Canada v. Craig, 2012 SCC 43, [2012] 2 SCR 489 -- summary under Stare Decisis

After noting (at para. 25) that, before overruling a previous decision of the Court, "the Court must be satisfied based on compelling reasons that the precedent was wrongly decided," Rothstein J went on to find that this test was satisfied in the case of the previous decision of the Supreme Court in Moldowan, so that such decision should not be followed. He had previously noted that the Federal Court of Appeal in Gunn had also not followed Moldowan notwithstanding that Moldowan was "a precedent binding on the Federal Court of Appeal" (para. 18), and in this case what the Federal Court of Appeal ought to have done, rather than following its own decision in Gunn and not following Moldowan, was to merely state written reasons as to why Moldowan was problematic (para. 21).