What is the test for an interpretation of the provisions of the B.S.C.L.O. legislation on reconciliation and reconciliation?
British Columbia, Canada
The following excerpt is from MacKinnon v. National Money Mart Company et al, 2004 BCSC 136 (CanLII):
It is a principle of construction that, where possible, the court will prefer an interpretation which permits reconciliation, avoids conflict or incoherence between two acts (Friends of the Oldman River Society v. Canada (Minister of Transport), 1992 CanLII 110 (SCC), [1992] 1 S.C.R. 3). The court presumes that the legislature did not intend contradictory enactments.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for overturning a chambers judge's finding that a section of statutory interpretation of the Statutory Interpretation of Section 5(1) of the Criminal Code applies to a person who is not a party to the legislation? (British Columbia, Canada)
What is the test for interpreting legislation in the context of municipal legislation in Whistler? (British Columbia, Canada)
What is the legal test for a court to interpret the interpretation of the House of Commons Bill of Representatives in the context of cross-party legislation? (British Columbia, Canada)
What are the rules of interpretation in the interpretation of tax legislation? (British Columbia, Canada)
Does the description of a term in civil legislation by reference to it being "under" a specific statutory provision in the Criminal Code apply to the meaning of that term? (British Columbia, Canada)
Can section headings be interpreted as a valid indicator of legislative intent? (British Columbia, Canada)
How have courts interpreted the meaning of a permitted use provision in a municipality’s planning application? (British Columbia, Canada)
Can the BC government adopt the same or similar legislation or legislation in respect of a future election or referendum? (British Columbia, Canada)
How has the BC government's policy of not funding interpretation services for deaf patients been interpreted in conjunction with receipt of medical care? (British Columbia, Canada)
Does the standard of correctness apply to a decision of an administrative tribunal on an issue of interpretation of its enabling legislation? (British Columbia, Canada)
