be a long-standing traditional custom in order to be protected. In other words, there are several points in this passage where the author is acknowledging the difficulty of the present interpretation situation. We wouldn't have any way of elevating one aspect of the problem over another, in order to call one the thing the author was most negative about. Even though problems and difficulties are "negative" things, talking about them is more descriptive. One can describe a problem without having a negative attitude. I can say that More than 400,000 Americans have already died from COVID Clearly, I would have a negative attitude about that statement, but that statement didn't contain any visible attitude whatsoever. It was factual.

  3. Not Opinionated4% picked this

    the criterion used to determine which customs are too recent to

    This is just like (B). Again it points to one of the various things about this situation that the author identifies as problematic. But we don't have any way of elevating one aspect of the problem over another, in order to call one the thing the author was most negative about. Even though problems and difficulties are "negative" things, talking about them can be purely descriptive. One can describe a problem without having a negative attitude. I can say that More than 400,000 Americans have already died from COVID Clearly, I would have a negative attitude about that statement, but that statement didn't contain any visible attitude whatsoever. It was factual.

  4. Less Opinionated than the Answer16% picked this

    the requirement that aboriginal peoples provide documentation for

    This is just like (B) and (C). The 2nd paragraph sketches out two problems: - terms like "indigenous" are very hard to interpret - the requirement that Aboriginal peoples provide documentation for the long-standing nature of a practice they want protected is hard for a mainly oral culture. We don't have any way of elevating one aspect of the problem over another, in order to call one the thing the author was most negative about. It does seem like the author thinks it's a pretty unrealistic requirement to have for aboriginal people, if you know that they often relied on oral tradition. But I think the test writers wanted us to react to the more explicit negative attitude found in the final paragraph (regrettably / excessively conservative).

  5. Correct57% picked this

    the definition of ownership imposed by the provincial court

    Why this is right

    In the last paragraph, the author says it's regrettable that the provincial court was excessively conservative in terms of how it interpreted the definition of ownership. It resulted in an unsatisfactory application of the new forms. It's the most explicit attitudinal marker in the passage, so even though the author seemed to have negative feelings about other aspects of this problematic situation, we have the best evidence for a negative attitude about the 1984 court's decision, because of the explicit attitudinal words.

    Skill tested: Author's Attitude · how this choice captures the passage's function is the move to repeat next time.

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