The Circumstances of Change: Understanding the Bedford/Carter Exceptions to Vertical Stare Decisis
Bibliographic record
Abstract
In 2013, the Supreme Court of Canada held that, in some cases, trial courts do not have to follow precedents from higher courts (the “Bedford/Carter exceptions”). However, lacking clear rules for when these exceptions apply, trial courts have been understandably reluctant to use this power. This article proposes that the Bedford/Carter exceptions should apply in three circumstances: where the legal test has changed, where assumptions necessary to the holding no longer apply, and where the precedent conflicts with non-binding law. It comes to this conclusion through two analytical paths. First, it identifies the theoretical justifications for vertical stare decisis and shows that they are weaker in these circumstances. Second, it shows that courts have in fact applied the exceptions in those circumstances.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.007 | 0.024 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.000 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.008 | 0.036 |
| Scholarly communication | 0.011 | 0.011 |
| Open science | 0.001 | 0.008 |
| Research integrity | 0.005 | 0.009 |
| Insufficient payload (model declined to judge) | 0.003 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".