CHAPTER 4
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INTERPRETING THE ACT AND THE REGULATIONS
4.2 Rules of Interpretation in the Case Law
4.2.3 Purposive Analysis
The purpose of this method, codified in s. 12 of the federal Interpretation Act Section 12 of the Federal Interpretation Act, is to glean the legislator's true intent by focusing on the objectives of the enactment. The true meaning, spirit and purpose of a statute are to be found in the remedy Parliament intended. And if a law is to be remedial or corrective, it must be interpreted liberally. The purposive analysis therefore invites us to give it such fair, large and liberal construction and interpretation as best ensures the attainment of its objects. This stands contrary to restrictive interpretation.
Parliament's intent will be found in the statute itself. "What is said to be the paramount rule for the interpretation of statutes is 'that every statute is to be expounded according to its manifest or expressed intention'."586 Citation
The purposive approach consists of a search for the objective the lawmaker was pursuing. By way of illustration, it has been held that our Act ". . . is an important piece of social welfare legislation. Social welfare is to be liberally construed so as to advance the benevolent purpose of the legislation."587 Citation
This search makes it possible to avoid a narrow interpretation restricted to the ordinary or literal meaning of words.
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