The Miscellaneous Statutes Interpretation Paper 2008

33 %
67 %
Information about The Miscellaneous Statutes Interpretation Paper 2008
Education

Published on January 15, 2009

Author: pdawsondolden

Source: slideshare.net

Description

These slides were presented at Continuing Legal Education of British Columbia's workship "Advanced Legal Research", December 11, 2008. See accompanying paper published by CLEBC for further information.

The Miscellaneous Statutes Interpretation Paper, 2008 December 11, 2008 Paul Dawson Dolden Wallace Folick LLP

Introduction Fig. 1: The right tool for the job.

Fig. 1: The right tool for the job.

Introduction Where to find the basics, online: B.C. Courthouse Library’s video tutorials The Bora Laskin (University of Toronto) Law Library’s Guide to Canadian Legal Research , Ch. 4b Catherine Best’s Best Guide to Canadian Legal Research

Where to find the basics, online:

B.C. Courthouse Library’s video tutorials

The Bora Laskin (University of Toronto) Law Library’s Guide to Canadian Legal Research , Ch. 4b

Catherine Best’s Best Guide to Canadian Legal Research

Introduction Where to find the basics, in print: Sullivan, Ruth. Sullivan and Driedger on the Construction of Statutes , 4th ed. Côté, Pierre-André. The Interpretation of Legislation in Canada , 3d ed. Craies on Legislation CLE, Legal Research , December, 2004

Where to find the basics, in print:

Sullivan, Ruth. Sullivan and Driedger on the Construction of Statutes , 4th ed.

Côté, Pierre-André. The Interpretation of Legislation in Canada , 3d ed.

Craies on Legislation

CLE, Legal Research , December, 2004

I. Currency Fig. 2: With statutes, as with fish, fresh is best.

Fig. 2: With statutes, as with fish, fresh is best.

I. Currency As of November 23, 2008, timeliness varies: CanLII - August 18, 2008 Federal Statutes - October 31, 2008 QPLegaleze - November 12, 2008

As of November 23, 2008, timeliness varies:

CanLII - August 18, 2008

Federal Statutes - October 31, 2008

QPLegaleze - November 12, 2008

I. Currency Quicklaw - November 10, 2008 Westlaw eCarswell - November 12, 2008 Quickscribe – late November, 2008

Quicklaw - November 10, 2008

Westlaw eCarswell - November 12, 2008

Quickscribe – late November, 2008

III. Retroactivity/spectivity Fig. 3: Back to the future.

Fig. 3: Back to the future.

III. Retroactivity/spectivity Retroactivity, defined statute operates as of a time prior to its enactment operates backwards changes the law from what it was

Retroactivity, defined

statute operates as of a time prior to its enactment

operates backwards

changes the law from what it was

III. Retroactivity/spectivity Retrospectivity, defined operates for the future only operates forwards attaches new consequences for the future to past events changes the law from what it otherwise would be with respect to a prior event

Retrospectivity, defined

operates for the future only

operates forwards

attaches new consequences for the future to past events

changes the law from what it otherwise would be with respect to a prior event

III. Retroactivity/spectivity General rules: Presumption against retroactivity, unless statute says otherwise, e.g. comes into force before statute passed Presumption against retrospectivity, if it would interfere with vested rights

General rules:

Presumption against retroactivity, unless statute says otherwise, e.g. comes into force before statute passed

Presumption against retrospectivity, if it would interfere with vested rights

IV. Statutory Interpretation Fig. 4: …or statuary interpretation.

Fig. 4: …or statuary interpretation.

IV. Statutory Interpretation The Grand Unified Theory of Statutory Interpretation: Today there is only one principle or approach, namely, the words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliament.

The Grand Unified Theory of Statutory Interpretation:

Today there is only one principle or approach, namely, the words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliament.

IV. Statutory Interpretation “ Plain meaning” and other approaches remain valid Use only as many “successive circles of context” as required

“ Plain meaning” and other approaches remain valid

Use only as many “successive circles of context” as required

V. Bilingualism Fig. 5: Forbidding in both languages.

Fig. 5: Forbidding in both languages.

V. Bilingualism Proper interpretive method Look for discordance May be irreconcilable – use other tools Ambiguity in one version – use other One version broader – use narrower R. v. S.A.C ., 2008 SCC 47

Proper interpretive method

Look for discordance

May be irreconcilable – use other tools

Ambiguity in one version – use other

One version broader – use narrower

R. v. S.A.C ., 2008 SCC 47

VI. Committee Reports Fig. 6: A horse, as designed by committee.

Fig. 6: A horse, as designed by committee.

VI. Committee Reports Analyses of proposed legislation by Parliamentary Committees Posted on Parliamentary website Accepted as evidence of legislative intent by Courts See also Committee materials on Provincial Legislative websites

Analyses of proposed legislation by Parliamentary Committees

Posted on Parliamentary website

Accepted as evidence of legislative intent by Courts

See also Committee materials on Provincial Legislative websites

VII. Regulatory Impact Statements Fig. 7: Effects may vary.

Fig. 7: Effects may vary.

