STATUTES: THE MISCHIEVOUS LITERAL GOLDEN RULE

Abstract

The author is a former professor of statutory construction at the University of Ottawa. This short explication articulates the mischief rule, the literal rule and the golden rule as a fused scheme of statutory interpretation. As departure from the literal rule is warranted only where its use produces absurdity, the author embarks on an exploration of what amounts to absurdity, what comprises a literal meaning, and what precisely constitutes departure from the usual rule.