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Aids to interpretation, In general for Hansard:
Can be referred to in…
Aids to interpretation
Internal aids
Presumptions
Are certain assumptions that a court will apply in approaching a statute, unless and until it can be established that the wording of the statute displaces the presumption
Certain presumptions will apply when a court is interpreting a statute, such as:
- Existing rights are not removed/interfered with
- Criminal law should be interpreted in favour of citizen/defendant when there is ambiguity
- Statutes are "always speaking" in nature
- Statutes do not change the common law
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Rules of Language
Ejusdem generis - General words which follow specific ones will be considered as including only others within the same category
Expressio unius est exclusio alteris - express mention of one specific thing excludes others in that category
Noscitur a sociis - When statutory provisions includes list of examples of what is included. Words used should be interpreted in relation to each other. (a word draws meaning from other words around it)
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In general for Hansard:
- Can be referred to in order to establish meanings of words and phrases in an Act, especially when promoters of the Bill has made specific statements when the Bills are being debated as to how the provision should be used
- Promotes parliamentary sovereignty, where Courts are trying to find and give effects to the intentions of Parliament as expressed in these words
- Hansard should not be used to establish arguments relating to policy/motivating reasons of the act. Unless, there is a clear statement to give effect by the promoter of the Bill
- Doing this can undermine parliamentary sovereignty, where it enables the Courts to second-guess the purposes of Parliament in passing the Act based on the debates that had occurred, rather than using the specific wording used in the Act