Employment Law Quiz: Canada Legislation Process
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Questions and Answers

What was the primary purpose of the Ensuring Safety and Cutting Red Tape Act (2020)?

  • To address unsafe work refusals related to COVID-19 (correct)
  • To increase the number of refusals of unsafe work
  • To create new employment laws unrelated to safety
  • To eliminate all forms of employment legislation

How many readings must a bill pass in the legislature to become a provincial statute in BC or Alberta?

  • Three (correct)
  • Four
  • One
  • Two

Who typically introduces public bills concerning employment law?

  • The Governor General
  • A private citizen
  • Any elected MLA
  • The minister of labour (correct)

What must occur after the first reading of a bill?

<p>A debate on the principles of the bill takes place. (C)</p> Signup and view all the answers

Which type of bill is introduced for specific individual cases and is typically more rare?

<p>Private bill (D)</p> Signup and view all the answers

What is required for a bill to become a federal statute?

<p>Pass three readings in the House of Commons and the Senate (A)</p> Signup and view all the answers

What type of bills are usually not introduced by a Cabinet minister?

<p>Private bills (A)</p> Signup and view all the answers

What was the ruling in Toronto Electric Commissioners v Snider regarding federal employment law authority?

<p>Federal employment law authority is restricted to industries of national importance. (A)</p> Signup and view all the answers

What is the first step in the legislative process of making a statute?

<p>First reading of the bill (D)</p> Signup and view all the answers

Which of the following industries falls under federally regulated employment laws?

<p>Railways (C)</p> Signup and view all the answers

What role does a company's location play in determining its regulation?

<p>Location has no effect; regulation depends on the nature of the business. (A)</p> Signup and view all the answers

Which of the following statements is true regarding credit unions?

<p>Credit unions do not meet the definition of a 'bank' and are provincially regulated. (B)</p> Signup and view all the answers

What rights does the Canada Pension Plan provide to qualifying employees?

<p>Pension benefits upon retirement and permanent disability. (A)</p> Signup and view all the answers

How does the Canadian Charter of Rights and Freedoms impact employment law?

<p>It guarantees rights that can influence workplace legislation. (D)</p> Signup and view all the answers

In terms of employment law, what do federally and provincially regulated companies have in common?

<p>Certain federal laws are applicable to both regulated types. (D)</p> Signup and view all the answers

Which employment benefit is provided by the Employment Insurance Act?

<p>Income replacement during periods of unemployment. (B)</p> Signup and view all the answers

What does the 'R' in the citation 'R v Tschetter' signify?

<p>Regina or Rex (A)</p> Signup and view all the answers

Which part is not included in a neutral citation?

<p>Case reporter (A)</p> Signup and view all the answers

What is the meaning of 'SCC' in the example 'Starson v Swayze, 2003 SCC 32'?

<p>Supreme Court of Canada (B)</p> Signup and view all the answers

In the citation '080092455P10101-012', what does the alphanumeric sequence signify?

<p>A docket reference (D)</p> Signup and view all the answers

What does the principle of stare decisis require from lower courts?

<p>To follow precedents from higher courts in the same jurisdiction (C)</p> Signup and view all the answers

How often does the numbering sequence for decisions restart?

<p>Annually on January 1 (D)</p> Signup and view all the answers

How does the authority of recent decisions compare to older decisions under common law?

<p>Recent decisions have more authority than older ones (A)</p> Signup and view all the answers

Which of the following statements is true regarding the federal and provincial governments?

<p>They publish statutes and regulations. (C)</p> Signup and view all the answers

What type of case does the citation format 'R v [Name]' typically refer to?

<p>Criminal cases (B)</p> Signup and view all the answers

What does it mean for a decision to be considered persuasive?

<p>It originates from a lower court or different jurisdiction and is not obligatory (B)</p> Signup and view all the answers

Under what circumstance can a lower court choose not to follow a higher court's decision?

<p>If the facts or elements in the earlier case are distinguishable (A)</p> Signup and view all the answers

What is typically the first element in a neutral citation?

<p>Case name (C)</p> Signup and view all the answers

Which of the following best describes the phrase 'to stand by things decided'?

<p>The doctrine of stare decisis (C)</p> Signup and view all the answers

What role does jurisdiction play in the application of stare decisis?

