POLS 3135 Lecture Notes - Lecture 6: Obiter Dictum, Double Aspect, Canada Temperance Act
12 Dec 2016
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Document Summary
Peace order and good government (i: russel v. the queen, local prohibition case, board of commerce, tec v snider. Specific words help explain general ones nearby. Express inclusion of some items implies exclusion of items not mentioned. Aids: interpretation statutes, definition sections of statutes. More aids: context in statute, other similar statutes, legislative history. Books on rules of interpretation, & legal dictionaries. Headings (except in ontario excluded by statute) Mens rea (guilty mind), unless express absolute liability. For crown immunity (now mostly replaced by statutes allowing suits against crown) Leg. did not intend drafting error (cts can correct) Impugned legislation: canada temperance act, 1878: certiorari; rule nisi, of electors in a county or city may petition for a plebiscite on prohibition. Previous scc decision: city of fr. v. queen: intra vires under t&c (91-2) Russell"s lawyer: delegation argument parliament can"t delegate its powers.
