Before going on to decline to follow an obiter dictum in a previous case, Sharlow J.A. stated (at p. 6449):
"In my view, the obligation of the Court in this case is to consider whether or not the interpretation suggested by the obiter in Kettle River is correct, and to confirm it only if it is correct. Neither the passage of time since Kettle River was decided, nor the inaction of Parliament in the interim, relieves the Court of that obligation or requires the adoption of obiter that is found not to be correct."