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CA Intermediate · Corporate and Other Laws · Interpretation of Statutes

A municipal by-law states: 'No person shall bring any vehicle into the Rose Park.' Meena pushes a baby stroller into the park, and the municipality prosecutes her, arguing that a stroller is a 'vehicle'. Which rule of interpretation would most appropriately be used to decide that the by-law was meant for motorised or similar traffic and not for strollers?

The purposive approach is correct. The by-law's object is to keep the park safe and quiet, so 'vehicle' is read to mean traffic that threatens that object, and a baby stroller falls outside it. Giving the widest dictionary meaning would defeat the purpose and be absurd.

  1. APurposive construction, looking at the object of the by-law to keep the park safe and quietCorrect
  2. BLiteral rule, giving 'vehicle' every possible meaning in the dictionary
  3. CRule that penal statutes must always be extended to cover similar cases
  4. DRule that a proviso can enlarge the main enactment

Explanation

The by-law aims at the safety and quiet of the park, so the word 'vehicle' is read in light of that object, which excludes a baby stroller. Applying the literal dictionary meaning would produce an absurd result. Penal provisions are construed strictly, not extended by analogy, and a proviso only qualifies the main section.

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