POLS 3135 Lecture 4 2008

POLS 3135 Lecture 4 2008 - Public Law I October 3, 2008...

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Public Law I October 3, 2008 Rules of statutory interpretation Legal Presumptions in judicial decision- making Peace Order and Good Government (I) Russell v. the Queen Local Prohibition Case Board of Commerce TEC v Snider AG Ont. v. Can Temperance Federation
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Rules of Statutory Interpretation (1) ± Why are rules needed? ± Intent of legislature ± “reasonable person” test ± 1.Plain meaning rule ± 2.“golden rule”: avoid ± 3.What was the ± Specific words help explain general ones nearby ± Express inclusion of some items implies exclusion of items not mentioned ± Aids: Interpretation statutes Definition sections of statutes
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Rules of Statutory Interpretation (2) ± More Aids: Context in statute Other similar statutes Legislative history Minimal weight. Why? ± Books on rules of interpretation, & legal dictionaries ± French & English text ± International conventions & treaties (sometimes) ± Preamble (but not marginal notes)
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Presumptions ± Criminal law: in favour of accused ± Taxation law: in favour of taxpayer ± Against alteration of common law ± Mens rea (guilty mind), unless express absolute liability ± Against retroactivity ± Against ousting jurisdiction of courts ± For crown immunity (now mostly replaced by statutes allowing suits against crown) ± Every word is deliberate ± Specific given precedence over general ± More recent > older ± Leg. did not intend drafting error (cts can correct)
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Doctrine of Stare Decisis Stare decisis: a rigid form of the doctrine of precedent. Decision of the Court = ratio decidendi which forms the precedent that needs to be followed. Ways around stare decisis: Distinguish Ratio is really obiter Per incuriam Emphasize different majority opinion ignore
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Stare Decisis continued Hierarchy of courts determining application of stare decisis SCC can choose not to follow precedent. Ont CA: policy: follow What if conflicting precedents?
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What Does Court Look For in Constitutional Cases Involving Division of Powers? -Is the challenged law
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This note was uploaded on 02/14/2012 for the course POLS 3136 taught by Professor Bazowski during the Winter '10 term at York University.

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POLS 3135 Lecture 4 2008 - Public Law I October 3, 2008...

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