clouds of confusions

  • Must also appreciate some clouds of confusions: interpretation is not about what parliamentary intention is, because that is usually clear, but when judges declare what the intention is, they are in truth themselves legislation to fill up casus ommissi, the left gaps. Such as Dentist Calgary NW
    • Underlying this view: atomistic conception: idea that we are concerned with individual things rather than general ideas.
    • This atomist view exercises much influence on theories of interpretation that we must set off against ia truer view of the problem.
    • Analogy: Son must finish project started by father who was working on an invention but father dies and leaves only sketch and then son must start thinking about how to remedy the situation.  Questions son must ask himself are similar to that what must ask when interp. Statues.
      • What about impasse of “legislative intention” who’s intention. Back to analogy. What the son does is look at the intention of the DESIGN, not only put himself in the shoes of his father.  So we must speak of “the intention of the statute”.
      • Is analogy misleading, can statute be reduced to simple invention of household utility? No, because precisely some of the uncertainty can be tolerated!! so long as it doesn’t exceed a certain crucial point.