Oxford Cambridge and RSA
End Term Exam
CRIM 135 – Master Canadian Legal Principles for
Exam Success- Complete Review: Courts,
Constitution & Legal Reasoning
Time allowed:
A+
* J 2 5 7 0 1 *
INSTRUCTIONS
• Write your answer to each question in the space provided. If you need extra space use the
lined pages at the end of this booklet. The question numbers must be clearly shown.
• Answer all the questions.
• Where appropriate, your answer should be supported with working. Marks might be given
for using a correct method, even if your answer is wrong.
ADVICE
• Read each question carefully before you start your answer.
© OCR 2025/26 [EXAM/T/YD]) 6895596/3
Turn over
,applied meaning - ✔✔the meaning of a text in relation to similar facts, or its effects on facts
The Rule in Heydon's Case (The Mischief Rule) - ✔✔-What mischief was the statute trying to prevent? Interpret the
wording accordingly.
mischief - ✔✔a defect or limitation that the law was attempting to control/remedy.
Gorris v Scott - ✔✔-sheep go overboard.
-Act's purpose was to prevent spread of disease, not ensure livestock remained on the ship.
-The failure to cage the sheep did not fall within the "mischief" of the act.
-Early iteration of the 'purposive approach'
Grammatical Principles - ✔✔-Expression of one excludes the other.
-Ambiguous words can be interpreted based on the context in which they appear.
same nature rule - ✔✔where specific words are followed by general words, then the general Words are limited to things
of the same kind (that have appeared prior).
--E.g: Cats, dogs and other animals = other domestic animals. No lions.
"Associated words" rule: - ✔✔A word is know by the company it keeps (subsequent specific words).
-E.g: Sins, such as sloth, gluttony, envy or pride = safe to assume referring to seven deadly sins Mirror images of same
principle.
Purposive v Literal Approaches - ✔✔-Today, most Canadian courts follow a purposeful approach to interpretation.
-With the literal approach, (plain meaning) judges give words their literal meaning.
their job to not to make the law but to apply it.
-With the purposeful approach, judges try to decide what the purpose of the statute was (what was Parliament
attempting to achieve?).
-The courts respect the actual words used but rather than stick rigidly to them, interpret them in the context in which
they appear, and according to the underlying purpose of the statute.
, Internal Aids to Statutory Interpretation - ✔✔-These are things found within the statute which help judges understand
the meaning of the statute more clearly:
-the long and the short Title
-the Preamble:
-Definition sections ( Eg. S.2 of the Criminal Code)
-Schedules
-Procedural component to enact legislation.
-Headings
preamble - ✔✔Preambles often used to establish a statute's general purpose, to determine if it is a declaratory or public
order statute, to ascertain its jurisdiction over persons and its territorial effect. Used to refer to the social mischief - the
social problem it was attempting to remedy.
External Aids to Statutory Interpretation - ✔✔-These are aids found outside of the statute which may help judges
understand the meaning of a statute more clearly.
-Dictionaries (can include looking to French term, too)
-Historical setting (note changes in understanding terms)
-Previous Statutes
-Earlier case law
-Hansard (record of Parliament debates)
-Law Commission Reports
-International Conventions
Return to the "Persons" case - ✔✔-s. 24 (BNA (1867)) The Governor General shall from time to time, summon qualified
persons to the senate; every person so summoned shall become a member of the Senate.
-Were women included in the word, "persons?"
-Decision:
-SCC said, no. "Person" was used on many statutes which did not apply to women. In the political and social context,
women were not considered to be "persons."
-Appeal to the Privy Council. What was Parliament's intention when it used the word, "person?" Found no intention to
specifically exclude women from the word, "person."
Modern "Cardinal Rule" - ✔✔-"The principles are guidelines, to be used as dictated by the specifics of individual cases."
Consider textual meaning, legislative meaning, acceptable consequences, presumptions of intent. Consider the words,
End Term Exam
CRIM 135 – Master Canadian Legal Principles for
Exam Success- Complete Review: Courts,
Constitution & Legal Reasoning
Time allowed:
A+
* J 2 5 7 0 1 *
INSTRUCTIONS
• Write your answer to each question in the space provided. If you need extra space use the
lined pages at the end of this booklet. The question numbers must be clearly shown.
• Answer all the questions.
• Where appropriate, your answer should be supported with working. Marks might be given
for using a correct method, even if your answer is wrong.
ADVICE
• Read each question carefully before you start your answer.
© OCR 2025/26 [EXAM/T/YD]) 6895596/3
Turn over
,applied meaning - ✔✔the meaning of a text in relation to similar facts, or its effects on facts
The Rule in Heydon's Case (The Mischief Rule) - ✔✔-What mischief was the statute trying to prevent? Interpret the
wording accordingly.
mischief - ✔✔a defect or limitation that the law was attempting to control/remedy.
Gorris v Scott - ✔✔-sheep go overboard.
-Act's purpose was to prevent spread of disease, not ensure livestock remained on the ship.
-The failure to cage the sheep did not fall within the "mischief" of the act.
-Early iteration of the 'purposive approach'
Grammatical Principles - ✔✔-Expression of one excludes the other.
-Ambiguous words can be interpreted based on the context in which they appear.
same nature rule - ✔✔where specific words are followed by general words, then the general Words are limited to things
of the same kind (that have appeared prior).
--E.g: Cats, dogs and other animals = other domestic animals. No lions.
"Associated words" rule: - ✔✔A word is know by the company it keeps (subsequent specific words).
-E.g: Sins, such as sloth, gluttony, envy or pride = safe to assume referring to seven deadly sins Mirror images of same
principle.
Purposive v Literal Approaches - ✔✔-Today, most Canadian courts follow a purposeful approach to interpretation.
-With the literal approach, (plain meaning) judges give words their literal meaning.
their job to not to make the law but to apply it.
-With the purposeful approach, judges try to decide what the purpose of the statute was (what was Parliament
attempting to achieve?).
-The courts respect the actual words used but rather than stick rigidly to them, interpret them in the context in which
they appear, and according to the underlying purpose of the statute.
, Internal Aids to Statutory Interpretation - ✔✔-These are things found within the statute which help judges understand
the meaning of the statute more clearly:
-the long and the short Title
-the Preamble:
-Definition sections ( Eg. S.2 of the Criminal Code)
-Schedules
-Procedural component to enact legislation.
-Headings
preamble - ✔✔Preambles often used to establish a statute's general purpose, to determine if it is a declaratory or public
order statute, to ascertain its jurisdiction over persons and its territorial effect. Used to refer to the social mischief - the
social problem it was attempting to remedy.
External Aids to Statutory Interpretation - ✔✔-These are aids found outside of the statute which may help judges
understand the meaning of a statute more clearly.
-Dictionaries (can include looking to French term, too)
-Historical setting (note changes in understanding terms)
-Previous Statutes
-Earlier case law
-Hansard (record of Parliament debates)
-Law Commission Reports
-International Conventions
Return to the "Persons" case - ✔✔-s. 24 (BNA (1867)) The Governor General shall from time to time, summon qualified
persons to the senate; every person so summoned shall become a member of the Senate.
-Were women included in the word, "persons?"
-Decision:
-SCC said, no. "Person" was used on many statutes which did not apply to women. In the political and social context,
women were not considered to be "persons."
-Appeal to the Privy Council. What was Parliament's intention when it used the word, "person?" Found no intention to
specifically exclude women from the word, "person."
Modern "Cardinal Rule" - ✔✔-"The principles are guidelines, to be used as dictated by the specifics of individual cases."
Consider textual meaning, legislative meaning, acceptable consequences, presumptions of intent. Consider the words,
