HomeTag Archives: precedent

Tag Archives: precedent

Food for Thought on Stare Decisis: SCOTUS’s Decision in Ramos v Louisiana

Last week’s decision of the Supreme Court of the United States in Ramos v Louisiana (“Ramos”) made headlines for ruling that the guarantee of trial by jury in the Sixth Amendment to the United States Constitution guaranteed the right to unanimous jury verdicts, even at the state level. The ruling invalidated Louisiana and Oregon laws that permitted convictions to be ...

Read More »

R. v. Stillman: A Missed Opportunity for Guidance on Stare Decisis

On July 26, 2019, in R. v. Stillman, 2019 SCC 40,the Supreme Court of Canada held by a 5-2 majority that a member of the Canadian Forces does not have the right to trial by jury for a “civilian” criminal offence for which they are charged under the National Defence Act (the “NDA”). Section 130(1)(a) of the NDA converts any ...

Read More »

The Original Meaning of Military Law

Advocates for the Rule of Law returned to the Supreme Court of Canada last month in the Stillman and Beaudry appeals to make important submissions on the topic of stare decisis. I attended with my co-counsel, Adam Goldenberg and Peter Grbac. Mr. Goldenberg’s oral submissions were stellar and the panel kept him up for an additional few minutes to ask him ...

Read More »

Military Justice and Stare Decisis: ARL Returns to the SCC

For the third time in little more than a year, the Supreme Court of Canada has granted Advocates for the Rule of Law leave to intervene to assist the Court in addressing a significant public law issue. This time, ARL will make submissions on when intermediate appellate courts may depart from their own binding precedents. This question of horizontal stare ...

Read More »