LS101 Lecture Notes - Canadian Food Inspection Agency, Mischief Rule, Plain Meaning Rule
15 Dec 2013
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Document Summary
Sources of law (we revisit this next week) Functionalistic (give purpose to social institutions: conflict, moral entrepreneur (specific groups lead to the creation of law) In practice: growing number and complexity of laws, courts, legislature, administrative agencies. What ambiguities exist in decision-making? (and how do we deal with ambiguities in decision-making?) Lawmaking as primary function: scope, functions, characteristics. Nature of the lawmaking process informs the substance & authority of law. Shift in status quo: how to read a statute: constitution act (1982) Map approach: method (if this, then that, ambiguity, protocols (3 rules ) 3 rules of judicial interpretation: literal rule, golden rule, mischief rule. A rule is a law made by an administrative agency (v&n p. 114) Inspectors: safety and quality: packaging and labelling, meat inspection, dairy products. Process disputes according to existing statues and cases. Expanded role with charter: controversy: reversing laws made by elected officials. Stand by what has been decided (v&n p. 118)
