POLC32H3 Lecture Notes - Lecture 5: Open Court Principle, Judicial Independence, Indep
Document Summary
Lecture 5: may 31st of the case) and 2) the reasoning (rational) Outcome - in any given case, there will a legal ques/issue that needs to be resolved w/o expectation. A yes or no question (is s. 11 of rights and freedoms being violated in the way. Unanimous judgment when all judges agree on two things 1) the outcome of the case (disposition. Reasons reason through several factual scenarios. When all judges agree on what should happen and why it should happen unanimous. Concurrence judges agree on outcome but for different reasons. Dissent disagreement on both outcome and reasons agree with but additional reasons and further support for given importance. 5 side considered binding authority and considered constitutional. Prov court of appeal seeing 5-4 more likely to go against that judgment. The more dissent you have the less binding it is. More likely to happen in cases with 3 or more legal questions reasons are more important.
