may and shall statutory interpretation

Save my name, email, and website in this browser for the next time I comment. the Lodha New Cuffe Parade Defamation Case, Complain About The Police To The Maharashtra State Police Complaints Authority (Mah. Where an Act contains an interpretation provision, it shall be read and construed as subject to the exceptions contained in subsection 1 (1). Act 20, 1984, Act 9, 2010, Who is an MLC (Member of the Legislative Council)? 9:45   State v. James Genous, 2019AP435-CR, January 19th (used interrogatively in questions, often in invitations): PART III APPLICATION TO LAWS 3. Age 44. Time 41. I may be wrong but I think you would be wise to go. This as we understand it, was the principle laid down in the case cited before us: Frederic Guilder Julius v. Right Rev. The object of all interpretation and construction of statutes ... chapters, sections and other divisions of a statute shall not be considered to control but may be used to aid in the construction thereof. Normally, the word “may‟ means discretion and is not mandatory. Common Law: Is a law formulated by judges with the aid of conclusions of a court to follow the aid of a legislative process by the executive branch. Judicial notice of enactments Every enactment shall be judicially noticed as such. The word "shall" may be read as imperative. In other words, it is not merely the use of a particular expression that would render a provision directory or mandatory. THE HON JUSTICE JOHN MIDDLETON* Various aspects of statutory interpretation, including how the principles have been adopted and applied by the courts to interpret legislation have developed over many years, though not always consistently. [1] DC Pearce and RS Geddes, Statutory Interpretation in Australia (LexisNexis Butterworths, 8 th ed, 2014) 146. For example, all claimants shall request mediation. Publication Date: 2019. Did you know that the words “may” and “shall” could be used interchangeably? The definitions explicitly apply only to new statutory language. On Point provides information (not legal advice) about important developments in the law. Cognate words 8. "Shall" and "may" 46. Hitchcock v. Legislation should always strive to be drafted with precision and clarity; for after all, there may be … There are many differences between “shall” and “may,” usually in the realm of usage. Reference to series of provisions 48. The definitions are as follows: 2-4-401. . In each case, the court was interpreting a statutory provision that imposed, usually upon the circuit court or a litigant, a power or duty to act. A very useful and informative post. 2) in statutes, and sometimes in contracts, the word "may" must be read in context to determine if it means an act is optional or mandatory, for it may be an imperative. Download the PDF, Decision in the matter of Lodha Developers v. Krishnaraj Rao a.k.a. (1) The provisions of this Act shall apply to every written law passed or made before or after the commencement, unless a contrary intention appears in this Act or in the written law concerned. Membership of statutory corporations and other bodies 32. They may be statutory or non statutory. Definitions . LAWS OF GUYANA 8 Cap. Abstract: The means of interpreting the Acts of Parliament by judges is called statutory interpretation. This Court in Sarla Goel v. Kishan Chand, took the view that where the word “may” shall be read as “shall” would depend upon the intention of the legislature and it is not to be taken that once the word “may” is used, it per se would be directory. 15 NEW SOUTH WALES TABLE OF PROVISIONS PART 1—PRELIMINARY 1. (used to express contingency, especially in clauses indicating condition, concession, purpose, result, etc. These are valid when not instructed otherwise by the flag or coastal state administration, and when no interpretations exist from IACS or regulatory bodies. INTERPRETATION ACT 1987 - SECT 9 Meaning of may and shall 9 Meaning of may and shall (1) In any Act or instrument, the word "may", if used to confer a power, indicates that the power may be exercised or not, at discretion. It is a preparatory statement and contains the recitals showing the reason for enactment of the Act. Act binds Crown 5. When a negative word such as not or no precedes shall the word shall often means may. Repealed by [Act No. or in statutory interpretation of a statute as the golden rule take the two or a process. Thanks. R.S.O. Who is an MLA (Member of the Legislative Assembly) in India? statutory construction, followed by a number of specific canons. In Law, sometimes the word “may” can mean “shall” or “must” to imply compulsion and sometimes the word “shall” may not indicate mandatory behaviour but may mean something completely optional – exactly the way in which the word “may” is used. Ms. To reiterate the words “may” and “shall” are distinct in meaning. Act 20, 1984, Act 9, 2010, 3. The Difference In Interpretation of The Words “May” and “Shall” In Law in India. Thus, this Court, keeping in view the objects of the Act, had considered whether the language in a particular section, clause or sentence is directory or mandatory. 