Modern Statutory Interpretation Framework, Principles and Practice

[34.1] This chapter addresses the extent to which the courts are prepared to read legislation as if the statutory text is modified in order to address an apparent drafting error. This is known as ‘remedial construction’. The doctrine of the separation of powers and the notion of legislative intent are central to remedial constructions. Drafting deficiencies can be viewed on a spectrum. At one end of the spectrum are obvious and simple printing or grammatical errors, which courts will readily read as corrected. Further along the spectrum are less straightforward instances of drafting errors where determining the line between interpretation and legislation may involve the application of particular guiding factors. In these instances courts may be willing to read legislation as if it contained additional words, substituted words or omitted words.