HomeTag Archives: legislative history

Tag Archives: legislative history

The Perils of the Purposive Approach

The Supreme Court of Canada has repeatedly said that, in interpreting statutes, courts should undertake a unified textual, contextual and purposive approach. Under this approach “the words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention ...

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Parliament’s Post: The City of Hamilton Cannot Regulate Community Mailboxes

Recently, the Ontario Court of Appeal in Canada Post Corporation v Hamilton (City)[1] had an opportunity to revisit the doctrine of federal paramountcy in the context of the most exciting of subjects: community mailboxes. Below, I briefly review the facts of the case, and argue that the case should have been decided on the grounds of validity rather than operability. ...

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