LAWS 2908 Lecture Notes - Lecture 6: Plain Language, Mcgill Guide, Drafter
11 Mar 2018
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Document Summary
When looking at legislation, the first thing to do is check that it hasn"t been changed by. Changes to the provisions of an act. Can be passed, but remain not in force". Tracing amendments provides a history of the act (seeing what it looked like in the past) Every 10 to 15 years, an act is consolidated and updated, including all amendments, and that is the most recent version. Last time federal did this was 1980, ontario was. Literal rule: words in act are plain and ordinary, reading literally, golden rule, read literally, but if it creates an absurdity, then you read based on meaning, mischief rule, dealing with an unclear statute. Specifically there to help courts read legislation: supreme court of canada approach, read statute contextually, drafting techniques (what is the approach?, depends on whether it is specific or general drafting, trends in drafting, gender neutral language in drafting. Simplify the language in drafting (plain language movement)