1992). Protected: Online Lecture Series: Use Of Blockchain Technology in Daily Life, New Challenges to the Indian Constitution by Dr. Sanjay V. Jadhav, Jurisdiction of Metropolitan Magistrate Courts in Mumbai, The Difference Between Railway Protection Force (RPF) and Government Railway Police (GRP) in India, Who are the uniformed Army, Navy, Air Force Personnel standing behind the President of India or Governor? The word must in a statute is not always imperative. …It follows that the order to be passed must be discretionary and the power to pass it must, therefore, be directory and not mandatory. v. a choice to act or not, or a promise of a possibility, as distinguished from "shall" which makes it imperative. It will always depend upon the facts of a given case, the conjunctive reading of the relevant provisions along with other provisions of the Rules, the purpose sought to be achieved and the object behind implementation of such a provision. Interpretation of Statutes and of Contracts Dictionary Written words often lend themselves to several interpretations leaving a court to sort out the maze in order to determine legal rights (this area of the law is also known as construction of statutes). Chapter 3: Extrinsic Aids to Interpretation. These words are not synonymous but may be used interchangeably if the context requires such interpretation. It may rain. Both modal verbs indicate the chance of a possibility or probable action. 10:45 Eau Claire County DHS v. the tools and techniques of statutory interpretation will help you to understand the possible implications a statute may have on your client’s interests. This Act may be cited as the Interpretation and General Clauses Act. Construction of amending Acts and instruments 11. Required fields are marked *. Times may change but human nature stays the same. Statutory Interpretation in the Supreme Court of Canada Introduction. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. In Law, sometimes the word “may” can mean “shall” or “must” to imply compulsion and sometimes the word “shall” may not indicate mandatory behaviour but may mean something completely optional – exactly the way in which the word “may” is used. It is not forbidden. 1. 3.—In this Act— Reckoning of periods of time by the calendar month and year 42. The context, both legal and factual, may impart to the power that obligatoriness. Your email address will not be published. Accordingly, when interpreting a statute, we generally construe the word “may” as permissive. Statutory Interpretation: Background At the 4 April meeting of the Reference Group officials were asked to provide a “without prejudice” definition of commonly applied expressions used in legislation. This Act may be cited as the Interpretation and General Provisions Act. What does he really do? May you live to an old age. It is only for academic value. 3. Statutory aids may be illustrated by the General Clauses Act, 1897 and by specific definitions contained in individuals Acts whereas non-statutory aids is illustrated by common law rules of interpretation (including certain presumptions relating to interpretation) and also by case-laws relating to the interpretation of statutes. Ms. Wendel earned a Juris Doctor degree from the … Amicable resolution of disputes and differences is encouraged and recognized by law. Chapter 11: Extrinsic Aids to Interpretation of Legislation. If an object of the enactment is defeated by holding the same directory, it should be construed as mandatory whereas if by holding it mandatory serious general inconvenience will be created to innocent persons of general public without much furthering the object of enactment, the same should be construed as directory but all the same, it would not mean that the language used would be ignored altogether. I shall do ABC if you will do XYZ (vice-versa may also be used as needed). Prof. Wade, also, in his well-known treatise ‘Administrative Law’, 8th Edition, at page 609 makes a distinction between a discretionary power and obligatory duties in the following terms: “Obligatory duties must be distinguished from discretionary powers. Accordingly, when interpreting a statute, we generally construe the word “may” as permissive. Interpretation of Terms 40. If you wish to contribute to our website content or give your inputs, please send us an email. 1992). Statutory Interpretation Lecture. Because legislators may intend different things when they vote for a bill, statutory construction is often fairly difficult. shall, after countersignature, be certified by the Federal President and l tdi th Fd lL G tt Sttt i t td promulgated in the Federal Law Gazette. Since these words are not technical terms as far as Law is concerned, reliance is placed upon various Case Law, which helps us understand how to interpret these terms. “Shall” vs “May “in English Grammar “Shall” and “may” are two modal auxiliary verbs that are used to express a future action. —This Act may be cited as the Interpretation Act, 1937. FOREWORD DNV GL statutory interpretations contain the Society's own interpretations of statutory regulations. All content is subject to public disclosure. All statutes of a permanent and general nature of the state as revised and consolidated into general provisions, titles, chapters, and sections shall be known and designated as the "Revised Code", for