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Tag Archives: ratio decidendi

Craig and Prokofiew — A Tale of Two Cases: The SCC Considers the Precedential Effect of its Obiter Dicta

Posted in Case Comments, Constitutional, Criminal

As discussed in a previous post, the Supreme Court of Canada, in Canada v. Craig, overruled one of its own precedents, on the basis that there were compelling reasons indicating that the precedent’s interpretation of a provision of the Income Tax Act was incorrect. This interpretation was part of the precedent’s ratio decidendi and not obiter. At the same time, the Supreme Court in Craig held that the lower courts were bound by this interpretation and were not at liberty to depart from it.

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