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Sunday, April 18, 2010

Chapter-3 Punctuation and Grammar: Aid to interpretation Part 3-7

Chapter-3

Part 3-7

Punctuation and Grammar; An Aid to Interpretation

While punctuation can assist in the interpretation of statutes, care must be taken: The following citations can be noted to arrive at if Grammar is material or not. Likewise punctuation is dealt with here in details.

Although Canadian courts consider punctuation part of the legislation, they are unwilling to place much reliance on it as an aid to interpretation. The primary reason for this distrust is its inherent unreliability. Many of the conventions governing punctuation, especially comma placement, are fluid and unstable. Practices vary from one region to another and may change rapidly over time. Also, considerable discretion is left to individual writers to vary punctuation as a matter of taste or style. And not least of all, even competent users of language often make mistakes out of carelessness or uncertainty. For these reasons, the courts are rightly cautious of attaching too much significance to a single punctuation mark.

A debate on punctuation cannot take the place of an interpretation based on the legislative context and ordinary meaning of words. The reliability of punctuation as a tool of interpretation has indeed.[1] been questioned, . . .Punctuation is a rational part of English composition, and is sometimes quite significantly employed. I see no reason for depriving legal documents of such significance as attaches to punctuation in other writings.[2] Punctuation is but one tool to help in the determination of legislative intent[3].

In Caridnal, V.R.[4] MAHONEY J. wrote,

Punctuation cannot render a single interpretation so certainly correct as to obviate the need to refer to the entire enactment in the interpretation of one of it’s provisions but it is certainly to be considered.”

The court is capable of assessing punctuation and grammar without expert or other opinion.[5] To resolve a syntactic ambiguity in a statute the courts may elicit the punctuation used in that part of the statute but do so with caution because many conventions governing punctuation are fluid and unstable especially with the use of the comma[6].

In Canada the courts look at punctuation in interpreting statutes with some caution. In the Interpretation of Legislation in Canada by Pierre André Coté (2nd Ed.) there appears at p. 62 and 63:

‘In Canada, punctuation is considered to be a part of the stature and may be looked at in its interpretation:In construing the clause it is my opinion that we should have regard to the punctuation ... The ratio decidendi of those cases which held that punctuation in a Statute ought not to be regarded was that statutes as engrossed on the original roll did not contain punctuation marks. We were informed by counsel that in British Columbia statutes are presented to the Legislature for passing and are passed punctuated as they appear in the copies printed by the Queen’s Printer; consequently the foundation of the earlier decisions has been removed.

But even admitting that punctuation is part of the enactment, the question of its relative weight remains. As with other parts of a statute, the authorities indicate that this will vary according to the circumstances.

...

Punctuation, particularly the comma, is essential to written communication, and judges cannot totally ignore it. However, they will hesitate to base a decision solely on the presence or absence of particular punctuation marks. Several reasons justify such caution: “. . . punctuation is not subject to rigorous and well-defined rules.” To the extent that rules exist, they are poorly understood and may not have been respected, with the result that a document may be “. . . copiously, if not carefully, punctuated”.[footnotes ommitted][7]Replying to arguments based on punctuation, the courts will not only refer to its unreliable nature but also the context and object of the statute.


[1] In Laurentide Motels Ltd. v. Beauport (Ville), 1989 CanLII 81 (S.C.C.), [1989] 1 S.C.R. 705 at 755, per L'HEUREAUX-DUBE J

[2] Housten v Burns 1918] A.C. 337 per LORD SHAW of Dunfermline ,See also: The Queen v. Alaska Pine and Cellulose Co. [1960] S.C.R. 686

[3] R. v. C. L. , 2005 NSFC 21

[4]In Caridnal, V.R. {1980} F.C. 149 at 154-55

[5] R. v. Galbraith, 2008 ONCJ 761,the court observed that:” The opinion regarding grammar and punctuation was from someone not established as an expert, and the opinion offered is not needed” in the matter related to Provincial Offences Act, s. 50(3) was being discussed.

[6] See: Driedger on the Construction of Statutes at pp. 276-277. At p. 277 the author states:
”. . . A comma before the qualifying words ordinarily indicates that they are meant to apply to all antecedents while the absence of a comma indicates that they are meant to apply to the last antecedent alone. . . .” Further in the case of
Mawson Hotels Ltd. v. Solie, 1997 CanLII 11194 (SK Q.B.) it was observed that ’ In the matter before me there is a comma before the qualifying words, respecting any materials, equipment or appliances used or installed in a building, structure or premises. An application of the rule would lead to the interpretation that the qualifying words apply to all antecedents. Such an interpretation is in conflict with the purpose of the legislation and would lead to an unreasonable
outcome. I find that the placement of the comma leads to an interpretation which conflicts with the purpose of the legislation. Thus the purpose of the legislation must take precedence.per HRABINSKY J

[7] Bell v. Canada (Attorney General), 2001 NSSC

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