The Legislative Context

• Author: Ruth Sullivan
• Pages: 173-184

173

CHAPTER 10

THE LEGISLATIVE

CONTEXT

The legislative context is comprised of all the legislative texts that may

be taken into account in interpretation. This consists of the Act as a

whole, related legislation (statutes in pari materia), the statute book as

a whole, and legislation enacted by other jurisdictions.

A. ACT AS A WHOLE

Courts often say that the meaning of a word or expression can be fully

understood only if it is read in the context of the Act as a whole. In Gar-

landvCanada (Employment & Immigration Commission), for example,

Heald J wrote:

[I]t is necessary to read the statute containing the words in issue in

its entirety as an initial step. Only after that has been done can it be

determined with any precision whether or not the words being inter-

preted are clear and un ambiguous.1

Although commonplace, this advice is somewhat misleading. In the

f‌irst place, it is not necessary to read every word of an enactment to get

a sense of an Act as a whole. What one looks for when considering an

1 [1985] 2 FC 508 at 515 (CA). This point has b een made in recent judgments of

the Supreme Court of Ca nada. See in particu lar Re Canada 3000 Inc, 2006 SCC

24 at paras 44 –45.