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#36473
Complete Question Explanation
(See the complete passage discussion here: lsat/viewtopic.php?t=14512)

The correct answer choice is (B)

Once again, you must select a response that is consistent and likely given the author’s main point and
arguments.

Answer choice (A): This response is too strong. The author would not necessarily agree with the idea
that aboriginals should not answer to Canadian federal law, even though the author mentioned “selfgovernment”
in line 22. Self-governance does not imply independence from Canadian law, and the
very nature of the discussion probably commits the author to the notion that aboriginals should exist
within, and obtain protection from, Canadian federal law.

Answer choice (B): This is the correct answer choice. In lines 36-39, the author states that the
diffi culty aboriginals have in supporting their claims is related to the fact that they often rely on oral
tradition rather than written records. Since the author is clearly in favor of better, or broader, court
protection of aboriginal rights, he or she would almost certainly be in favor of extending recognition
of evidence to oral traditions.

As further support for this answer, note that the response says “sometimes,” and thus it avoids
committing the author to an absolute or overly broad position.

Answer choice (C): The author never claims that aboriginals should obtain full recognition of all
of their customs (at most the author seems to agree with the intent that the constitutional reforms
protect only long-standing traditional customs). Because the author never provides an indication that
he or she thinks recent customs should be recognized, this answer can be eliminated.

Answer choice (D): The initial failures and inconsistencies of provincial courts would not lead the
author to believe that provincial courts should have no authority in aboriginal cases. The author
believes the provincial courts could do a better job, but that is not the same as thinking they should
have no authority at all.

Answer choice (E): This was the most popular incorrect answer choice. Although on the surface
the answer sounds reasonable, it ignores language used by the author. In line 13 the author very
specifi cally states that the “general language” of the constitutional reforms was “necessary.” If
general language is necessary, then the author would not agree that the language of the reform law
should be more specifi c.

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