<p>Only higher court decisions in the same jurisdiction are binding (B)</p> Signup and view all the answers

Which aspect does NOT influence the weight given to previous cases in the common law?

<p>The popularity of the decision among legal scholars (C)</p> Signup and view all the answers

What is required for a court to be considered to follow a precedent?

<p>The previous case must involve similar legal principles (A)</p> Signup and view all the answers

Under what circumstances will a decision be considered unreasonable?

<p>If it is outside the range of possible, acceptable outcomes (C)</p> Signup and view all the answers

What standard of review is applied when a case involves a question of law outside the tribunal’s expertise?

<p>Correctness standard (A)</p> Signup and view all the answers

Which bodies are recognized for their experience and expertise in making administrative decisions?

<p>Administrative agencies (A)</p> Signup and view all the answers

What is a primary role of administrative agencies according to the content?

<p>To investigate complaints and issue orders (A)</p> Signup and view all the answers

What would not be a reason for overturning a tribunal decision under the reasonableness standard?

<p>The decision follows legislative guidelines (A)</p> Signup and view all the answers

Which of the following is an agency that plays a role in educating about workplace issues?

<p>Employment Standards Branch in BC (C)</p> Signup and view all the answers

What is a tort in the context of employment law?

<p>A wrong for which there is a legal remedy (C)</p> Signup and view all the answers

In which situation is the administrative tribunal subject to a lower level of scrutiny?

<p>When the tribunal’s decision is fully justified and reasoned (D)</p> Signup and view all the answers

Which of the following accurately describes the standard of review known as 'correctness'?

<p>It allows for a substitution of opinion if the reviewer disagrees (D)</p> Signup and view all the answers

Which of the following is NOT one of the requirements to establish the tort of negligence?

<p>The plaintiff voluntarily agreed to the risks involved (D)</p> Signup and view all the answers

In what situation might an employer commit an intentional tort?

<p>Deliberately giving false reference for a former employee (D)</p> Signup and view all the answers

What type of damages are typically awarded in a successful tort action?

<p>Damages to recover losses caused by the defendant's conduct (A)</p> Signup and view all the answers

Which of the following best defines 'duty of care' in tort law?

<p>A legal obligation to avoid causing harm (D)</p> Signup and view all the answers

What does causal link refer to in the context of proving negligence?

<p>The relationship between a breach of duty and resulting harm (B)</p> Signup and view all the answers

What might constitute foreseeable harm in a negligence claim?

<p>Harm that is expected as a direct result of the defendant's actions (A)</p> Signup and view all the answers

Which of the following scenarios best illustrates negligence?

<p>An employer fails to educate employees about safety procedures leading to an injury (B)</p> Signup and view all the answers

The federal government has authority over 50 percent of employees in Canada.

<p>False (B)</p> Signup and view all the answers

The BC Employment Standards Act outlines employee rights related to minimum wages and vacation.

<p>True (A)</p> Signup and view all the answers

Municipalities in Canada have full jurisdiction to regulate employment-related matters.

<p>False (B)</p> Signup and view all the answers

The Alberta Employment Standards Code is aimed at promoting equity and preventing discrimination.

<p>False (B)</p> Signup and view all the answers

Collective bargaining rights for employees are addressed in the BC Labour Relations Code.

<p>True (A)</p> Signup and view all the answers

Judges have unlimited authority to make decisions within their jurisdiction.

<p>False (B)</p> Signup and view all the answers

The Canada Labour Code is applicable to all employees in Canada, regardless of industry.

<p>False (B)</p> Signup and view all the answers

The Judicial Committee of the Privy Council ruled in 1925 that the federal government's legislative authority was boundless.

<p>False (B)</p> Signup and view all the answers

The Alberta Human Rights Act applies to the entire country of Canada.

<p>False (B)</p> Signup and view all the answers

The BC Human Rights Tribunal can hear cases involving violations that occur in Alberta.

<p>False (B)</p> Signup and view all the answers

The BC Human Rights Code is designed to remedy discrimination based on specified prohibited grounds.

<p>True (A)</p> Signup and view all the answers

Judges' interpretations of legislation can create precedents that influence future cases.

<p>True (A)</p> Signup and view all the answers

Jurisdiction may be a preliminary issue debated by legal counsel before the main case.

<p>True (A)</p> Signup and view all the answers

The Alberta Human Rights Commission can decide on cases related to occupational health and safety issues.

