PHILOS 2Q03 Lecture Notes - Lecture 4: Carbonated Water, Reference Question, Precedent
12 Mar 2018
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Role of the courts to apply and interpret statutory law. Ambiguity = there is a vagueness between multiple determinate options, but not clear on which one. Disputed meaning arguments - what lawyers use to try and win ambiguous cases. Perrier group argued that "beverage" meant a manufactured drink, produced by mixing ingredients, and therefore excluded naturally carbonated water. The minister of revenue argued that "beverage" meant any liquid fit for human consumption and, therefore, included water. Evolving context - a statute contains language that used to mean one thing, but now means something else, e. g. "gay" used to mean happy - now refers to homosexuality. Are women "persons" under canadian law? (cid:1005)9(cid:1004)(cid:1004)s (cid:449)o(cid:373)a(cid:374) tryi(cid:374)g to (cid:271)e i(cid:374)(cid:448)ol(cid:448)ed i(cid:374) politi(cid:272)s; (cid:272)ould (cid:374)ot (cid:271)e a judge (cid:271)e(cid:272)ause . Discovered: 1876 english common law ruling "women are eligible for pains and penalties, but not rights and privileges. "
