Elmer Driedger

Elmer A. Driedger, QC, BA, LL.B, LL.D (1913–1985) was a Canadian lawyer and a leading authority on statutory interpretation. He worked for the Canadian Department of Justice for over a quarter century, rising to Deputy Minister and later became a professor of law at the University of Ottawa.[1]

Early life

Elmer A. Driedger was born in Osler, Saskatchewan, 14 January 1913[2] to a Mennonite family and grew up speaking German as well as English. He attended elementary school in Osler and high school in Rosthern.

Education

Career

Professional Involvement

Current influence

His principle of statutory interpretation is the Supreme Court of Canada's preferred approach.[6] The principle, which was originally laid out in his 1974 book, The Construction of Statutes, was quoted verbatim in the court's decision in Rizzo & Rizzo Shoes Ltd.:

“ Today there is only one principle or approach, namely, the words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliament.[7] ”

The Construction of Statutes became an influential text in Canadian legal circles. A second edition was published in 1983. Following Driedger's death, Ruth Sullivan, a law professor at the University of Ottawa, substantially revised Driedger's text in the third edition published in 1994. A fourth edition was published in 2002, and a fifth edition in 2008.[8] Sullivan has become so closely associated with the updated edition of the book that it has since been retitled, Sullivan on the Construction of Statutes.

Family

Driedger was married to Elsie Driedger.[5] and had two sons, Alan and Thomas Norman (Tom)

Awards

He was a recipient of an honorary doctorate from the University of Ottawa in 1963.[1]

Books and Articles

References

  1. 1 2 Office of the President. "Honorary Doctorates". Retrieved 2008-11-26.
  2. ↑ The Law Society of Saskatchewan records his birth year as 1914, but this contradicts his CV at Library and Archives Canada as well as the recollections of his wife, Elsie, in a 1991. Further, given his entry date into university in 1929 and there is no reference to what would have been the exceptional admittance of a 15-year-old, the year of 1914 is more plausible. However, his passport, obviously verified by the government, lists his birth year as 1913 so regardless of what seems more plausible, his birth year WAS 1913
  3. ↑ Richard W. Pound, Chief Justice W.R. Jackett: by the law of the land (Osgoode Society for Canadian Legal History, 1999), p. 56.
  4. ↑ Richard W. Pound, Chief Justice W.R. Jackett: by the law of the land (Osgoode Society for Canadian Legal History, 1999), pp. 56-57.
  5. 1 2 "Comments In Memoriam: Elmer A. Driedger". Statute Law Review. 6 (1): 170. 1985. doi:10.1093/slr/6.1.170.
  6. ↑ Stephane Beaulac; Pierre-André Côté (2007-05-18). "Driedger's Modern Principle at the Supreme Court of Canada: Interpretation, Justification, Legitimization". Retrieved 2008-11-26.
  7. ↑ Originally in Elmer Driedger, The Construction of Statutes (Toronto: Butterworths, 1974, p. 67. Cited in Rizzo & Rizzo Shoes Ltd. (Re), [1998] 1 S.C.R. 27 .
  8. ↑ For details on the changes made with each edition, see the forewords to each edition, which are all reproduced at the front of the fifth edition.
  9. ↑ Simon Fodden (2007-03-07). "What is the Supreme Court Reading?". Retrieved 2008-11-26.
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