3rd edition (New edition)

Statutory Interpretation 3/e

Overview

Statutory Interpretation is a practical guide to the techniques and reasoning used by lawyers and judges to resolve interpretation problems. The book deciphers the complex rules of interpretation, explains the way these rules relate to each other, and focuses on their strategic use in constructing arguments and justifying outcomes.

The third edition has been updated and restructured, adding a new chapter to the Introduction that explains what is meant by “the entire context” — the core concept of the modern principle that governs interpretation — and shows how the various interpretive rules and presumptions fit into that complex concept. There is another new chapter on Aboriginal law and rights to reflect the increasing importance of this area of law. Finally, this edition offers an expanded, comprehensive treatment of the presumptions of legislative intent and the important role that policy plays in interpretation, even though courts are sometimes reluctant to acknowledge that role.

Written by Canada’s leading authority in the field, this is a desk book that no legal practitioner should be without.

Table of Contents

Acknowledgement

Part One: Introduction
Chapter 1: Introduction to Statute Law
Chapter 2: Introduction to Statutory Interpretation
Chapter 3: The Entire Context

Part Two: Establishing First Impression Meaning
Chapter 4: Ordinary Meaning
Chapter 5: Technical Meaning and Meanings Fixed by Law
Chapter 6: Shared and Bijural Meaning
Chapter 7: Original Meaning

Part Three: Analyzing the Entire Context
Chapter 8: Textual Analysis
Chapter 9: Reliance on Components
Chapter 10: The Legislative Context
Chapter 11: Purposive Analysis
Chapter 12: The External Context
Chapter 13: Consequential Analysis
Chapter 14: Legal Policy Analysis
Chapter 15: Interpreting Aboriginal Law
Chapter 16: Reliance on Extrinsic Aids

Part Four: Achieving Harmony
Chapter 17: Plausible Interpretation, Mistakes, and Gaps
Chapter 18: Presumed Compliance with Constitutional Law, Common Law, and International Law
Chapter 19: Overlap and Conflict

Part Five: Presumptions Governing the Application of Legislation
Chapter 20: Presumed Application: Time, Territory, and the Crown

Table of Cases
Index
About the Author

Of interest...