Where can I find commentary on the retroactivity of statutes?
Last revised June 22, 2022

Discussions of the temporal operations of statutes are available from a number of secondary resources, some of which are listed here.

General Online Resources

(available on the public access computers in Courthouse Library BC branches and also available in print format):



The Canadian Encyclopedic Digest, CED, (available through LawSource) has commentary on the retroactive effect and retrospective effect of statutes. Searching or browsing the CED will lead you to the following folder hierarchy:



CED 

    Statutes 

        IV - Operation of Statutes

            4 - Retroactive Effect and Retrospective Effect

                (a)  Declaratory Enactments

                (b)  Retroactive Statutes and Retrospective Statutes  - General Rule

                (c)  Statutes Relating to Procedure

  

The Canadian Abridgment, CA, (available through LawSource) also has commentary on this topic. If you have already navigated to the relevant CED pages, there will be direct cross-reference links to the CA pages and vice versa, but the CA hierarchy is as follows:



CA

    Subject Title: Statutes

        Classification number: III.1



Halsbury's Laws of Canada, available on Quicklaw, also has commentary on retroactivity and temporal application of legislation which can be found according to the following hierarchy:



HLG - Legislation

    V. - Application of Legislation

        1. - Temporal Application

         



The Irwin Law e-Library offers online access to Statutory Interpretation, 2nd edition, by Ruth Sullivan in Chapter 13 - The Presumed Application of Legislation.

Additional Online Resource for Criminal Practice

Criminal Pleadings and Practice in Canada by Ewaschuk is available online through the Criminal Spectrum database and the browsing hierarchy to the relevant section is as follows:



Criminal Spectrum

    Commentary

        Criminal Pleadings and Practice in Canada (Ewaschuk)

            Various Specific Matters

                Chapter 33 - Statutory Interpretation

                    33.4180 - Retroactivity, Retrospectivity and Prospectivity

Print Resources

The following is a list of some of the print resources available through Courthouse Libraries BC are:



The Construction of Statutes, 2nd edition, by Driedger

The Interpretation of Legislation in Canada, 3rd edition, by Cote

Statutory Interpretation, 2nd edition, by Sullivan

Sullivan on the Construction of Statutes, 5th edition by Sullivan

Additional Print Resources for Criminal Practice

Criminal Pleadings and Practice in Canada, 2nd edition, by Ewaschuk

Criminal Practice Manual: a Practical Guide to Handling Criminal Cases, by Bentley