Statutory Interpretation Purview of the Judiciary法律解释的司法权限.ppt

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 Types of Interpretation Issues Disputed meaning Static v dynamic Non application, or “reading down” Gaps Finding the Preferred Meaning 1. Ordinary Meaning 2. Technical Meaning 3. Shared Meaning Analysis 4. Original Meaning 5. Plausible Meaning Presumptions about Drafting 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 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 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 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 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, knowi