“Consistent Expression” — In statutory interpretation, the principle that the same word in different parts of the statute necessarily expresses the same idea. (“expressio unius est exclusio alterius“)
This maxim is examined in a recent Ontario Court of Appeal case, R. v. Summers, 2013 ONCA 147 (CanLII), regarding sentencing. Justice Cronk found:
Like all interpretive presumptions, this rule may be displaced, or attract reduced weight, depending on the circumstances.
Related Case Law:
R. v. Quality Carriers Inc., 2009 ONCA 523 (CanLII) — “Critical Defects of Commercial Motor Vehicles” regulation does not contravene the rule favouring consistent expression
Agraira v. Canada (Public Safety and Emergency Preparedness),  2 SCR 559, 2013 SCC 36 (CanLII) — When different terms are used in a single piece of legislation, they must be understood to have different meanings
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