Penal statutes and their interpretation

The traditional view that penal statutes are to be strictly construed has slowly been eroded.  It is fair to say that the principle is now not so much law as recognition that where jail is possible, there should be an inclination where there is ambiguity to the less penal interpretation.  Friday's Court of Appeal decision in

R. v. Sansalone, 2010 ONCA 281  (http://tinyurl.com/y3ceq6y) is consistent with this view:

            [22]         In my view, the question on this appeal turns on an exercise of statutory interpretation.   

[23]         The traditional rule for interpreting penal statutes requires strict construction, wherein any ambiguity is resolved in favour of the defendant.  However, as Cory J. noted at para. 30 of R v. Hasselwander, [1993] 2 S.C.R. 398, "even with penal statutes, the real intention of the legislature must be sought, and the meaning compatible with its goals applied."