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Stare Decisis - International Cases and Authorities. Democracy Watch v. Canada (Prime Minister)
In Democracy Watch v. Canada (Prime Minister) (Fed CA, 2023) the Federal Court of Appeal considered an appeal of a denied judicial review challenging the date of the last federal election, advanced by a well-known public interest group.
In this quote, the court considers whether a UK case [R (Miller) v. The Prime Minister, [2019] UKSC 41] operated to create stare decisis in a Canadian court:[35] On the other hand, what was binding on the Federal Court by the virtue of the stare decisis principle was this Court’s decision in Conacher [SS: (Fed CA, 2010)] since it is, as we have seen, directly on point (R. v. Comeau, 2018 SCC 15, [2018] 1 S.C.R. 342 at para. 26). Even if Miller were persuasive, it would not be binding on a Canadian court (Quebec (Attorney General) v. 9147-0732 Québec inc., 2020 SCC 32). [SS: I found paras 19-47 of the Quebec (AG) case most relevant]
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