CRIM 135 Lecture Notes - Lecture 3: Golden Rule, Indictable Offence, Plain Meaning Rule
17 Feb 2016
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Document Summary
Words are an imperfect means of communication: often have more than one meaning. A broad term may be used in a statute, which can give rise to confusion and uncertainty. There may be errors or omissions when the statute is drafted. New developments in society can make the words used in a statute out of date and they may no longer cover the current situation. While not a criminal offence itself, it was grounds for divorce and remains a component of child endangerment (s. 172: corruption of morals). Courts have determined that adultery must involve actual intercourse, other sexual acts not enough, nor bestiality, nor homosexual acts. 1) plain meaning rule (read the statute literally. If it is clear, that is the end to the matter) 2) the golden rule (read the statute in context) 3) the rule in heydon"s case (read the statute in accordance with its intentions)
