Q17

[tiwinkle12]

I still don't understand why the answer is (D). Why will the Canadian courts not treat the fact that the group of native Canadians cannot produce written documentation of their claims to ownership of the property now?

[ManhattanPrepLSAT1]

Let's start with what was the case before and where things are going.

We know that for native peoples of Canada assignment of property rights has been difficult to achieve (lines 8-9), but that recent litigation is changing the status quo (lines 12-14). What has been the problem in the past? Well we find out that possession of legal documents that demonstrate ownership has been an issue (lines 43-47). But things are changing (lines 53-61).

So this question asks us to identify the source of the problem historically, but that will not be an issue as much going forward (i.e., written documentation). This is best expressed in answer choice (D).

Incorrect Answers
(A) is going to remain a compelling reason.
(B) is going to remain a compelling reason.
(C) is going to remain a compelling reason.
(E) is going to remain a compelling reason.

The important thing on this question is to identify the source of the changed circumstances for native peoples of Canada (i.e., written documentation they have struggled to produce in the past).

Hope that helps!