Purposive Analysis

• Author: Ruth Sullivan
• Profession: Faculty of Law, University of Ottawa
• Pages: 194-208

CHAP TER 10

PURPOSIVE A NALYSIS

A. INT RODUCTION

To achieve a sound interpretation of a legislative text, interpreters must

identify and take into account the purpose of the legi slation. This in-

cludes the purpose of the prov ision to be interpreted as well a s larger

units — part s, divisions, and t he Act as a whole. Once identif‌ied, the

purpose is relied on to help est ablish the meaning of the text. It is

used as a standard against which proposed interpretations are tested:

an interpretation that promotes t he purpose is preferred over one that

does not, while interpretations t hat would tend to defeat the purpose

are avoided.

Purposive an alysis has become a staple of modern interpretation. It

is used not only when the language of a text is found to be ambiguous

but in every case and at every stage of interpretation. This reliance i s

justif‌ied by the interaction between language and purpose that i s pres-

ent in all communicat ion, including legislation. The list ener or reader

infers the purpose from what is being sa id and the circumstances in

which it is said, and at the same t ime understands what is being said in

light of the purpose.

A strong emphasis on purpose is also just if‌ied by a number of legal

considerations. First, a pur posive approach has been m andated by the

legislature. There is a provision in every Canadi an Interpretation Act

directing interpreters to g ive to every enactment “such fair, large and

liberal construction and interpretation as best en sures the attain ment

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