CRIM 1115 Lecture Notes - Lecture 5: Statutory Interpretation, Final Analysis, Lower Canada

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30 Jul 2016
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P.130-130
Parliament enacted Interpretation Act
>Everyone is deemed remedial and shall be given such fair, large and liberal construction and
interpretation as nest to ensure the attainment of its objects
In all Statutory Interpretation cases, this approach may be summed up as:
Textual Analysis Focuses on the meaning of the words read by themselves
Contextual Analysis Focuses on the meaning of the words in the context of the whole
statute
Purposive Analysis focuses on the meaning of the words in light of the underlying
purpose or object of the act
3 Traditional common law rules:
>Mischief Rule
>Literal Rule (Plain meaning rule)
>Golden Rule
*However given the position now taken by Statutory interpretation,
Courts guide in the final analysis must now be the modern principle.*
Grammatical Rules:
Ejusdem Generis dictates that where 2+ specific words (or phrases) in a
statute describes a class of objects that are followed by
general words.
Ex: dogs and cats or other animals wandering in public
domains must be controlled (leash) the phrase refers to
domesticated animals hence rabbits and squirrels don't
fall under this provisions
Noscitur a sociis "it is known by its associates" a general word in a
statute can be interpreted as referring to things that are
in the same class as other things specifically referred to
the in the same content.
Ex: vehicle can mean bicycle, skateboard or care. But
wheelchair may not be in the same category as it's a
non-recreational vehicle.
expressio unius est exclusio
alterius
"to express one thing is to exclude another" saying a
statute but leaving a part of it out
Ex: a bylaw which applies stores must sell farm
animals like sheep, cow, pigs and chickens. But it
doesn't apply to rabbit farms
and or elements or conditions that relate to definitions or rules:
conjunctive/ disjunctive.
Conjunctive the last 2 items are connected by an "and"
means include statutes often refer to general concepts or tests. Then
to provide greater clarity they give examples.
Means -> indicates that the definition is complete and
the list exhaustive.
Includes-> list indicates an open definition and a non-
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