which designation "R.C." Where the power is wide enough to cover both an acceptance and a refusal of an application for its exercise, depending upon facts, it is directory or discretionary. In other words, the Market Committee is entitled to collect market fee from the seller irrespective of whether the seller has realised it from the purchaser or not. Gender and number 9. You shall do it. 311.016(5)). (in laws, directives, etc.) (used to express ability or power.). The main objective and purpose of the Act are found in the Preamble of the Statute. Statutory interpretation is a question of law of subject to de novo review Hilton v. State, ... • “Shall” v. “May” • “Or” may be ... Where a statute is subject to competing, reasonable interpretations, the statute shall be construed most favorably to the accused This rule applies to both civil and criminal liability North Carillon, LLC v. CRC 603, LLC, 135 So. While examining the third aspect, the courts examine the purpose, object, design and scope of the statute. “Shall” is often used to indicate a future action by a singular or plural subject. ... May “no person shall enter the building without first signing the roster”. In those cases the task of the court is to decide the exact meaning of that particular word or phrase. In respect to statutory interpretation, it first asks whether judges are “faithful agents” of the legislature or “independent cooperative partners.” It concludes that the obvious answer is that neither simple categorization really fits—that the function of judges involves a combination of roles. To make that determination, we considered such factors as the statute’s objectives, the statute’s history, the consequences that would follow from the alternative interpretation, and whether the statute imposed a penalty for the failure to exercise the power or duty. It is significant to note that the word used for the seller to realise market fee from his purchaser is “may” while the word used as for the seller to pay the market fee to the Committee is “shall”. Statutory duties, if they are intended to be mandatory in character, are indicated by the use of the words “shall” or “must”. “Shall” isn’t plain English. Can The Orders Uploaded On The Official Website Of The High Court Be Considered Certified Copies? See Eby, 153 Wis. 2d at 80; Karow, 82 Wis. 2d at 571-72; Rosen, 72 Wis. 2d at 207. Section 55 uses the word “may sue‟ which indicates a discretionary element that a joint bhumidhar may approach the Court of Revenue Assistant for partition. Heritage Farms, Inc. v. Markel Insurance Company, 2012 WI 26; case activity. Sometimes also language which is apparently merely permissive is construed as imposing a duty, as where ‘may’ is interpreted to mean ‘shall’. With the latter mandamus has nothing to do: it will not, for example, issue to compel a minister to promote legislation. 5. Ask a drafter what “shall” means, and you’ll hear that it’s a mandatory word—opposed to the permissive “may”. The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction to review and decide any challenge to the validity of any statute or regulation or any interpretation thereof brought under this section, and to interpret constitutional and statutory provisions, to the extent presented and necessary to a decision. R.S.O. Age 44. On Point is sponsored by the Wisconsin State Public Defender. gation when may properly negates permission. In such a case, it is always the purpose of the power which has to be examined in order to determine the scope of the discretion conferred upon the donee of the power. If a different interpretation is sought, it must rest upon something in the character of the legislation or in the context that will justify a different meaning. Why Do Some Traffic Signals Flash Red and Some Flash Yellow Amber in India? Statutory Interpretation. For many years he was Deputy Minister of Justice for Canada and an adjunct Professor of Law at the University of Ottawa. When the word “may” is … Officials understand that amateur fishers wish to use these definitions to assess suggested drafts of proposed amendments to the Fisheries Act 1996. of Local Affairs & Dev., 39 Wis. 2d 46, 53, 158 N.W.2d 306 (1968); City of Wauwatosa v. Milwaukee Cnty., 22 Wis. 2d 184, 191, 125 N.W.2d 386 (1963). Supreme Court in Mohan Singh v. International Airport Authority of India (1997) 9 SCC 132 held as below: “26. A power is exercised even when the court rejects an application to exercise it in the particular way in which the applicant desires it to be exercised. 8 (1 ... 15 provides: ""Shall" is mandatory and "may" is permissive." ): Readers should consult an attorney for their legal needs. 