Interpretation of Statutes at Canada
Interpretation of Statutes in Canada – Overview
In Canada, the interpretation of statutes is a critical judicial function rooted in common law tradition, governed by legislation, judicial principles, and constitutional values. Courts aim to determine and apply the intention of the legislature, using a structured and purposive method.
Primary Legal Framework for Interpretation
Interpretation Act (Federal and Provincial)
The federal Interpretation Act (R.S.C., 1985, c. I-21) provides general rules for interpreting federal statutes.
Provinces and territories (like Ontario, Alberta, etc.) have their own Interpretation Acts for provincial legislation.
These Acts define terms, guide grammatical interpretation, and ensure consistency across statutes.
Case Law (Judicial Precedent)
Canadian courts follow the doctrine of stare decisis, meaning previous decisions—especially from higher courts—are binding.
Interpretation principles are shaped by landmark Supreme Court of Canada decisions.
Charter of Rights and Freedoms (1982)
All statutes are interpreted in a way that aligns with constitutional rights under the Canadian Charter, where applicable.
Leading Principle: The Modern Principle
Canadian courts primarily follow the Modern Principle of statutory interpretation, as articulated by Elmer Driedger and affirmed by the Supreme Court of Canada:
“The words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliament.”
— Rizzo & Rizzo Shoes Ltd. (Re), [1998] 1 SCR 27
Core Rules and Approaches in Canada
1. Plain Meaning Rule
Start with the ordinary, grammatical meaning of the text.
If the language is clear, it may be sufficient.
2. Purposive Approach
Courts consider the purpose of the statute and interpret provisions to give effect to the legislative intent.
Particularly used in Charter cases, human rights, and remedial legislation.
3. Contextual Interpretation
Words must be read in the entire context—including surrounding provisions, the Act as a whole, and related legislation.
4. Presumption Against Absurdity
Courts avoid interpretations that lead to illogical, unfair, or absurd results.
5. Ejusdem Generis, Expressio Unius, and Noscitur a Sociis
Standard common law maxims are used where appropriate, such as:
Ejusdem generis – general words following specific ones are interpreted in the same category.
Expressio unius – mention of one implies exclusion of others.
Noscitur a sociis – meaning of a word understood from its context.
Role of External Aids
Courts may refer to:
Hansard (legislative debates) to determine legislative intent
Law Commission reports
International treaties (especially in human rights and immigration)
Dictionary definitions, expert opinions
Constitutional Interpretation
The Charter of Rights and Freedoms requires a liberal and purposive interpretation, especially for rights and freedoms.
Statutes must be interpreted in ways that comply with the Charter, unless the infringement is justified under Section 1.
Notable Case Example
Rizzo & Rizzo Shoes Ltd. (Re), [1998] 1 S.C.R. 27
The Supreme Court emphasized the modern principle, stating that laws should not be interpreted in isolation, but with attention to context, purpose, and legislative intent.
Conclusion
Statutory interpretation in Canada is:
Modern, purposive, and contextual
Guided by both statutory rules (Interpretation Acts) and case law
Deeply influenced by Charter values and the intent of Parliament
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