Statutory Interpretation Flashcards
“Unless the context requires otherwise”
Not tied to the definition
Room to depart if needed”
“Means”
Only one meaning, no room to depart from it
“Includes”
These meanings, but also other ones possible
“And”
More than one thing is necessary to meet the requirements
All needed otherwise no liability
“Or”
Not all needed, only one
“Shall” / “Must”
Obligation
Mandatory requirement
“May”
No obligation
Not compulsory (can choose)
Noscitur a Sociis
A word can take meaning from surrounding words.
Using the other words to derive a meaning for a broad word on end.
Ejusdem Generis
Used when there are broad terms (that can mean many things) that follow specific ones.
Eg; you would look at the list and say it only includes land vehicles so “other vehicle” means “other land vehicle” and cannot include aeroplanes
Expressio unis est exclusion alterus (Expressio rule)
If Parliment has been specific with the things in the legislation, they have likely done so for a reason.
If they mention one thing, they are excluding other things for a reason.
Taking a literal approach
Mischief/purposive approach
“What is the purpose of the act”
Parliment intended the statute to acheive something so interpret it in that context.
Literal approach/ Plain meaning
Plain ordinary meaning
What does the statute/ words LITERALLY say
Not finding a deeper meaning
Golden rule
Can depart from the ordinary meaning if it creates an absurd result.
What is a case example to use for Golden Rule
Eg: “as held in …. case”
Sixworth Case
