Question
Elmer Driedger was an academic at the University of Ottawa who taught legislative composition (legislative drafting) and the principles of its interpretation (also called statutory
Elmer Driedger was an academic at the University of Ottawa who taught legislative composition ("legislative drafting") and the principles of its interpretation (also called "statutory construction"). In the text which Professor Driedger wrote on interpretation he described what he called the "modern method (or principle)" of interpretation of legislation in Canada. This approach to interpretation was cited to and approved by the Supreme Court of Canada and has since been followed by all other Canadian courts and tribunals.
Using CanLII (https://www.canlii.org/en/) find a1998 decisionof the Supreme Court of Canada which cited Professor Driedger and referred to his description of the proper method of interpretation of legislation.
Then answer these questions:
- What was the name of the case, and what is its CanLII citation and its citation in the Supreme Court Reports? Copy and paste a CanLII link to the SCC case into your submission.
- What are the names of the judges who heard the case? Which judge wrote the judgment, and which others agreed with it?
- Which piece of legislation and what sections of it needed to be interpreted in this case? What were the exact words that the court needed to give meaning to, and why was this important to the parties to decide?
- Which paragraph contains the reference to Professor Driedger? Quote it in your submission.
- In addition to the CanLII and SCR citations of this case, how many other citations are provided? What is the citation for the case in the Dominion Law Reports?
- What court made the decision which was appealed to the Supreme Court of Canada, and what is the CanLII citation to that decision of the court below?
- In addition to the legislation mentioned in question 3 above, what other legislation was considered by the Supreme Court of Canada in making its decision?
- The final order of the Supreme Court of Canada disposing of the appeal is found in which paragraph? Quote the paragraph.
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