<p>False (B)</p> Signup and view all the answers

An employee injured at work may seek remedies under only one statute.

<p>False (B)</p> Signup and view all the answers

Tribunal members have the same level of authority as Supreme Court judges in all cases.

<p>False (B)</p> Signup and view all the answers

Individual employees can gain access to an administrative agency without any monetary cost.

<p>True (A)</p> Signup and view all the answers

The Employment Standards Tribunal is not a part of the internal appeal procedure in British Columbia.

<p>False (B)</p> Signup and view all the answers

A judge will always rely on previous legislation when making legal decisions.

<p>False (B)</p> Signup and view all the answers

The mischief rule is used to examine the problem that a statute aims to address.

<p>True (A)</p> Signup and view all the answers

Legal research is primarily conducted through expensive case reporters.

<p>False (B)</p> Signup and view all the answers

1254582 Alberta Ltd v Miscellaneous Employees Teamsters Local Union 987 of Alberta dealt with the classification of taxi drivers as independent contractors.

<p>False (B)</p> Signup and view all the answers

Employees must pay a fee to file a complaint with an administrative agency.

<p>False (B)</p> Signup and view all the answers

Encyclopedic digests, textbooks, and blogs can provide discussions of case law.

<p>True (A)</p> Signup and view all the answers

Under the Alberta Labour Relations Code, passenger fares can be classified as wages.

<p>True (A)</p> Signup and view all the answers

Judges and tribunal members have created a single rule for interpreting all types of legislation.

<p>False (B)</p> Signup and view all the answers

A clear precedent must always exist for judges to make decisions on legal matters.

<p>False (B)</p> Signup and view all the answers

The Miscellaneous Employees Teamsters Local Union's certification application was successful in gaining support from taxi drivers.

<p>False (B)</p> Signup and view all the answers

Judicial review can occur after decisions made by the Alberta Labour Relations Board.

<p>True (A)</p> Signup and view all the answers

The Supreme Court of Canada can uphold violations of Charter rights if they fall within the provisions of section 1 of the Charter.

<p>True (A)</p> Signup and view all the answers

The burden of proof for justifying an infringement of Charter rights lies with the individuals affected by the law.

<p>False (B)</p> Signup and view all the answers

A law that limits a Charter right must achieve its objective with minimal impairment to be justified.

<p>True (A)</p> Signup and view all the answers

Under the Oakes test, the objective of a law must be trivial for it to be justified.

<p>False (B)</p> Signup and view all the answers

The rights and freedoms guaranteed by the Charter are considered unlimited.

<p>False (B)</p> Signup and view all the answers

The benefits of limiting a Charter right must outweigh its harmful effects for the limitation to be reasonable.

<p>True (A)</p> Signup and view all the answers

Proportionality in the context of limiting Charter rights involves rationally connecting the means to the objective.

<p>True (A)</p> Signup and view all the answers

Only laws that do not impair Charter rights at all are considered constitutional.

<p>False (B)</p> Signup and view all the answers

The Canadian Charter of Rights and Freedoms applies only to government actions.

<p>True (A)</p> Signup and view all the answers

Common law is derived solely from written statutes.

<p>False (B)</p> Signup and view all the answers

Judicial review allows higher courts to assess decisions made by lower courts or tribunals.

<p>True (A)</p> Signup and view all the answers

Binding precedent means lower courts must follow decisions made by higher courts.

<p>True (A)</p> Signup and view all the answers

The concept of 'just cause' in employment law refers to the legal standards for terminating an employee without notice.

<p>True (A)</p> Signup and view all the answers

Implied terms in a contract are written explicitly in the contract document.

<p>False (B)</p> Signup and view all the answers

A privative clause limits the appeal rights regarding decisions made by administrative tribunals.

<p>True (A)</p> Signup and view all the answers

The burden of proof in civil law cases is typically higher than in criminal law cases.

<p>False (B)</p> Signup and view all the answers

Flashcards

Bill

A piece of legislation proposed to be enacted into law. It is typically introduced to the legislature by a Cabinet minister responsible for its subject matter.

Private Members Bill

A bill that is introduced by a member of the legislative assembly (MLA) who is not a cabinet minister.

Public Bill

A bill introduced by a cabinet minister responsible for a specific topic. It can propose changes to existing laws or introduce new legislation.

