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ISBN: 9781552214947-02

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The Broad, Liberal, and Purposive Interpretation of Quasi-constitutional Legislation

From: Quasi-constitutional Laws of Canada

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Chapter 2 examines the special rules of interpretation applied to quasi-constitutional legislation since the Supreme Court of Canada has confirmed that it “deserves a broad, liberal, and purposive interpretation befitting of this special status.” This chapter discusses human rights legislation; access-to-information and privacy legislation; language rights; and defences and exemptions in quasi-constitutional legislation.

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Contributors

John Helis

John Helis, called to the Ontario bar in 2006, has worked in the areas of law covered in this book for more than a decade. He is currently a member of the Social Benefits Tribunal, the tribunal from which originated the Tranchemontagne cases, some of the most significant decisions on the ability to use quasi-constitutional statutes to challenge other legislation. Before this appointment he practised law at a legal clinic in the areas of human rights and social justice. He was counsel for the City of Ottawa and Ottawa Police Services Board where he dealt with human rights, access-to-information, and privacy issues. He also worked for the Department of Indian and Northern Affairs as part of a team negotiating land claims and self-government agreements with Indigenous groups. He taught law as an instructor at Carleton University. He holds a PhD in law from Queen’s University, a law degree (LLB) and an honour’s degree in political science from the University of Ottawa, and a master of arts degree in legal studies from Carleton University. His writing includes an article on quasi- constitutionality, which will be part of an edited book.