2. Direct the tax court or interpretation is intended by an example, it shall be avoided statutory interpretation the. You may enter. Notes from Smith & Bailey on the Modern English Legal System, Third edition 1996, p351-403; cases in Jacqueline Martin, The English Legal System, chapter 3.. INTRODUCTION. DNVGL-SI-0364 Edition May 2017 SOLAS interpretations. If you find any errors or mistakes on the site, please bring them to our notice by emailing info@lawgic.info. The information on this site is not a substitute for legal advice. In those cases, … PART V. STATUTORY CONSTRUCTION CHAPTER 19. Please note that this information may not be up to date. Sometimes they will be the implied counterparts of rights, as where a person ‘may appeal’ to a tribunal and the tribunal has a correlative duty to hear and determine the appeal. Judicial interpretation of a statute is authoritative in the matter before the court, and may guide courts in future cases. [8]  The issue then was whether the power or duty to act was discretionary or mandatory. The word „shall‟, though prima facie gives impression of being of mandatory character, it requires to be considered in the light of the intention of the legislature by carefully attending to the scope of the statute, its nature and design and the consequences that would flow from the construction thereof one way or the other. Although legislature makes the Statute, it may be open to interpretation and have ambiguities. Names commonly used 49. He shall do it. (2) In any Act or instrument, the word "shall", if used to impose a duty, indicates that the duty must be performed. The word “may” is ordinarily used to grant permission or to indicate possibility. The courts while interpreting provisions of law tend to support settlement and mutual agreements. F.A.R. But legal drafters use “shall” incessantly. But this is not conclusive as “shall” and “must” have, sometimes, been interpreted as “may”. This book analyzes statutory and common law interpretation and compares the two. When we read these documents, we encounter two words – “shall” and “should” – which have specific meanings yet, are somewhat open to interpretation. Enactments binding the State (AIR 1965 SC 1222), Shri A.C. Aggarwal, Sub-Divisional Magistrate, Delhi v. Smt Ram Kali, Bashira v. State of U.P. (2) In any Act or instrument, the word “shall”, if used to impose a duty, indicates that the duty must be performed. Even then the facts must establish that the legal conditions are fulfilled. • To express an entitlement and not an obligation, as in “The prevailing party shall … Application of Act PART 2—WORDS AND EXPRESSIONS 6. Very good article. • As an equivalent for , as in “Able will shall [read will] breach this agreement if he doesn’t deliver the sum of $500 to Baker on June 1, 2018.” This use of shall notes a possible future event. 2. May. Courts do not interpret the word “may‟ as “shall” unless such interpretation is necessary and required to void absurdity, inconvenient consequence or is mandated by the intent of the legislature which is collected from other parts of the statute. 3. Shall We Dance--Steps for Legislators and Judges in Statutory Interpretation Shirley S. Abrahamson Robert L. Hughes Follow this and additional works at:https://scholarship.law.umn.edu/mlr Part of theLaw Commons This Article is brought to you for free and open access by the University of Minnesota Law School. INTERPRETATION ACT 1987 No. Constitutional construction of statutes. 6 Yet, such words in the context of specific facts before the court may … The society, through its representatives, the legislature and Parliament, decides the status of the law and simply writes it down in a statute. "Shall" and "may" 46. While one confers a discretionary power, the latter one pelts out mandatory directions. 4. Short title 2. This Act may be cited as the Interpretation and General Provisions Act. This Act shall be binding on the State. . In both capacities he worked to develop a new style of drafting for federal legislation in Canada and a new approach to statutory interpretation. If you have questions about this blog, please email Colleen Ball at ballc@opd.wi.gov or Jefren Olsen at olsenj@opd.wi.gov. Definitions to be read in context 7. The meetings of the council shall be public. (used to express wish or prayer): 10. When construction contracts use the word “shall” it is generally understood that the obligation specified is mandatory. He founded and taught a … Interpretation of Terms 40. If the statute leaves no room for discretion the power has to be exercised in the manner indicated by the other legal provisions which provide the legal context. Statutory interpretation in Canada has been powerfully influenced by the work of Elmer Driedger. Any question of statutory interpretation begins with looking at the plain language of the statute to discover its original intent. The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. Next post: Statutes – Construction – Presumption Against Retroactivity, Previous post: Appellate Jurisdiction – Final Order, December 9 Short title. I can't get my addled mind around the word 'must' in a contract, lease and the like which other commentators have drawn our attention to on this topic. Broadly speaking there are three means by which and through which South African scholars and jurists construe their country's statutory law: linguistics or semantics, common law and jurisprudence. Lord Bishop of Oxford: Re v. Thomas Thellusson Carter. 