POLS 257 Lecture Notes - Lecture 10: Mens Rea, Animal Control Service, Actus Reus
Document Summary
Modern statutes attempt to address modern life. Problem specific legislation tends to be as complex as the problem: e. g. taxation statutes. Taxation statutes attempt to facilitate economic programs. Technical specific legislation tends to be as complex as the technology being addressed: e. g. workers compensation legislation. Regardless of complexity, modern drafting strives for clarity (not the same as simplicity) Reasonably educated people should be able, if interested, to read and understand the laws they are expected to obey. Those who are in difficulty with the law should be able, with legal help, to understand the nature of their difficulties. professor wyman, p. 478. Example, section 253(1)(b) of criminal code of canada. What to do when the draftsperson has failed to achieve clarity . Cardinal rule interpret to achieve legislative objective(s) Example: section 253(1)(a) of criminal code of canada. Every one commits an offence who operates a motor vehicle while the person"s ability to operate the vehicle is impaired by alcohol .
