Full Description
Statutory Interpretation provides a clear and authoritative account of how legislation is interpreted and applied in Canada. Grounded in constitutional principles, including the rule of law, democracy, and constitutional supremacy, it traces the evolution of interpretive methodology as developed by the courts and synthesized in Elmer Driedger's Modern Principle of Interpretation.
Legal experts Ruth Sullivan and John Mark Keyes explain how contemporary statutory interpretation hinges on three interrelated aspects of legislation: text, context, and purpose. The book draws attention to these three aspects - exploring in detail how each of these shapes legislative meaning - and integrates recent jurisprudence, particularly that of the Supreme Court of Canada. This updated edition retains the strengths of earlier editions while introducing a revised structure reorganized around the three core dimensions of interpretive analysis so that readers can see how they operate in practice and how they work together in the interpretation of statutes and other legislation.
Frequently cited by Canadian courts and tribunals, the fourth edition of this essential legal text provides an authoritative and up-to-date account of the methodology for interpreting legislation in Canada.
Contents
Acknowledgments
Part 1: Introduction
Chapter 1: Introduction to Statutory and Other Legislation
Chapter 2: Interpreting Statutes and Other Legislation - The Big Picture
Chapter 3: Interpretive Methodology in Yet Another Nutshell
Part 2: First Impression Textual Meaning
Chapter 4: Ordinary Meaning
Chapter 5: Technical Meaning and Meanings Fixed by Law
Chapter 6: Original Meaning
Part 3: Text and Its Legislative Context
Chapter 7: Textual Analysis
Chapter 8: Legislative Context
Chapter 9: Multiple Language Versions
Chapter 10: Reliance on Components
Chapter 11: Overlap and Conflict
Part 4: Purposes and Consequences
Chapter 12: Purposive Analysis
Chapter 13: Consequential Analysis
Chapter 14: Plausibility, Mistakes, and Gaps
Part 5: External Context and Aids
Chapter 15: External Context
Chapter 16: Extrinsic Aids
Part 6: Interpretive Harmony with the Larger Legal Context
Chapter 17: Legal Policy Analysis
Chapter 18: Constitutional and Quasi-constitutional Law
Chapter 19: International Law
Chapter 20: Common Law and Civil Law
Chapter 21: Law and Legislation Relating to Indigenous Peoples
Part 7: Legislation and Time
Chapter 22: Operation Application of Legislation in Time
Table of Cases
Index
About the Authors
