I was about 25 years old when I sat in my Ontario Highway Traffic Act class as a police recruit.
It was administered by a seasoned, very articulate, and well-put-together police instructor.
Shall/ May, what’s the difference? He asked.
As it turns out, there is quite a difference between those words, especially in law. The word “May” infers choice, discretion, and the ability to choose. “May” allows for creative solutions to problems.
“Shall”, on the other hand, infers rigidity - zero discretion. It is something you MUST do and comes with its partner in crime, “consequences” for failing to do that thing.
Throughout my policing career, I continued to hear my instructor’s voice echo in my mind when confronted with situations worthy of careful examination of existing case law - “words mean things”. “May” and “Shall” were words that came up repeatedly for my colleagues and me in my time as a police officer.
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