This paper provides a brief canvass of the history and rationale for the theory of stare decisis, distinguishes its variants of precedent (horizontal and vertical), and highlights the role precedent played in Canada v Bedford and Carter v Canada, among other recent cases. The author concludes with some observations of the factors which appear to drive courts to overturn previously settled jurisprudence.

This paper was presented at the Constitutional Law Symposium in September 2012.