11.2 Statutory Interpretation Flashcards
DEF: Literal Rule
Words are given their plain and ordinary meaning
DEF: Golden Rule
(1) Narrow: if a word has more than one meaning, the meaning which avoids an absurd result is favoured
(2) Wide: if a word ONLY has ONE meaning, it is interpreted in a way that is not obnoxious to public policy
DEF: Mischief Rule
Court considers what mischief or defect in the existing law that the statute was intended to remedy
DEF: Purposive Approach
Court considers reasons WHY statute was passed and its PURPOSE and will interpret it on this basis
Presumption against alteration of the common law
Prefer to interpret statutes in a way that does not alter existing law (unless it expressly intends this)
Presumption against the retrospective operation of statutes
It will apply only to future actions (unless expressly stated otherwise)
Presumption against criminal liability without guilty intention (mens rea)
If statute creates new criminal offence, defendant must have ‘guilty mind’ to be convicted (unless crime of strict liability)
Presumption against deprivation of the liberty of the individual
If there are 2 possible constructions of a statutory provision (one in favour of defence and one in favour of prosecution) - one which favours defence should be used (UNLESS intention is the opposite)
Presumption against binding the Crown
Unless clearly stated, legislation does not apply to the crown
Additional Presumptions:
(1) against deprivation of property or interference with private rights
(2) against ousting the jurisdiction of the court
Aids to Statutory Interpretation: Types
(1) Intrinsic
(2) Extrinsic
DEF: intrinsic aids
Statute read as a whole and in context, referring to interpretation sections
Extrinsic Aids
(1) Interpretation Acts (definitions of commonly found words)
(2) Dictionaries
(3) Other statutes
(4) Hansard (record of Parliamentary debates)
When should Hansard be used to interpret statute?
(1) if statute is ambiguous or literal meaning leads to absurdity AND
(2) the material in hansard consists of clear statements by a minister / other promoter of the bill
