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Principle of stare decisis

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Principle of stare decisis

Stare decisis is the principle of following judicial precedence. It is the Latin term for let the decision stand. This principle is adopted to promote the evenness, predictability and consistency of legal principles and is aimed at fostering reliance on decisions made so as to create fairness.

The case of City of Survey pursuant to the Canadian Transportation Act portrays how cases can be adjudged and decision affect the parties involve. It also portrays the application of stare decisis in future cases. It involves three parties; BC Hydro, SRY and the applicant- City of Survey. BC Hydro argues that the construction of the storm water sewer and storm water diversion do not constitute utility crossing. It further claims that the applicants are not entitled to a good portion of the mapped land. SRY is a railway company and challenges the jurisdiction of the agency. The City of Survey, the applicant, is authorized by the Agency to construct the without any expenses or terms and conditions with respect to the undertakings of the utility crossing.

Stare decisis

Some of the future implications of the decision of this case are as follows:

  1. British Columbia Hydro and Power Authority

Section 32 (1) of the Hydro and Power Act acknowledges the supremacy of the British Columbia Hydro and Power Authority. It states that “Despite any specific provision in any Act to the contrary, except as otherwise provided under this Act, the authority is not bound by any statute or statutory provision of British Columbia.” Section 32 (7) lists the Acts and provisions that apply to the authority.

However, this decision creates a contradictory precedent whereby the Canada Transportation Act is relied upon to determine a case against the BC Hydro. This is despite the Act not being listed in Section 32 (7) of the Hydro and Power Act. This sets a precedence that disregards the supremacy of the Hydro and Power Act and its aim.

Stare decisis