First Reading

The first step in the legislative process where a bill is formally presented and read in the legislative assembly.

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Second Reading

The stage where the principles and general ideas of a bill are debated in the legislative assembly.

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Legislative Committee

A group of MLAs that scrutinizes a bill after it has passed second reading, considering its details and potential amendments.

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Amending a Bill

The process by which a bill is revised or altered to improve its clarity, effectiveness, or address concerns raised during the legislative process.

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Passing a Bill

The final stage of the legislative process where a bill is formally approved by the legislative assembly, typically through a vote.

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Toronto Electric Commissioners v Snider

A court case that established the provinces' authority over employment law, limiting federal jurisdiction to industries of national importance.

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Federal Jurisdiction in Employment Law

Federal jurisdiction over employment law is limited to industries of national importance, such as national transportation and communication.

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Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms was adopted in 1982 and guarantees fundamental rights and freedoms that can affect employment situations, especially when government actions or legislation are involved.

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Charter and Employment Law

The Charter protects certain rights that can be applied in the workplace, though it doesn't explicitly address employment law.

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Canada Pension Plan (CPP)

A law that provides pension benefits to qualifying employees upon retirement and disability.

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Employment Insurance Act

This law provides income replacement to qualifying employees during temporary unemployment.

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Principle of Similarity

A rule or principle that ensures consistency and fairness in decision-making, especially concerning employment regulations.

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Federal vs. Provincial Incorporation and Regulation

Provincially incorporated businesses are regulated by the provinces, while federally incorporated businesses are regulated by the federal government. However, this doesn't determine which set of laws apply to their employees.

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Tort

A civil wrong that results in harm, injury, or loss causing a legal remedy.

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Intentional Tort

A type of tort where the action is intentional and meant to cause harm.

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Negligence Tort

A type of tort where the action is careless and results in harm.

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Duty of Care

The legal responsibility of one person to another to act with reasonable care.

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Breach of Duty of Care

The failure to meet the expected standard of care, causing harm to another.

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Causation

The connection between the defendant's conduct and the plaintiff's harm.

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Damages

The foreseeable damage or losses experienced by the plaintiff.

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Civil Law

A branch of law that deals with private disputes and wrongdoings. It covers areas like property, family, and torts.

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Stare decisis

A principle in common law that requires lower courts to follow decisions made by higher courts in the same jurisdiction, as long as the cases are similar.

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Binding precedent

A decision from a higher court that binds lower courts in the same jurisdiction when the cases involve comparable circumstances and principles.

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Persuasive precedent

A decision from another jurisdiction or a lower court that is influential, but not mandatory, for a judge to consider.

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Distinguishable case

When a lower court decides not to follow a past decision from a higher court in the same jurisdiction because the facts are significantly different from the current case being decided.

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Precedent

When a judge decides future cases based on previous decisions, similar circumstances are essential for a principle to hold strong.

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How common law works

The common law system uses previous decisions to guide future ones. It involves considering rulings and facts from similar cases to guide current rulings.

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Weight of precedent: time

Recent decisions are considered more relevant than older ones, reflecting changes in society and legal views.

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Weight of precedent: court hierarchy

Decisions from higher courts are more authoritative than lower courts as they establish broader legal principles.

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Unreasonable Standard of Review

A review standard where a court will overturn a tribunal decision only if it falls outside a range of possible, acceptable outcomes justifiable by the facts and law. It acknowledges the expertise of specialized administrative bodies.

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Correctness Standard of Review

A review standard used in cases involving a question of law outside the tribunal's expertise, where the court substitutes its own opinion if it disagrees with the tribunal's decision.

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Administrative Agencies

Lower tribunals in the administrative hierarchy that investigate complaints, issue rulings, and sometimes orders, playing a significant role in education and policy guidance.

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Tribunals (in the context of Administrative Law)

Groups or bodies empowered to handle complaints, issue rulings, and sometimes even make orders. They often play a key role in educating stakeholders about relevant legislation and policies.

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Employment Standards Agencies

Bodies or organizations that provide education and guidance on employment and workplace issues, often playing a key role in administering relevant legislation.

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Neutral Citation Format

A legal citation format used in Canadian law, including the case name, year of decision, court identifier, and a case number.

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Neutral Citation

A unique identifier given to legal decisions, allowing for easy referencing without relying on specific case reporters.

