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Estoppel - Obiter Dicta

. Canada (Public Safety and Emergency Preparedness) v. Gaytan

In Canada (Public Safety and Emergency Preparedness) v. Gaytan (Fed CA, 2021) the Federal Court of Appeal comments on obiter dicta:
[60] In an oft-quoted passage from R. v. Henry, 2005 SCC 76, [2005] 3 S.C.R. 609 (Henry), the Supreme Court of Canada stated that the weight of obiter "“decreases as one moves from the dispositive ratio decidendi to a wider circle of analysis which is obviously intended for guidance and which should be accepted as authoritative”" and that beyond the wider circle of analysis there will be non-binding "“commentary, examples or exposition that are intended to be helpful and may be found to be persuasive”" (Henry at para. 57). In other words, obiter dicta move along a continuum (R. v. Prokofiew, 2010 ONCA 423, 100 O.R. (3d) 401 at para. 20, aff’d without reference to this point, 2012 SCC 49, [2012] 2 S.C.R. 639).


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