Persuasiveness of Judgments from Other Courts

Last revised March 19, 2019

Under the doctrine of stare decisis, a decision of a higher court is binding on a lower court in the same jurisdiction. The decision of a court from another jurisdiction acts only as persuasive authority, to varying degrees.

For a discussion and charts illustrating the degree of persuasiveness of different jurisdictions and levels of court, see Chapter 11, The Doctrines of Precedent and Stare Decisis, from The Canadian Legal System, 5th ed.