The Greek philosopher Heraclitus is quoted as saying the only thing that is constant is change.” As lawyers, we often resist the tides of changes, by resting on the comfort of status quo and the notion that stare decisis is written in stone.
The Court in Carter v. Canada (Attorney General) recognized that the doctrine of precedent is fundamental to our legal system, as it provides some certainty, but stated at para 44,
However, stare decisis is not a straitjacket that condemns the law to stasis.
Changing societal contexts and shifts in our understanding of the law have allowed the . . . [more]