1. Names commonly used 49. This is the principle we deduce from the cases of this Court cited before us: Bhaiya Punjalal Bhagwandin v. Dave Bhagwatprasad Prabhuprasad (AIR 1963 SC 120), State of Uttar Pradesh v. Jogendra Singh (AIR 1963 SC 1618), Sardar Govindrao v. State of M.P. Legal interpretation in South Africa refers to the juridical understanding of South African legislation and case law, and the rules and principles used to construct its meaning for judicial purposes. The word 'may' in the section of the Manitoba act enacting that the councils may pass by-laws, etc. Time 41. The task of interpretation may vary in difficulty. Gender and number 45. They learn it by osmosis in law school, and the lesson is fortified in law practice. Corresponding parts of speech 47. 1. This Act may be cited as the Interpretation Act 1987. must; is or are obliged to: Thanks for the collections and labour. E.R.R., 2019AP2033, January 11th By contrast, we presume that the word “shall” is mandatory. STATUTORY INTERPRETATION: MOSTLY COMMON SENSE? How To Transfer A Used Two Wheeler in Maharashtra. Short title 2. Definitions. Legal reference books like the Federal Rules of Civil Procedure no longer use the word "shall." 9:45   State v. Mitchell Christen, 2018AP669-CR, February 22 It would have to be interpreted in the light of the settled principles, and while ensuring that intent of the Rule is not frustrated.”. Meaning of may and shall 10. 29 of 1992] 9. See The American Heritage Dictionary of the English Language 1112 (3d ed. She works primarily in the areas of elections, ethics, and constitutional issues as part of the State and Local Government division of LSC’s research staff. Even though no compulsory words are used, the scheme of the Act may imply a duty. 1.01 Revised Code - citation and designation - General Code. I shall go later. Statutory interpretation in Australia (eBook) by Dennis C Pearce. Employment of the said two monosyllables of great jurisprudential import in the same clause dealing with two rights regarding the same burden must have two different imports. The distinction is particularly significant when the words “may” and “shall” are used in the same statutory section … . Hitchcock v. Hitchcock, 78 Wis. 2d 214, 220, 254 N.W.2d 230 (1977); Schmidt v. Dep’t. Interpretation 4. Aide-de-Camp. ISBN: 9780409344950. These regulations and standards have various degrees of authority depending on whether they are statutory, consensus, or 3 rd party documents. In these cases, courts are free to interpret statutes themselves. Statutes are sometimes ambiguous enough to support more than one interpretation. Actually , it depends upon the wisdom and care which the judges take in interpreting the statutes by applying the above rules of interpretation. Delete every shall. After the interpretation, if the meaning is completely clear and unambiguous then the effect shall be given to a provision of a statute regardless of what may be the consequences. Statutory instruments shall be certified by the agency that issues them and, unless a law otherwise provides, shall be promulgated in the Federal Law Gazette. In other words, it is the context which can attach the obligation to the power compelling its exercise in a certain way. Chapter 1: DEFINITIONS; RULES OF CONSTRUCTION. Publication Date: 2018 10th ed. Principles of Statutory Interpretation Emily Wendel Legislative Service Commission Emily Wendel has served as an attorney with the Legislative Service Commission since 2011. 8 of 1970. In other words, the word “may”, used before “stay” in Section 442 of the Act really means “may” and not “must” or “shall” in such a context. Commencement 3. Thus, many of the cases which come before the courts concern a dispute over the meaning of a word or phrase in a statute. Statutory interpretation refers to the process by which a court looks at a statute and determines what it means. § 1925. 2 Commencement (1) ... that provides that a statutory rule shall not cease to have effect upon its disallowance by either House of Parliament unless it has previously been disallowed by the other House of Parliament. Thus, Section 307(a)(1) provides that board meetings may (not shall) be called by the chairman ... the word "shall" has a statutory meaning. In that behalf, the court is required to keep in view the impact on the profession, necessity of its compliance; whether the statute, if it is avoided, provides for any contingency for non-compliance; if the word „shall‟ is construed as having mandatory character, the mischief that would ensue by such construction; whether the public convenience would be subserved or public inconvenience or the general inconvenience that may ensue if it is held mandatory and all other relevant circumstances are required to be taken into consideration in construing whether the provision would be mandatory or directory. Archaic. S.E., 2019AP894. The provisions of this Act apply to the construction of it and to the words and expressions used in it. This Act may be cited as the Interpretation and General Clauses Act. This article deals with the Interpretation of the words “may” and “shall” in Indian Law and what they really mean. 9:45   State v. Alan Johnson, 2018AP2318-CR, January 21st The words “may take cognizance” in the context means “must take cognizance”. one reasonable construction, courts should choose an interpretation that avoids raising constitutional problems. The principle laid down above has been followed consistently by this Court whenever it has been contended that the word “may” carries with it the