Statutory Interpretation:
Purview of the Judiciary
October 2, 2007
General approaches..
Plain meaning vs golden rule
 “Four corners” vs extrinsic aids
(eg legislative history/evol
 Textualists v. intentionists v.
normativists
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Types of Interpretation Issues
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Disputed meaning
Static v dynamic
Non application, or “reading down”
Gaps
Finding the Preferred Meaning
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1. Ordinary Meaning
2. Technical Meaning
3. Shared Meaning Analysis
4. Original Meaning
5. Plausible Meaning
Presumptions about Drafting
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Straightforward expression
Uniform Expression
No tautology/redundancy
Internal coherence
Expressio unio est exclusio alterius
Noscitur a sociis
Limited class, read down
The Legislature would have said X
Rules Based on Drafting
Conventions
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Eg “may” vs “shall”
“In accordance with ‘prescribed’
Numbers, subsections
Rely on shared meaning, understanding of
prose by the drafters and readers of the
text
Rules that Introduce Values: Strict
and Liberal Construction
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1.
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3.
Presumptions of Legislative Intent Re:
Compliance with Charter, aboriginal rights,
international agreements
Where legislation interferes with individual rights, strict
construction(penal)
Where benevolent purpose, liberal construction
(remedial)
Rules to Permit Changes to Text
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Where obvious drafting error
“Strained” interpretation to avoid absurd
consequences
Where interpretation would violate
important fundamental principle
De Witts and Attorney General for
British Columbia
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Horse Racing Rules and
Regulations
No objection allowed on
age or sex
Statutory def’ns “horse”
“age” but not sex
Ordinary Meaning vs.
Technical Meaning
Sex interpreted with
technical meaning..Why?
R. v. Daoust
462.31(1) Every one commits an offence who uses, transfers the
possession of, sends or delivers to any person or place, transports,
transmits, alters, disposes of or otherwise deals with, in any
manner and by any means, any property or any proceeds of any
property with intent to conceal or convert that property or those
proceeds, knowing or believing that all or a part of that property or
those proceeds was obtained or derived directly or indirectly as a
result of
(a)
The commission in Canada of an enterprise crime offence or a
designated substance offence; or
(b)
An act or omission anywhere that, if it had occurred in Canada,
would have constituted an enterprise crime offence or a
designated substance offence
Interpretation
No actus reus.
No transfer
What does this mean?
Why not?
What rules are invoked?
R. v. Chartrand
Section 281
Every one who, not being the parent, guardian or
person having the lawful care or charge of a
person under the age of fourteen years,
unlawfully takes, entices away, conceals,
detains, receives or harbors that person with
intent to deprive a parent or guardian, or any
other person who has the lawful care or charge
of that person, of the possession of that person,
is guilty of an indictable offence and liable to
imprisonment for a term not exceeding ten years
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Issue
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What is the issue?
What rules/approaches are invoked?
Conflicting Interpretations
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You are counsel (groups of 4)who wishes to
appeal the outcome.
licorice -- De Witt
smarties– Daoust
other sugary thing –Chartrand
Develop an alternative interpretation of the
provision at issue.
Specify clearly the approach/rules on which
you rely.
Develop an argument as to why your approach
is preferable