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Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute . Sometimes the words of a statute have a plain and a straightforward meaning.
Elmer A. Driedger, QC (1913–1985) was a Canadian lawyer and a leading authority on statutory interpretation. He worked for the Canadian Department of Justice for over a quarter century, rising to Deputy Minister and later became a professor of law at the University of Ottawa .
The Act outlines the powers and rules governing the executive and legislative branches of the provincial government of British Columbia. British Columbia is the only province of Canada to have such an act; the constitutions of other provinces are made up of a diffuse number of sources. [ 1 ]
Canadian constitutional law (French: droit constitutionnel du Canada) is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the courts. All laws of Canada , both provincial and federal, must conform to the Constitution and any laws inconsistent with the Constitution have no force or effect.
There are also many other arguments and cannons of interpretation which altogether make statutory interpretation possible. Law professor and former United States Attorney General Edward H. Levi noted that the "basic pattern of legal reasoning is reasoning by example"—that is, reasoning by comparing outcomes in cases resolving similar legal ...
The purposive approach (sometimes referred to as purposivism, [1] purposive construction, [2] purposive interpretation, [3] or the modern principle in construction) [4] is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose.
At the time that the Interpretation Act (1867) was passed, [3] the Statutes of Canada were required to be distributed and published at the end of each session of parliament. [4] This was changed in 1984, with the volumes of the Statutes of Canada being required to be distributed and published at the end of each calendar year.
It is intended to apply only to those instances where the court recognizes the existence of more than one interpretation and where the decision that the court reaches harms or benefits the defendant to some greater or lesser degree. In that case, the rule requires the court to select the interpretation most beneficial (or least detrimental) to ...