Friday, May 31, 2013

Statement of legal principle accepted by majority of SCC binding even if application not accepted by majority of Court

R. v. Ibanescu 2013 SCC 31 holds:

In our view, a statement of a legal principle that is accepted by a majority of the Court constitutes the opinion of the Court with respect to that legal principle. This is so even if some of the members of the Court who endorse that legal principle dissent from the majority's disposition of the appeal.


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