As we have said, our conclusion about the meaning of the word ‘likely’ in s 11(1) is arrived at by the application of ordinary principles of statutory interpretation, in particular the common law rule favouring that interpretation which least encroaches on individual freedom. That choice of meanings having been resolved, the interpretive task does not attract the operation of s 32(1) of the Charter, which provides: So far as it is possible to do so consistently with their purpose, all statutory provisions must be interpreted in a way that is compatible with human rights.
The Charter has missed out on yet another day in the sun. They dodged it! They dodged it!!!!! We are the ACT….
Well, almost. Justice Nettle, god bless him, actually applied the Charter to reach the same conclusion that the majority reached. We have one third of an authorative judgment. Good one. Though I will presumably change my mind once I read it.
For those who care, RJE is free of his ESO, while ARM remains subject to his. However, as a bonus, ARM got a suppression order and we got a passing mention of the Charter. And Tate’s argument about the meaning of ‘likely’ was firmly trounced.
Obviously, I’ll have more to say eventually…