NCA Canadian Constitutional Law Practice Exam 2026 – Complete Study Resource

When a provincial law singles out Indians or reserves, it falls under the scope of federal jurisdiction as outlined in section 91(24) of the Constitution Act, 1867, which grants the federal government exclusive authority over "Indians and lands reserved for the Indians." This means that any attempt by a provincial law to regulate or single out these groups is likely to be challenged on the basis that it infringes upon federal powers.

Given this constitutional framework, provincial legislation that targets Indians or their reserves risks being invalidated because it encroaches on a matter primarily governed by federal legislation. Courts generally recognize that the federal government has the responsibility to protect and regulate Indian affairs, leading to challenges against provincial laws based on jurisdictional overreach.

This context reveals why the correct answer indicated involves the law being challenged as within federal power, highlighting the supremacy of federal jurisdiction regarding Indians and reserves over provincial legislation.