Statutory Interpretation

Question 1

Literal Rule

Answer 1

Courts will give the words of a statute their ordinary meaning, even if it yields absurd results

Question 2

Golden Rule

Answer 2

If application of the Literal Rule would lead to an absurd result, Courts may give the words of a statute a less ordinary meaning

Question 3

Mischief Rule

Answer 3

Looks at what problem the statute was designed to remedy, and interprets the words of the statute accordingly

Question 4

Purposive Rule

Answer 4

Interprets the statute by looking at why the statute exists and what it hopes to achieve.

Judges may look at things beyond the legislation itself, such as in Hansard and Commons Briefing Papers

Question 5

Expressio Unius est Exclusio Alterius

Answer 5

“Expression of one thing is the exclusion of another”

If one or more things of a class are expressly mentioned in a statute, the things not mentioned are excluded.

Question 6

Noscitur a Sociis

Answer 6

A word is interpreted “by the company it keeps.”

When interpreting a statute, courts consider the context in which a word is used, such as using other words in the same section of the statute.

Question 7

In Pari Materia

Answer 7

“Upon the same matter or subject”

Where other statutes may assist with interpreting an ambiguity in the present statute (but must be a statute on the same subject)

Question 8

Ejusdem Generis

Answer 8

“Of the same type”

Used to interpret general words that follow specific examples (e.g., “cars, trucks, and other motor-powered vehicles”)

Question 9

Aids to Interpretation

Answer 9

Intrinsic Aids (the statute itself)

Extrinsic Aids (dictionaries, Hansard, etc.)