Statutory Interpretation
Parliament, not the
judiciary, may expand the scope of criminal liability.
Criminal offences in Canada since 1955 have been entirely
statutory (with the exception of criminal contempt). However, the common law
continues to play an important role in defining criminal conduct.
However, where a
court is asked to expand criminal liability by departing from the well-understood
common law meaning of a term, three principles of statutory
interpretation are particularly salient:
1.
When Parliament uses a legal term with a
well-understood legal meaning, it is presumed that Parliament intended to
incorporate that legal meaning into the statute.
2.
Any departure from that legal meaning must be
clear, either by express language or necessary implication from the statute.
3.
Apart from criminal contempt, there can be no
liability for common law crimes. Creating and defining crimes is for
Parliament; the courts must not expand the scope of criminal liability beyond
that established by Parliament.
R. v. D.L.W.,
2016 SCC 22 (CanLII)
Applying these principles of statutory interpretation in R. v. D.L.W., the Supreme Court of
Canada held that penetration was an
essential element of the offence of bestiality.
Additional Notes
Parliament intends the
legal meaning of legal terms--When Parliament uses a term with a legal
meaning, it intends the term to be given that meaning. Words that have a
well-understood legal meaning when used in a statute should be given that
meaning unless Parliament clearly indicates otherwise. Parliament is presumed
to know the legal context in which it legislates and does not intend to disturb
well-settled law without explicit language or by “relying on inferences that could
possibly be drawn from the order of certain provisions in the Criminal Code.
Principle of stability
in the law--Absent clear legislative intention to the contrary, a statute
should not be interpreted as substantially changing the law, including the
common law.
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