Presented by the CBA National Constitutional and Human Rights Law Section 

Overturning Precedent: The Implications of Carter and Bedford on Future Constitutional Cases

In Bedford and Carter, the Supreme Court of Canada (SCC) held that the common law principle of stare decisis is not a straitjacket that condemns the law to stasis, and it cannot require a court to uphold a law that is unconstitutional. 

What makes these two cases extraordinary is not that the SCC overturned its own precedent, but that it outlined circumstances where trial courts may reconsider the settled rulings of higher courts. Namely, (a) where a new legal issue is raised, and (b) where there is a change in the circumstances or evidence that "fundamentally shifts the parameters of the debate." 

This webinar will delve into the legal and evidentiary issues in these rulings and the implications on future cases.

Topics covered in this webinar include:

• Nature of stare decisis and how it applies to Charter litigation
• Litigation strategies, including the timing of the challenge
• How the government responds to cases raising similar arguments
• Evidence gathering and presentation for test case litigation
• Importance and weight of expert evidence

Register today! 
 

Presenters:

Zachary Green, Constitutional Law Branch - Ministry of the Attorney General of Ontario

Cheryl Milne, Director, Asper Centre for Constitutional Rights, Faculty of Law, University of Toronto