CRIM 104 Chapter Notes - Chapter 3: Plain Meaning Rule, Statutory Interpretation, Golden Rule
10 Feb 2017
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Document Summary
Statutory interpretation in canada - historically rested on british tradition of narrow interpretation of legislative intent. Developed from english judiciary from 16th century forward. 3 rules & 3 grammatical principles continue to exist to aid construction of statutes. Read it in accordance w/ its intentions. Stress importance of context & implication in interpretation of ambiguous language. Statutory interpretation flows from relatively straightforward & logical set of premises in most respects. Plain meaning rule - demands that words of statute be read in accordance w/ literal, grammatical sense. Courts not entitled to read statute loosely/to impose own construction upon statute. Courts cannot assume legislature has made either errors/omissions. Golden rule - proposes that words cannot always be read literally & that when inconsistency/absurdity/repugnancy arises as result of wording of statute, inconsistency, absurdity/repugnancy must be remedied. Read the statute in accordance w/ its intentions.
