NCA Criminal Law Practice Questions - NCA Canadian Criminal Law Examination Exam

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Parliament enacts a new offence whose wording is genuinely ambiguous, capable of two reasonable meanings. A court must choose between a broader reading that captures the accused's conduct and a narrower reading that does not. Which interpretive principle applies?

Where genuine ambiguity remains after purposive interpretation, the residual presumption favours the interpretation more favourable to the accused (strict construction) The court must always adopt the reading most favourable to the Crown The court must defer entirely to the prosecutor's interpretation Penal statutes are interpreted exactly like commercial contracts, against the drafter

Correct Answer:

Where genuine ambiguity remains after purposive interpretation, the residual presumption favours the interpretation more favourable to the accused (strict construction)

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