What is the current state of the law on the interpretation of substantive statutory provisions?

Ontario, Canada


The following excerpt is from R. v. Tenny, 2015 ONSC 1471 (CanLII):

I do not need to cite authority for the well-established principle that penal statutes must ordinarily be interpreted strictly and, where there is any uncertainty or ambiguity in the legislation, it must be interpreted in favour of the accused. However, the principle of strict interpretation may be relaxed in favour of a more liberal interpretation in at least two situations, both of which obtain here, namely: (1) where the statutory provision in question relates to a procedural issue, as opposed to creating a substantive offence; and (2) where the statute in question relates to regulatory, as opposed to purely criminal, proceedings. Procedural v. Substantive Statutory Provisions

Other Questions


In what circumstances will an arbitrator be bound to follow the interpretation of Arbitrator Starkman’s interpretation of the Interpretation of the Arbitrator's Interpretation in a dispute? (Ontario, Canada)
What is the current state of the law on wiretapping in the United States? (Ontario, Canada)
What is the current state of the law on pit bull legislation in the United States? (Ontario, Canada)
What is the current state of the law on retroactively interpreting legislation? (Ontario, Canada)
In what circumstances will a tenant be evicted from a rental unit after the statutory statutory period has expired if they bring a moving van to the former rental unit during the statutory period? (Ontario, Canada)
What is the current state of the law in the United States when it comes to detaining a suspected shoplifter? (Ontario, Canada)
What is the current state of the law in the United States? (Ontario, Canada)
What is the current state of the law on the interpretation of an arbitrator’s reasons? (Ontario, Canada)
What is the current state of the law in the United States when it comes to declaratory litigation? (Ontario, Canada)
What is the current state of the law in the United States and Canada on the doctrine of joint prosecution? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.