Open AccessStare Decisis or Selective Judicial Reasoning? Precedent Application Analysis of Quebec (Attorney General) v. Lacombe
Author(s) -
Samuel Mosonyi
Publication year - 1969
Publication title -
federalism-e journal
Language(s) - English
Resource type - Journals
ISSN - 2562-3435
DOI - 10.24908/fede.v14i1.13610
Subject(s) - federalism , supreme court , viewpoints , law , political science , relation (database) , politics , computer science , art , database , visual arts
The division of powers has remained a contentious issue in Canada since Confederation. Judicial precedents set in federalism cases can be inconsistently applied. This paper will serve as a case study which will examine one such example that arose in the 2010 Supreme Court case Quebec (Attorney General) v. Lacombe.1 We will begin by highlighting the legal dispute that occurred in this case and its relation to federalism. In essence, there is a conflict between a federal law relating to the construction of aerodromes (landing areas for aircraft) within a specific area, and a municipal by-law, which prohibits it. After discussing the conflict, we will then highlight the numerous viewpoints and doctrines relating to federalism which arise in Lacombe and rely on two lower court decisions to show how they are inconsistently applied [...]