Statutory Interpretation Flashcards
1
Q
What is the literal rule?
A
When a judge is looking at dictionary definitions
2
Q
What are some flags for when the literal rule is at play?
A
Natural, ordinary, literal, dictionary reference
3
Q
What is the golden rule?
A
When the literal rule would produce a result contrary to the intention of Parliament
4
Q
Which rule prevents absurdities?
A
Golden rule
5
Q
Is an absurdity too narrow or too wide an interpretation?
A
Too narrow
6
Q
Is an affront to public policy too narrow or too wide an interpretation?
A
Too wide
7
Q
What is the purposive rule?
A
Where you try to intuit how to best uphold the spirit of Parliament
8
Q
What is the mischief rule?
A
Where if you didn’t make a particular ruling you wouldn’t be stopping the mischief the Act was created to control
