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, w here 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 de...