View cases - Stewart McKelvey

3. A prior decision that creates uncertainty contrary to the underlying values ofclarity and certainty that lie behind stare decisis;4. A prior decision that operates against the accused by expanding the scope ofcriminal liability beyond its normal limits.2011 SCC 20 (CanLII)These factors were subsequently adopted by the majority in Chaulk as a non-exhaustive list ofconsiderations relevant to deciding whether to overrule an earlier precedent: p. 1353.[135] More recently, in Henry, Binnie J. identified the following reasons for overturning anearlier precedent, at paras. 45-46:1. The prior decision departed from the purpose of a Charter provision asarticulated in an earlier precedent;2. Experience shows that the prior decision is unworkable as its application isunnecessarily complex and technical;3. The prior decision is contrary to sound principle;4. The prior decision results in unfairness.