Statutory Interpretation: Cases, Text and Materials

 
Statutory Interpretation: Cases, Text and Materials
Author(s):
 
ISBN:
978-1-55239-091-7
 
Publisher:
Emond Publishing
 
Page Count:
264
 
Status:
On Backorder
 
Publication Date:
August 2002
 
Subjects:
Statutory Interpretation
 
 
 
 
 

Statutory Interpretation: Cases, Text and Materials, along with its companion, Statutory Interpretation: Theory and Practice, constitutes a complete treatment of statutory interpretation. The books situate rules of interpretation in the context of interpretive theory and use cases in an innovative way, relying on highly politicized cases in order to:

  • demonstrate the political nature of interpretation (and adjudication in general), and
  • emphasize the manner in which the judiciary often “side-steps” political issues by characterizing the interpretive process as a purely “application-related problem.”

The two companion books are full of examples that explain the function of several interpretive canons. Particularly confusing rules and terms are boiled down using simple examples.

Preface

This casebook is designed as a companion for Statutory Interpretation: Theory and Practice (Toronto: Emond Montgomery, 2001) (“Theory and Practice”). While Theory and Practice deals with the theoretical underpinnings of statutory construction, this casebook is designed to demonstrate the “nuts and bolts” of the subject. The cases found in the present work have been selected for the purpose of introducing … basic interpretive arguments and “rules,” which will help … build upon the interpretive theories developed in Theory and Practice…

A secondary purpose of this book is to demonstrate the current relevance of statutory construction. While the phrase “statutory interpretation” tends to conjure up images of dusty legal tomes with little relevance for current legal scholars, the truth of the matter is that many of the most controversial legal decisions in recent years have centred on problems of statutory interpretation… I am grateful to all of the students who provided me with their comments. In particular, I would like to thank Matthew Letson, LLB 2002, for the valuable research assistance that he provided throughout the preparation of this text. I would also like to thank Joanne Levison and Wanda Bailey for their indispensable administrative support. Finally, I would like to thank my partner, Stephanie Montgomery, for all of the help and inspiration that she never fails to provide.

Randal N. Graham
March 2002

  • Preface
  • Table of Contents
  • Table of Cases

Chapter 1: Judicial Approaches to Statutory Interpretation

  • I. Introduction
  • II. The Mushroom Case
  • III. EGALE Canada Inc. v. Canada
  • IV. Quebec v. Boisbriand V. Roe v. Wade VI. R v. Mara
  • VII. Exercises

Chapter 2: The Maxims of Interpretation

  • I. Introduction
  • II. Noscitur a Sociis
  • III. Ejusdem Generis
  • IV. Reddendo Singula Singulis
  • V. Expressio Unius Est Exclusio Alterius
  • VI. Casus Omissus
  • VII. Exercises

Chapter 3: The Rules of Interpretation</>

  • I. Introduction
  • II. The Literal Rule and the Golden Rule
  • III. The Mischief Rule IV. Exercises

Chapter 4: Evidence of the Statute’s Meaning

  • I. Introduction
  • II. Title
  • III. Preamble
  • IV. Headings
  • V. Marginal Notes
  • VI. Punctuation
  • VII. Previous Versions of the Statute
  • VIII. Debates and Parliamentary Materials
  • IX. Exercises

Chapter 5: Interpreting Criminal Legislation

  • I. Introduction
  • II. R v. Mac
  • III. R v. Russell
  • IV. Caron v. United States
  • V. Other Cases
  • VI. Exercises

Chapter 6: Interpreting Tax Laws

  • I. Introduction
  • II. Will-Kare Paving & Contracting
  • III. Ludco Enterprises Ltd. v. Canada
  • IV. O’Gilvie v. United States
  • V. Exercise
 
 
 
 
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Statutory Interpretation: Cases, Text and Materials

Format: Print
Cover: Hardcover
Colour: One Colour
Status: On Backorder
ISBN/ISSN:978-1-55239-091-7P

Price: $76.00
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