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Docket Reference

A reference number assigned to a case in the court registry, used to track and identify it.

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Case Reporter

A collection of published legal decisions, often organized by subject or court.

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King's Printer

Government bodies that publish laws and regulations, making them accessible to the public.

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Statute

A publication that contains the full text of laws passed by the federal and provincial governments.

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Regulations

A set of rules and guidelines created by a government body to implement and enforce the law.

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Jurisdiction

The authority of a judge or tribunal to hear and decide specific issues.

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Interpretation

The process of interpreting laws by judges or tribunal members, which can set precedents influencing future interpretations.

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Jurisdictional Debate

A preliminary legal question about whether a judge or tribunal has the authority to hear a case.

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Employment Standards Legislation

A law passed by a provincial or federal government that sets out minimum rights and standards for employees.

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Human Rights Legislation

Laws that aim to prevent and address discrimination and harassment in the workplace based on various grounds.

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Labour Relations Legislation

Laws that deal with the right of employees to form unions and engage in collective bargaining.

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Mischief Rule

A judicial approach to interpreting legislation by analyzing the problem or mischief a statute is trying to fix, then applying the corrective rationale to the current issue.

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1254582 Alberta Ltd v Miscellaneous Employees Teamsters

In 1254582 Alberta Ltd v Miscellaneous Employees Teamsters Local Union 987 of Alberta, the court used the mischief rule to determine if airport taxi drivers were employees for the purposes of the Alberta Labour Relations Code, analyzing the purpose of the code regarding employee classification.

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Employee Classification in 1254582 Alberta Ltd

In 1254582 Alberta Ltd v Miscellaneous Employees Teamsters Local Union 987 of Alberta, the court had to determine whether taxi drivers should be classified as employees, including examining if their passenger fares were considered wages.

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Looking At Precedents

The process of examining existing legal precedents, especially past court decisions related to similar legislation and fact situations, before making a new decision.

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Legal Precedents

Legal decisions from past cases that provide guidance for similar situations. These decisions can have different levels of weight depending on the court hierarchy and the time of the decision.

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Common Law

A system of law based on judicial precedent, where past court decisions are used as guidelines for future cases.

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CanLII

A website providing access to Canadian legal resources, including court decisions, legislation, and legal information.

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Judicial Review

The process of reviewing a decision made by an administrative agency or tribunal by a higher court. The level of scrutiny applied depends on the standard of review.

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Correctness standard

A standard of review used in judicial review when the court is assessing a tribunal's decision on a question of law, where the court can substitute its own opinion if it disagrees.

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Reasonable Limits Clause

The Canadian Charter of Rights and Freedoms guarantees individual rights, but these rights are not absolute. They can be limited if the limitations are "reasonable" and "demonstrably justified in a free and democratic society."

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Oakes Test

This test determines if a law infringing on Charter rights is a reasonable limit. The law must have a "pressing and substantial" government objective, and the means chosen to achieve that objective must be proportional (rationally connected, minimally impairing the right, and benefits outweighing the harm).

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Burden of Proof

The government bears the responsibility to prove that a limitation on a Charter right is justified. It needs to demonstrate that the law meets the requirements of the Oakes test.

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Minimal Impairment

Part of the Oakes test, this principle requires that laws limiting Charter rights should infringe as little as possible on those rights.

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Benefits Outweighing Harm

The third element of the Oakes test, this principle weighs the benefits of the government achieving its objective against the negative impact of limiting the Charter right. If the harm outweighs the benefits, the limitation is not justified.

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R v Oakes

The Oakes Test, established in the Supreme Court of Canada's decision in R v Oakes, is a framework used to determine when a limitation on a Charter right can be justified under the 'reasonable limits' provision in section 1 of the Charter.

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Section 1 of the Charter

This is the section of the Charter that states that the rights guaranteed by the Charter are subject to reasonable limits that can be demonstrably justified in a free and democratic society.

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Section 15 of the Charter

This section of the Charter guarantees equality rights, including the right to equal protection and benefit of the law without discrimination.

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Case on Point

It is a type of legal argument where lawyers try to convince the court that their case is similar to a specific past case with a favorable ruling.

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Reasoning by Analogy

This is a legal principle where courts examine legal issues in a specific case and consider past decisions to reach a conclusion.