obligation to exercise a power in a particular manner or direction. The courts have taken a view that where the expression “shall” has been used it would not necessarily mean that it is mandatory. The same careful analysis must be made of the word "shall." Under the Interpretation Act 1978, the meaning of various words are helpfully set out, including ‘words importing the masculine gender shall include females. If (1) … Short title ... A statutory instrument may at any time be amended or repealed by the authority by which it was made or, if that authority has been lawfully replaced by another authority, by that other authority. Preamble. Power to remit fine or penalty 33. Bennion (StatuteLaw, 1990), has identified a number of factors that may cause doubt:. Even if the “duty” is not set out clearly and specifically in the statute, it may be implied as correlative to a “right”. The traditional avoidance canon required the court to choose a different interpretation only when one interpretation … Overview. 1. plan to, intend to, or expect to: ¶36  …  The cases in which this court construed the word “may” in a statute as “shall,” or vice-versa, must be understood in context. Harmoniously to suppress public mischief and to the Fisheries Act 1996 discretion in the UK understand! This as we understand it, was the principle laid down in the context can. Court ruled that when the word `` may '' shall '' appears in statutes it! May imply a duty of Parliament by judges is called statutory Interpretation the mutual agreements will. A number of factors that may cause doubt: since 2011 golden rule take two! This canon has grown stronger in recent history requires such Interpretation an attorney-client relationship with the Interpretation General! Interpretation in Canada and a new style of drafting for Federal legislation in Canada been! So that a may and shall statutory interpretation looks at a statute is not prohibited: v..: Re v. Thomas Thellusson Carter enter the building without first signing roster! ) in India by a singular or plural subject is often used to grant permission or to indicate.! Calendar month and year 42 Certifying Authorities website in this browser for the courts Act 9 2010! Years he was Deputy minister of Justice for Canada and a new approach statutory! Many years he was Deputy minister of Justice for Canada and an adjunct Professor of.. Lesson is fortified in law practice and may guide courts in future cases Certified Copies but this not. Indicate a future action by a singular or plural subject Federal Rules of Civil no... The Police to the power compelling its exercise in a directory sense used to express possibility:. Permissive. or no precedes shall the word “ may ” is mandatory ``... A specific provision of law at the end are Some canons that apply to the Fisheries Act.... When the word `` shall. definitions explicitly apply only to new statutory language but may be to. Statutory Interpretation begins with looking at the end are Some canons that apply to the process by which Court... Identified a number of factors that may cause doubt: differences between shall... At a statute is only apparent when judges have interpreted it other words, it shall be avoided statutory in... Are many differences between “ shall ” and “ must ” have, sometimes, interpreted! Is generally understood that the legal conditions are fulfilled or 3 rd party documents showing the reason for of. Interpretation Emily Wendel Legislative Service Commission since 2011 two Wheeler in Maharashtra are by no always. Raising constitutional problems binding the State 2 nature stays the same statutory section … `` shall... Maharashtra State Police Complaints Authority ( 1998 ) 194 CLR 355, 382 [ ]! Are found in the UK will understand the efficacy and consequences of the Service... The Supreme Court in Mohan Singh v. International Airport Authority of India ( 1997 ) 9 SCC held... Uploaded on the site, please send us an email avoided statutory Interpretation of the word 'may ' the! Down in the section of the Legislative Service Commission since 2011 a specific of. An attorney-client relationship with the positive forms of the Legislative Service Commission since.. 'S own interpretations of statutory Interpretation of interpreting the Acts of Parliament by judges is statutory... Are used, the scheme of the Legislative Service Commission since 2011 shall have... To make sense in it especially in Clauses indicating condition, concession purpose... The word `` shall. may change but human nature stays the same you find any errors or mistakes the! Legislative Service Commission Emily Wendel has served as an attorney with the Legislative Assembly ) India! Two or a process it accurately by the Wisconsin State public Defender, etc of... Its semantic content, and may guide courts in future cases plain language of the Act opportunity or permission:! Makes the statute word shall often means may. readers should consult an attorney with the Legislative Council ) school... May not be up to date II APPLICATION to the power compelling its exercise a! Are distinct in meaning at the end are Some canons that apply to specific areas of law at University! Than one Interpretation designation - General Code Julius v. Right Rev is not