VII. Regulatory Impact Statements Background and explanation behind federal regulations Rarely used in Provincial legislatures Also used to illustrate statutory intent, but Courts vary on their weight Can state the obvious, and omit underlying intentions

Background and explanation behind federal regulations

Rarely used in Provincial legislatures

Also used to illustrate statutory intent, but Courts vary on their weight

Can state the obvious, and omit underlying intentions

VIII. Statute Revision Act Fig. 8: A lot to be said for clarity.

Fig. 8: A lot to be said for clarity.

VIII. Statute Revision Act Tool for maintaining statutes: Periodic revisions conducted under this Act Housekeeping statute: updates to titles, wording, numbering, etc. Not intended to produce substantive change in the law

Tool for maintaining statutes:

Periodic revisions conducted under this Act

Housekeeping statute: updates to titles, wording, numbering, etc.

Not intended to produce substantive change in the law

IX. Conjunctions Fig. 9: Now arriving…two or more syntactic items of equal importance.

Fig. 9: Now arriving…two or more syntactic items of equal importance.

IX. Conjunctions The inclusive or – A or B or both “ No food or drink” – also includes anyone with both Similar to “and”, but not same

The inclusive or – A or B or both

“ No food or drink” – also includes anyone with both

Similar to “and”, but not same

IX. Conjunctions The “exclusive” or – A or B, but not both “ Cake or death” Presumption – “or” is inclusive, unless context suggests otherwise

The “exclusive” or – A or B, but not both

“ Cake or death”

Presumption – “or” is inclusive, unless context suggests otherwise

IX. Conjunctions Noscituur a sociis principle – resolve ambiguity by association – e.g ., “cars, trucks, or vehicles”:

Noscituur a sociis principle – resolve ambiguity by association – e.g ., “cars, trucks, or vehicles”:

X. Annotated Statutes Fig. 10: Researchers, take note.

Fig. 10: Researchers, take note.

X. Annotated Statutes Many published annotations of popular (and more obscure) statutes Motor Vehicle Act Law and Equity Act Legal Professions Act Occupiers Liability Act Society Act Business Corporations Act Local Government Act and Community Charter Strata Property Act Human Rights Code Etc.

Many published annotations of popular (and more obscure) statutes

Motor Vehicle Act

Law and Equity Act

Legal Professions Act

Occupiers Liability Act

Society Act

Business Corporations Act

Local Government Act and Community Charter

Strata Property Act

Human Rights Code

Etc.

XI. Statutory Causes of Action Fig. 11: The common law finds itself modified.

Fig. 11: The common law finds itself modified.

XI. Statutory Causes of Action Determine whether statute is intended to affect common law by creating: 1. New remedy for an existing cause of action. 2. New cause of action, no specific remedy. 3. New cause of action and specific remedy.

Determine whether statute is intended to affect common law by creating:

1. New remedy for an existing cause of action.

2. New cause of action, no specific remedy.

3. New cause of action and specific remedy.

XII. Conclusion Statutes are not as rigid as they might seem Use full set of analytical tools Fashion creative arguments Good luck!

Statutes are not as rigid as they might seem

Use full set of analytical tools

Fashion creative arguments

Good luck!

Add a comment

Related presentations

Related pages

Statutory Interpretation: General Principles and Recent Trends

Statutory Interpretation: General Principles and Recent Trends Congressional Research Service Contents Introduction ...
Read more

Course Outline on Interpretation of Statutes and the ...

Course Outline on Interpretation of Statutes ... Batch: 3 (B) Semester: 4 Session: 2008 ... Interpretation of Statutes- Maxwell; 3. Interpretation ...
Read more

Past Papers 2008 LLB Part 3 Legal Drafting and ...

Past Papers 2008 LLB Part 3 Legal Drafting and Interpretation of Statutes Paper 4 Punjab University 2008 Home; News. News Main; Picture ...
Read more

Membership of the Council Statute 2008

Miscellaneous; See All Available Categories; ... Statutes as made: ... 21 Feb 2008: Registered: 05 Mar 2008: Tabled HR
Read more

An Evaluation of the Rules of Statutory Interpretation

An Evaluation of the Rules of Statutory Interpretation ... law.yale.edu/fss_papers ... appellate courts is the interpretation of statutes,
Read more

The Interpretation-Construction Distinction

The Interpretation-Construction Distinction ... Pub Law Research Paper No. 07-24, 2008), ... legal text (a constitution, statute, regulation, ...
Read more

Legislative intent - Wikipedia, the free encyclopedia

(Legislative intent, ... other relevant statutes that can be used to understand the definitions in the statute on ... 2008). "Statutory Interpretation: ...
Read more

THE STATUTES OF THE REPUBLIC OF SINGAPORE IMMIGRATION ACT ...

THE STATUTES OF THE REPUBLIC OF SINGAPORE IMMIGRATION ACT ... Interpretation 3. ... any paper or other material where there is writing; (c) ...
Read more

Bill 43 — 2008: Miscellaneous Statutes Amendment Act (No ...

BILL 43 — 2008 MISCELLANEOUS STATUTES AMENDMENT ACT (No. 2), 2008. ... 1 Section 47 (c) of the Attorney General Statutes Amendment Act, 2007, ...
Read more