(66) Statutory Interpretation

Introduction to Statutory Interpretation

  • Focus on legal terminology and concepts as presented in the video.

  • Complete Cornell notes, pause and rewind as needed.

  • Vocabulary sheets and summary books should be ready for definitions and details.

  • Read supplementary textbook pages after watching the video.

Learning Intention

  • Understand the reasons for and effects of courts interpreting statutes.

How Courts Make Law

Two Primary Ways of Law Making

  1. Precedents

    • Judges create new precedents or modify existing ones to establish principles or rules of law.

    • Precedents contribute to common law.

  2. Interpreting Statutes

    • Statutes are laws made by Parliament.

    • Judges interpret statutes to clarify meanings of words to apply to cases.

Statutory Interpretation Defined

  • Statutory Interpretation: The process by which judges determine the meaning of words in legislation when deciding cases.

Reasons for Statutory Interpretation

Ambiguity of Words

  • Some words in statutes may have multiple meanings.

  • Example: Deng and Trolla case (studded belt)

    • Context: A 20-year-old charged with weapon possession under the Control of Weapons Act for a studded belt.

    • Two interpretations:

      • Prosecution: A weapon is anything that can be used to injure another.

      • Defense: A weapon must have the primary purpose to injure.

    • Court's Decision: Studded belt was NOT considered a weapon as its primary purpose is to hold up pants.

Unclear Application of Statutes

  • Statutes are often written in general terms.

  • Example: Kevin and Jennifer case

    • Issue: Definition of "man" in the Marriage Act relating to gender reassignment.

    • Court determined that a person who had a gender reassignment operation can be considered a man.

Effects of Statutory Interpretation

Establishing Legal Precedents

  • Court interpretations provide binding precedents for lower courts.

  • Such precedents guide lower courts when handling similar cases.

  • Interpretations serve as persuasive precedents for higher or other hierarchically different courts.

Narrowing or Broadening Statute Applicability

  1. Narrowing Effect

    • Example: Deng and Tera case (studded belt).

    • Interpretation of "weapon" limited the definition, narrowing the statute's application.

  2. Broadening Effect

    • Example: Kevin and Jennifer case.

    • "Man" was broadened to include those who transitioned genders, expanding the statute's application.

Important Takeaway

  • Courts interpret statutes without changing the text of the legislation.

  • Only Parliament has the authority to amend statutory wording.

  • Courts can reframe the operational interpretation of the statutes through their judgments.