The Interpretation of Legislation in Canada, Fourth Edition

Author(s):
Mathieu Devinat; Pierre-André Côté; Stéphane Beaulac

What’s inside

Table of contents

Table of content not available at this time

Details and specs:


In collaboration with Stéphane Beaulac and Mathieu Devinat

Although we are most familiar with interpretation by the courts, who devote a considerable portion of judicial energy to interpretation, all jurists regularly interpret enactments. This treatise deals with the nature of the interpretive process itself and the principles governing the interpretation of legislation in Canada, in both statute law and civil law.

Divided into two parts, the book begins with an analysis of the roles played by the structure and operation of statutes in their interpretation. The second part delves into the methods of interpretation: grammatical, systematic and logical, purposive, historical, pragmatic and interpretation by authorities. Since it was first published in 1982, The Interpretation of Legislation in Canada has been cited numerous times by the Supreme Court of Canada.

This fourth edition now benefits from the participation of two new collaborators: professor Stéphane Beaulac and professor Mathieu Devinat, both of whose views on the methodology of interpretation are reflected in the sections they have revised. Professor Beaulac, for instance, has an interest for parliamentary materials, human rights law and the domestic role of international normativity; professor Devinat, for his part, brought a perspective from his scholarship in jurilinguistics, lexicography and civil law. The remarkable operation of translating and harmonizing this work has been done with dedication and rigour by Steven Sacks.


OVERVIEW OF CONTENTS

INTRODUCTION

The Nature of Statutory Interpretation

  • The Official Theory of Statutory Interpretation
  • Critique of the Official Theory of Statutory Interpretation
  • Alternatives to the Official Theory of Statutory Interpretation

Principles of Statutory Interpretation

  • Sphere of Application
  • The Sources of the Principles of Statutory Interpretation
  • The Function of Principles of Statutory Interpretation

The Evolution of the Law Governing Statutory Interpretation

  • The Redefinition of Truth and Error in Interpretation
  • The Rise of Contextual Interpretation
  • The Decline of Strict or Restrictive Interpretation

PART I – THE FORMAL STRUCTURE OF LEGISLATION

Formal Structure: Its Role in Interpretation

  • Classification of Statutes According to their Object
  • Main Components of a Statute and Their Role in Interpretation
  • Legislative Drafting Techniques

Operation of the Statute

  • Temporal Operation of Statutes
  • Territorial Operation
  • Persons to Whom Legislation Applies

PART II – METHODS OF INTERPRETATION

Introduction

The Grammatical Method, or Textual Arguments

  • The Grammatical Method
  • The Literal Rule

The Systematic and Logical Method, or Arguments of Coherence

  • Internal Coherence
  • Coherence Amongst Statutes
  • Vertical Coherence of Norms

The Purposive Method, or Arguments From Intent

  • The Mischief Rule and its Codification
  • Importance of Objectives in Statutory Interpretation
  • Application of the Purposive Method

The Historical Method and Arguments

  • General Historical Information
  • History of the Enactment
  • Parliamentary History

The Pragmatic Method and Arguments

  • Reason and Justice
  • Rights and Freedoms
  • Remedial Statutes
  • Uniformity of the Law
  • Stability of the Law

Authorities

  • Prior Interpretations
  • Comparative Law

INTERPRETATION ACT (CANADA)
INTERPRETATION ACT (QUEBEC)
TABLE OF LEGISLATION | TABLE OF CASES | ANALYTICAL INDEX

Publisher:
Carswell

Practice Area:
Legal Research, Legal Writing

Jurisdiction:
General

Publication Date:
2011-11-21

Hardcover Specifications

Service #:
30909916

Sub #:
30909916

Pages:
Not available

Shelf Space:
Not available

Volume:
Not available

Anticip Unkeep Cost:
Not available

eBook Specifications

ISBN:
Not available