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ISBN: 9781552214329

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Statutory Interpretation 3/e

Statutory Interpretation is a practical guide to the techniques and reasoning used by lawyers and judges to resolve interpretation problems. The book deciphers the complex rules of interpretation, explains the way these rules relate to each other, and focuses on their strategic use in constructing arguments and justifying outcomes.

The third edition has been updated and restructured, adding a new chapter to the Introduction that explains what is meant by “the entire context” — the core concept of the modern principle that governs interpretation — and shows how the various interpretive rules and presumptions fit into that complex concept. There is another new chapter on Aboriginal law and rights to reflect the increasing importance of this area of law. Finally, this edition offers an expanded, comprehensive treatment of the presumptions of legislative intent and the important role that policy plays in interpretation, even though courts are sometimes reluctant to acknowledge that role.

Written by Canada’s leading authority in the field, this is a desk book that no legal practitioner should be without.

Ruth Sullivan

Ruth Sullivan taught English literature and composition at Montreal’s Concordia University before obtaining degrees in common law and civil law from McGill University and a master’s degree in legislation from the University of Ottawa. She clerked for the Right Honourable Chief Justice Bora Laskin in 1982 and was called to the Bar of Ontario in 1984. After twenty-seven years of teaching at the University of Ottawa’s Faculty of Law, she retired from the faculty and became an employee of the Legislative Services Branch of the Department of Justice, where she continues to work.

Chapter Title Abstract Contributors Pages Year Price

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Examination of the types and elements of legislation, its temporal operation from enactment through to amendment and repeal, and legislative style. 26 $2.60

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Examination of concepts and assumptions involved in statutory interpretation, and sources of interpretation rules. 20 $2.00

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Examination of the process of establishing the first impression meaning of a text, testing it against the entire admissible context, and resolving any disharmony. 8 $0.80

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Examination of the rule requiring that the words of a statute be read in their ordinary, grammatical sense. 14 $1.40

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Examination of presumptions applicable to technical meaning, legal terminology, meanings fixed by law, and drafting conventions. 23 $2.30

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Examination of interpretation issues raised by bilingual legislation and legislation applying in both a civil law and common law context. 18 $1.80

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Analysis of the rule assuming that the meaning of legislation is fixed when the legislation is first enacted. 12 $1.20

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Examination of techniques and concepts associated with textual analysis, including ordinary conventions of language and presumptions of legislative drafting. 29 $2.90

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Examination of the use of components such as titles, preambles, purpose statements, headings, marginal notes and schedules. 14 $1.40

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Examination of interpretation using the act as a whole, related statutes, the statute book as a whole, and legislation of other jurisdictions. 12 $1.20

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Examination of meaning and establishment of legislative purpose, and uses of purposive analysis. 20 $2.00

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Examination of proof of and uses of an enactment’s factual and ideological setting, including historical, social, political, cultural and economic conditions. 7 $0.70

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Examination of interpretation to avoid absurd or unacceptable consequences. 11 $1.10

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Examination of statutory analysis accounting for extra-textual values or norms tending to favour one outcome over another. 28 $2.80

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Interpretation of aboriginal treaties, legislation relating to aboriginal peoples, and legislation affecting aboriginal treaty and other rights. 8 $0.80

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Examination of reliance on extrinsic aids such as legislative history, model legislation, legislative evolution, international agreements, and authoritative opinion. 26 $2.60

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Examination of the rule limiting the extent to which courts may adjust the ordinary meaning of text to promote the legislative purpose. 20 $2.00

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Examination of the rules presuming an intention not to violate constitutional limits, to comply with the Charter and its values, to respect international laws and values, and not to change the … 10 $1.00

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Examination of statutory interpretation in the context of overlap and conflict with other legislation and judge-made law. 22 $2.20

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Examination of the temporal application of legislation, and presumptions against extraterritorial application and application to the Crown. 38 $3.80