Asked by Joseph Stewart on Apr 29, 2024
Verified
Helga was charged in 2003 with the theft of confidential information in Vancouver. The only case at the time that was relevant was one in which the Ontario Court of Appeal said that the defendant, in a situation identical to Helga's, was guilty of theft.
a. Discuss how the theory of precedent applies here
b. If the defendant in the Ontario case appealed and, in the summer of 2004, before Helga's case had come to trial, the Supreme Court of Canada reversed the Ontario Court of Appeal's decision, would this change your answer to the previous question? Why or why not?
Theory of Precedent
The doctrine that principles of law established in earlier judicial decisions should be accepted as authoritative guides in subsequent similar cases.
Supreme Court
The highest judicial body in a country or jurisdiction, serving as a final court of appeal and determining the constitutionality of laws.
Theft
The act of unlawfully taking someone else's property with the intent to permanently deprive the owner of it.
- Comprehend the function and usage of Common Law alongside the principle of precedent in judicial decision-making.
- Acquire knowledge on the genesis and progression of modern commercial law tracing back to the ancient Law Merchant.
Verified Answer
ZK
Zybrea KnightMay 05, 2024
Final Answer :
a. Where the facts are the same, a judge must apply previous decisions of similar cases, provided the decisions are from his own court, a court of equal rank, or a higher court within the same province, or from the Supreme Court of Canada.
Here, the only case is from a higher court but of a different province so, while it is highly persuasive, it is not a precedent that must be followed.
b. Now that there is a Supreme Court of Canada case, it is precedent throughout Canada. Therefore it must be followed in Helga's case.
Here, the only case is from a higher court but of a different province so, while it is highly persuasive, it is not a precedent that must be followed.
b. Now that there is a Supreme Court of Canada case, it is precedent throughout Canada. Therefore it must be followed in Helga's case.
Learning Objectives
- Comprehend the function and usage of Common Law alongside the principle of precedent in judicial decision-making.
- Acquire knowledge on the genesis and progression of modern commercial law tracing back to the ancient Law Merchant.