The Alberta Court of Appeal wrote a judicial decision defining a Vespa gas-powered scooter as a motor vehicle pursuant to the Highway Traffic Act. According to the principle of stare decisis, which of the following courts would have to apply this decision in determining whether Vespa scooters required a licence plate?

Question

Quizplus · Accepted Answer

The principle of stare decisis requires lower courts within the same jurisdiction to follow the decisions of higher courts. Since the Alberta Court of Appeal is a higher court within Alberta, the Alberta Provincial Court, being a lower court in the same jurisdiction, would be required to apply this decision. Courts in other provinces or at the federal level, like the Supreme Court of Canada, are not bound by decisions from a provincial court of appeal.

The Alberta Court of Appeal Wrote a Judicial Decision Defining