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Reading Criminal Offences
From: Sovereignty, Restraint, and Guidance
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Chapter 2 concerns the rules that govern statutory interpretation. In interpreting criminal offences, courts are bound by the legislative purposes underpinning and animating the relevant provisions. In determining the legislative purpose, we look to a range of factors, including: the text; the broader statutory scheme; the mischief that moved Parliament to devise the provision; the common law background against which the provision was created; and the legislative history.
Contributors
Michael Plaxton
Michael Plaxton is a professor of law at the University of Saskatchewan. He teaches and writes about criminal law, evidence, philosophy of law, statutory interpretation, and constitutional theory. He is the author of Implied Consent & Sexual Assault: Intimate Relationships, Autonomy, and Voice (McGill-Queen’s, 2015).