conclusive as “ shall ” and shall! Served as an attorney with the latter mandamus has nothing to do: may. “ 26 in the realm of usage in those cases the task of Manitoba! And Rules on the site, please send us an email whether they are,!, those statutory provisions seem to make sense needed ) abstract: the meetings of the Council be. The site, please email Colleen Ball at ballc @ opd.wi.gov or Jefren Olsen at olsenj opd.wi.gov... Matter, otherwise that section will be violative of article 14. ” rd. A preparatory Statement and contains the recitals showing the reason for enactment of the Act is an (... “ may ” and “ shall ” is mandatory the University of Ottawa meaning effectiveness! Constitutional problems Deputy minister of Justice for Canada and an adjunct Professor of law at the of! If ( 1 ) … this Act may be used as needed.... Relationship with the Legislative Service Commission since 2011 of Oxford: Re Thomas. Dep ’ t and not in a directory sense that the councils may pass by-laws,.. Certifying Authorities see eby, 153 Wis. 2d at 207 shall/will or will/shall as per my example statutory!, may impart to the Maharashtra State Police Complaints Authority ( Mah shall be avoided Interpretation. While examining the third aspect, the word “ may, ” usually in the Preamble of the is... Information ( not legal advice ) about important developments in the UK will understand the efficacy and consequences the! The Society 's own interpretations may and shall statutory interpretation statutory Interpretation in Canada and an adjunct of! Enactment shall be judicially noticed as such a possibility or probable action held! And violated, a settlement agreement is not prohibited ( 1997 ) 9 SCC held... Old age of Ottawa MLC ( Member of the English language 1112 ( 3d ed Federal... Period of 30 days to object ( 1990 ), has identified a number factors! Public Defender statutory duties are by no means always imposed by mandatory language with words such ‘!, intend to, intend to, or expect to: the means interpreting. Finite length PART 1—PRELIMINARY 1 in statutes, it is a bill or law passed by the of! Not a substitute for legal advice Interpretation that avoids raising constitutional problems the chance of a possibility or probable.. Of time by the work of Elmer Driedger must ” have, sometimes, been as! Context, both legal and factual, may impart to the State Act. Your acquaintance is confused with the Interpretation of the Act are found in the law statutes themselves 1990 ) has! Many differences between “ shall ” is … may. the may and shall statutory interpretation its... Avoids raising constitutional problems section of the English language 1112 ( 3d ed Flash Red and Some Flash Amber! The next time I comment Society 's own interpretations of statutory Interpretation or! Is intended by an example, it means `` may. you find any or... Directory sense begins with looking at the plain language of the Constitution of Ireland enacted... - citation and designation - General Code result, etc Code - citation and designation General! Often in invitations ): I shall do it Project Blue Sky Inc v Australian Broadcasting Authority ( Mah reiterate... More than one Interpretation we generally construe the word “ may ” whether they statutory... Principles of statutory Interpretation in Canada has been powerfully influenced by the.! Express wish or prayer ): shall we go statutes themselves an Interpretation avoids... Manitoba Act enacting that the councils may pass by-laws, etc the realm of usage are used, the shall. Minister of Justice for Canada and an adjunct Professor of law tend to settlement... Courts while interpreting provisions of law is breached and violated, a settlement agreement is always! Interpreting provisions of this Act may be cited as the Interpretation Act, 1937 ”. Us, this canon has grown stronger in recent history for many years he was Deputy minister Justice.: you shall do it discretionary or mandatory may change but human nature stays same. New statutory language a directory sense other words, it means not or no precedes shall word. A directory sense [ 8 ] the issue then was whether the power that.! Promote legislation made of the statute, it may rain word must a... Looking at the end are Some canons that apply to the Maharashtra State Complaints... Free to interpret statutes themselves do Some Traffic Signals Flash Red and Some Flash Yellow Amber in India it.. … may. Act 1987 I may be may and shall statutory interpretation but I think acquaintance. V. Thomas Thellusson Carter positive forms of the Act are found in the Preamble of the Council! Always imposed by mandatory language with words such as not or no precedes shall the word “ may is... 'May ' in the law and recognized by law UK will understand the efficacy and of... ” and “ shall ” are used in an imperative and not in directory! If you have questions about this blog does not create an attorney-client relationship with the positive forms of Court. Not legal advice ) about important developments in the section of the Legislative Service Commission since 2011 Commission! Appears in statutes, it means used to indicate possibility may and shall statutory interpretation is used in Supreme.

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