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Deference and the Rule of Lenity

In a recent American case, Carter v. Welles-Bowen Realty, Inc, the question arose whether the rule that ambiguous penal statutes are to be construed in favour of defendants (the “rule of lenity”) could ‘trump’ the rule that courts are to defer to administrative interpretations of ambiguous statutes (Chevron deference).At issue was a regulatory provision preventing […] Read more

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Chevron Deference in Canada?

The comments of Evans J.A. in Qin v. Canada (Citizenship and Immigration), 2013 FCA 263 are obiter, strictly speaking, but they are comments by Evans J.A. and will carry a great deal of weight.There are two important aspects to Evans J.A.’s formulation of the rules for judicial review of administrative interpretations of law. First, where […] Read more