Flag of Canada
Government of Canada - Gouvernement du Canada Government of Canada
 
Français Contact Us Help Search Canada Site
Commissioners Board of Referees HRSDC Site
Jurisprudence Library Office of the Umpire Home
    Home > Board of Referees > Tribunal Proceedings > Interpreting the Act and the Regulations
     

  Introduction to
  Administrative
  Justice


  Foreword -
  Tribunal
  Proceedings


  Table of
  Contents


  Chapter 1
  Administrative
  Justice and
  Tribunal
  Proceedings


  Chapter 2
  The Hearing


  Chapter 3
  Evidence


  Chapter 4
  Interpreting
   the Act
  and the
  Regulations


  Chapter 5
  Deliberations
  and Decision


  Conclusion

  Appendix

  Index

  End notes

  Synoptic
  Tables


  Canadian
  Human Rights
  Tribunal


  Tribunal Proceeding

CHAPTER 4

INTERPRETING THE ACT AND THE REGULATIONS

 

4.2 Rules of Interpretation in the Case Law

4.2.1 Ordinary Meaning or Literal Construction Rule

This method was enunciated in an old case and is often considered the golden rule:

This "rule" can be divided into two principles: (a) the principle that requires that the words of a provision be interpreted in their grammatical and ordinary sense, and (b) the principle that the grammatical and ordinary sense of the words be followed unless it leads to an absurdity, repugnancy or inconsistency.581

Under this approach, words must be given the meaning ascribed to them in ordinary parlance. They must be given the meaning they had on the day of enactment; no additions should be made to the terms of the statute, and the effects of those terms should not be attenuated.582

The context in which the word is used - that is to say the statutory "environment" of a definition (the other provisions of the statute and related statutes) - must be taken into account. For example, if there can be two definitions of a term, the one that best suits the context should be used.

The ordinary meaning should not be followed if it leads to a patent absurdity or inconsistency.583 Absurdity should be understood to mean an interpretation that leads to ridiculous or futile consequences.

[  previous  |  table of contents  |  next  ]

     
    Printer version
   
Last modified :  2006-08-31 top Important Notices