In R.v.Clough,the BC Court of Appeal stated that
A) the Provincial Court Judge could not refuse to follow the decision of a senior court on the basis that the case had been wrongly decided.
B) the doctrine of stare decisis no longer applies.
C) the decision of a senior court must always be followed, regardless of the specific facts of the case.
D) decisions of the Supreme Court of Canada ought only be applied in federal cases.
E) Provincial Court Judges have no authority to impose sentences in matters involving criminal offences such as drug trafficking.

Question

Quizplus · Accepted Answer

The BC Court of Appeal stated that a Provincial Court Judge could not refuse to follow the decision of a senior court on the basis that the case had been wrongly decided. This means that lower courts are bound to follow the decisions of higher courts even if they do not agree with them. This is an important aspect of the doctrine of stare decisis, which is the principle that courts should follow their own past decisions and the decisions of higher courts in similar cases, in order to promote consistency and predictability in the law.

In R.v.Clough,the BC Court of Appeal Stated That