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Study Notes

  • This textbook chapter provides an overview of employment law concepts, statutes, how law evolves, and the role of judges and tribunals in interpretation and enforcement.
  • Workers in Alberta and British Columbia are protected by different laws depending on location, type of work, and employment status (e.g., employee, contractor, unionized, non-unionized).
  • Certain industries' employers are subject to federal, not provincial, legislation.
  • Chapter 2 details judge-made employment law (common law), comparing employment vs contractor status and the legal implications of this distinction. It reviews the differences between employees and independent contractors and the legal implications of that distinction.
  • It focuses on non-union workplaces but emphasizes significant differences for unionized employment.
  • Chapter 3 examines labour relations codes, addressing unionization, collective bargaining, strikes, and employer-union disputes in both provinces.
  • Chapter 4 details the Canada Labour Code, protecting employees in federally-regulated industries (e.g., transportation, telecommunications, banking). It covers union and non-union workplaces, occupational health and safety, and minimum employment standards.

Overview of Employment Law

  • Three main sources: statute law, constitutional law (specifically the Charter), and common law.
  • Employment law changes are driven by societal shifts, including demographics, values, technology, and global events (e.g., COVID-19, Indigenous rights).
  • Provincial and federal jurisdictions are separately defined.
  • Canadian Charter of Rights and Freedoms effects provincial and federal laws.
  • Federal laws affect certain types of industries, such as transportation, telecommunications, and banking.
  • Key employment-related statutes in British Columbia and Alberta must be understood.

Introduction

  • Chapter 1 provides an overview of the legislative and judicial framework for employment law.
  • Statute law (legislation), constitutional law (the Charter), and common law (judge-made law) are the three main sources.
  • The understanding of who makes, interprets, and enforces employment laws is essential for workplace application.

Statute Law

  • Statutes, also called legislation, codes, or acts, are laws passed by federal and provincial governments.
  • They are created to provide employees with protections or rights, including minimum standards and conditions (e.g., minimum wage, vacation time).
  • Examples of statutes include the Alberta Human Rights Act and the BC Human Rights Code.
  • Statutes are typically passed because of social or business concerns, such as anti-discrimination, minimum wages, or health and safety regulations.

Statute Law: Legislative Process

  • A bill, or a written proposal for a law, must pass three readings in an elected legislative body to become a statute.
  • Public bills are typically introduced by the relevant cabinet minister.
  • Private bills concern non-public interests.
  • Private members' bills are proposed by private members of the legislature and do not often become law.
  • The bill becomes a statute once the government signs it.
  • The law is relevant to applicable jurisdictions.

Statutory Jurisdiction and Interpretation

  • Judges in courts and tribunals must base their legal judgements in the applicable jurisdiction.
  • Statutes are open to interpretation.
  • The mischief rule provides a way to view and interpret the intent of a law, focusing on the problem the statute was designed to address and the relevant historical context.
  • Internal and external aids are used for interpreting statutes.

Court Uses Mischief Rule

  • Courts use the mischief rule to interpret statutes, considering the problem intended to be addressed and historical context.

Constitutional Law: Charter of Rights and Freedoms

  • Guaranteed rights and freedoms to Canadians (e.g., freedom of religion, expression, equality, mobility).
  • The Charter affects employment, applying to government action, indirectly impacting private sector employers when laws are in violation.
  • Employment law must be in accord with Charter principles.
  • Courts can strike down laws if they violate Charter provisions.
  • Section 15 of the Charter addresses equality rights focusing on applying similar laws to diverse groups.
  • Section 33, the Notwithstanding Clause, allows some laws to be enacted without violating constitutional rights, but this is uncommon.

Statutory Jurisdiction and Interpretation (continued)

  • Courts' and tribunal members' interpretations of legislation can set precedents.
  • Judges follow precedent when dealing with similar legal issues, but may not apply precedence if circumstances are sufficiently different.
  • When there is no clear precedent, courts use interpretation rules (e.g., "mischief rule").
  • Courts may read in specific interpretations.

Common Law

  • Common law is judge-made law, supplementing statutes where gaps exist, filling in details not explicitly covered by statutes.
  • It evolves from court decisions addressing specific cases and similar factual situations.
  • Case law and the principle of stare decisis (following prior decisions) are key elements in common law.
  • Courts use precedent to ensure consistency of law applications, but may also reinterpret precedent if circumstances are sufficiently different to justify a new interpretation.

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