In what circumstances will a judge be bound by a uniform interpretation of a statute?
Saskatchewan, Canada
The following excerpt is from Saskatchewan Farm Loan Board v. Tomlin, 1940 CanLII 171 (SK CA):
In Morgan v. Crawshay (1871) L.R. 5 H.L. 304, at 320, 40 L.J.M.C. 202, Lord Westbury stated as follows: “If we find a uniform interpretation of a statute upon a question materially affecting property, and perpetually recurring, and which has been adhered to without interruption, it would be impossible for us to introduce the precedent of disregarding that interpretation. Disagreeing with it would thereby be shaking rights and titles which have been founded through so many years upon the conviction that that interpretation is the legal and proper one and is one which will not be departed from.”
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