A Trial Judge in Manitoba Has Heard a Case Dealing

question 56

Multiple Choice

A trial judge in Manitoba has heard a case dealing with a particular issue. Which of the following statements is TRUE according to the doctrine of precedent?

• A) If there are no precedents, the judge is not entitled to decide the case, and therefore must refer the matter to the legislature because of the doctrine of parliamentary supremacy.
• B) If there are conflicting precedents from the Court of Appeal of Ontario and the Court of Appeal of Saskatchewan, the judge must follow the former, because it comes from a jurisdiction with a larger population.
• C) If there are no binding precedents, the judge may consider cases from anywhere in the world.
• D) If there are conflicting precedents from the Court of Appeal of Ontario and a trial court in the Bahamas, the judge must follow the former, because it is Canadian.
• E) If there are no other precedents, the judge is required to follow a decision of the Alberta Court of Appeal.

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