What is the test for constitutional interpretation in the context of "interpretation"?
British Columbia, Canada
The following excerpt is from HMTQ v. Pelletier, 2002 BCSC 561 (CanLII):
In MacDonald v. City of Montreal, 1986 CanLII 65 (SCC), [1986] 1 S.C.R. 460, Beetz J. for the majority stated that it was not for the courts, “under the guise of interpretation”, to change the constitutional language compromise of Canada. He said at p. 496: But it is not open to the courts, under the guise of interpretation, to improve upon, supplement or amend this historical constitutional compromise.
"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
Is there any case law that supports the argument that the doctrine of common law must be interpreted in the context of the common law context? (British Columbia, Canada)
Can ICBC argue that s. 91 of the Insurance Code of Canada Act, s.91(1) of the Code of Civil Procedure, or s.92 of the Act, be interpreted in the context of statutory interpretation? (British Columbia, Canada)
How have the courts interpreted contracts in the context of the interpretation of contracts? (British Columbia, Canada)
What is the test for the admissibility of constitutional reference materials in the context of constitutional references? (British Columbia, Canada)
How has the Access Policy been interpreted in the context of a constitutional challenge? (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)
How have the courts interpreted the term “as liquidated damages” in the context of a contract? (British Columbia, Canada)
What constitutes a "willful false statement" by a person in the context of an insurance claim? (British Columbia, Canada)
How has the court interpreted vulnerability in the context of a fiduciary duty of trust in an investment relationship? (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)
