Lecture Outline September 25, 2024 – Statutory Interpretation Introduction What is Legislation? Types: - 'Statute' : written law enacted by a legislative body o Acts of Parliament,... Lecture Outline September 25, 2024 – Statutory Interpretation Introduction What is Legislation? Types: - 'Statute' : written law enacted by a legislative body o Acts of Parliament, provincial legislatures o E.g., Bank Act, Alberta Insurance Act - 'Regulation' : written law enacted by a decisionmaker authorized by a statute o E.g., Disclosure of Charges (Banks) Regulations (authorized by the Banks Act) - A 'by-law' is a written law enacted by a city Components Theories of Statutory Interpretation Textualism - Also called literalism, strict construction, plain meaning rule - 'If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in their natural and ordinary sense.' Sussex Peerage case (1844) - First read the provision (in context) • If the meaning is plain, apply the plain meaning. • If the meaning is ambiguous, then consider presumptions, purpose, other factors in interpreting the provisions - Rationale • Democracy • Transparency - Problems • What is the 'plain' meaning? • What counts as ambiguous? • Bad results Intentionalism: - Also called purposivism - 'The point of departure for interpretation is… the intention of the legislature': R v. McIntosh (per McLachlin, J., diss.)...
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The document appears to be an outline of lectures covering various aspects of Canadian law, including statutory interpretation, criminal law, the Constitution, and the relationship between legislation and other types of law. It deals extensively with definitions, key concepts, and the roles of different branches of law and government in Canada.
Answer
Legislation includes statutes, regulations, and by-laws, and can be interpreted using methods like textualism and intentionalism.
Legislation refers to written laws enacted by a legislative body, which can include statutes, regulations, and by-laws. Statutory interpretation involves understanding these laws using methods like textualism, which focuses on the plain meaning of the words, and intentionalism, which considers the legislature's intent.
Answer for screen readers
Legislation refers to written laws enacted by a legislative body, which can include statutes, regulations, and by-laws. Statutory interpretation involves understanding these laws using methods like textualism, which focuses on the plain meaning of the words, and intentionalism, which considers the legislature's intent.
More Information
Statutory interpretation is crucial for applying legislation correctly, ensuring it aligns with democratic principles and transparency. Each method of interpretation offers different insights but also presents challenges, such as determining the plain meaning or legislature's intent.
Tips
Mistakes can arise if one fails to consider the context of the law or over-relies on a single interpretation method without considering others, like the legislative intent.
Sources
- Legislative Materials - Law Basic Primers - guides.library.ualberta.ca
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