Federal Court of Canada

The Federal Court of Canada, which succeeded the Exchequer Court of Canada in 1971, was a national court of Canada that had limited jurisdiction to hear certain types of disputes arising under the federal government's legislative jurisdiction. Originally composed of two divisions, the Appellate Division and the Trial Division, in 2003 the court was split into two separate courts, the Federal Court and the Federal Court of Appeal.

The court used facilities at the Supreme Court of Canada Building as well as Thomas D'Arcy McGee Building and registry office at 90 Elgin Street.

History Constitutional jurisdiction Prior to Confederation, there was no court that had jurisdiction across British North America. The Fathers of Confederation agreed that the provinces would keep their existing court systems, but the new federal government would have the power to create a federal court with jurisdiction across the country. This power was set out in s. 101 of the British North America Act, 1867 (now the Constitution Act, 1867):

101 The Parliament of Canada may, notwithstanding anything in this Act, from Time to Time provide for the Constitution, Maintenance, and Organization of a General Court of Appeal for Canada, and for the Establishment of any additional Courts for the better Administration of the Laws of Canada.Constitution Act, 1867, s 101.

Creation of the Exchequer Court

It took eight years to establish the planned federal court. Prime Minister John A. Macdonald made several attempts between 1869 and 1873 to create a national court under the powers granted to Parliament under s. 101 of the Constitution Act, 1867. These early attempts did not pass Parliament, due to concerns over jurisdiction, particularly because the early proposals would have established a federal Supreme Court exercising both original (trial) jurisdiction and concurrent appellate jurisdiction potentially in conflict with existing courts administered by the provinces.

In 1875, the Liberal government of Prime Minister Alexander Mackenzie passed The Supreme and Exchequer Court Act which established both the Supreme Court of Canada and the Exchequer Court. The Exchequer Court was primarily a court for revenue claims involving the federal government, modelled on the Court of Exchequer in England, both in name and in jurisdiction.

The Exchequer Court did not originally have its own separate judges. Initially, the judges of the Supreme Court were also the judges of the Exchequer Court. It was not until 1887 that the Exchequer Court received its own judge. As time passed, the number of judges was increased and the jurisdiction of the Exchequer Court was expanded. Eventually, in 1971 the federal Parliament created the Federal Court, replacing the Exchequer Court.

Federal Court of Canada

In 1971, the Exchequer Court was continued as a new court, the Federal Court of Canada. The new court consisted of two divisions: the "Federal Court – Trial Division" and the "Federal Court – Appeal Division". The new court inherited the jurisdiction of the Exchequer Court, and gained jurisdiction over judicial review of the decisions of federal boards, commissions and agencies.

Federal Court of Canada split into two courts

On July 2, 2003, the court was split into two separate courts, with the "Trial Division" continued as the Federal Court and the "Appeal Division" continued as the Federal Court of Appeal. That is the current structure for the federal courts.

Organization The court consisted of a first-level trial court, known as the Federal Court of Canada – Trial Division, and an appellate Court, known as the Federal Court of Canada – Appeal Division (also referred to as the Federal Court of Appeal).

The Trial Division had jurisdiction to hear judicial review of decisions of federal boards and tribunals, including most immigration matters, as well as jurisdiction in admiralty, intellectual property, and disputes involving the federal government.

The Appeal Division had jurisdiction to hear appeals of decisions of the Trial Division, as well as to determine applications for judicial review of decisions made by specific boards and tribunals, set out in section 28 of the Federal Court Act. Decisions of the Appeal Division could be appealed to the Supreme Court of Canada, but only if leave (permission) was granted by either court.

The Federal Court Act provided that juries were not to be used, so all matters in the Trial Division were decided by a single judge. Some pre-trial steps such as motions were decided by prothonotaries, a role similar to a master in other courts. The judges and prothonotaries were appointed by the governor in council, namely the governor general of Canada acting on the advice of the federal Cabinet.

Jurisdiction Unlike the general courts set up by each province, matters could not be brought before the Federal Court of Canada unless a law explicitly allowed the proceeding. The docket of the court primarily consisted of judicial reviews of immigration, intellectual property, and federal employment disputes. The court could also deal with incidental aspects of a dispute that fell outside its jurisdiction if the primary dispute was within its jurisdiction.

The court was a national court so trials and hearings occurred throughout Canada. Any orders rendered by the court were enforceable in all the provinces and territories. This contrasts with the provincial superior courts which are organized by each province and require additional steps to enforce decisions in other provinces.

The Federal Court of Canada gained the jurisdiction to hear judicial reviews from federal agencies and tribunals.1970-72 Act, s. 18 With respect to maritime jurisdiction, the Trial Division was declared to have:

Until 1976, there was substantial judicial support for the view that Parliament could give a federal court jurisdiction over any matter (even a matter not regulated by federal statute law), on the basis that "the Laws of Canada" meant not only federal statutes, but provincial ones as well. However, in Quebec North Shore Paper Co. v. Canadian Pacific, the Supreme Court of Canada rejected this position, as:

provincial law is not pro tanto federal law, nor can it be transposed into federal law for the purposes of giving jurisdiction to the Federal Court. judicial jurisdiction of the Federal Court is not co-extensive with legislative jurisdiction of Parliament, as "the Laws of Canada" carries the requirement that there be applicable and existing federal law

Judges Prior judges The judges of this court are listed below.

= former judge of the Exchequer Court of Canada = stepped down from original appointment † = died in office

+Judges of the Federal Court of Canada, June 1, 1971 July 2, 2003NameTrial DivisionAppeal DivisionAssociate Chief JusticeChief JusticeLeft officeTransferred toFederal CourtFederal Court of AppealWilbur R. Jackett June 1, 1971 October 1, 1979 Camilien Noël June 1, 1971 July 4, 1975 Jacques Dumoulin June 1, 1971 December 1, 1972 Arthur L. Thurlow June 1, 1971 December 4, 1975 January 4, 1980 May 5, 1988 Alexander Cattanach June 1, 1971 July 26, 1984 Hugh F. Gibson June 1, 1971 December 14, 1981 Allison Walsh June 1, 1971 June 30, 1986 Roderick Kerr June 1, 1971 September 1, 1975 Louis Pratte June 10, 1971 January 25, 1973 January 1, 1999 Darrel V. Heald June 30, 1971 December 4, 1975 August 27, 1994 Frank U. Collier September 15, 1971 December 31, 1992 John J. Urie April 19, 1973 December 15, 1990 Raymond G. Décary September 13, 1973 January 31, 1984 Patrick M. Mahoney September 13, 1973 July 18, 1983 October 31, 1994 George A. Addy September 17, 1973 September 28, 1990 William F. Ryan April 11, 1974 August 1, 1986 Jean-Eudes DubéApril 9, 1975 November 6, 2001 Gerald Le Dain September 1, 1975 May 28, 1984Elevated to the Supreme Court of Canada Louis Marceau December 23, 1975 July 18, 1983 May 1, 2000 James Alexander Jerome February 18, 1980 March 4, 1998 Paul U.C. Rouleau August 5, 1982 Served until July 25, 2007. James K. Hugessen July 18, 1983 Served until July 26, 2008. Arthur J. Stone July 18, 1983 Served until November 19, 2004.John McNair July 18, 1983 August 31, 1990 Francis C. Muldoon July 18, 1983 September 4, 2001 Barry L. Strayer July 18, 1983 August 30, 1994 Served until May 1, 2004.Barbara Reed November 17, 1983 July 22, 2000 Mark R. MacGuigan June 29, 1984 †January 12, 1998 Pierre Denault June 29, 1984 November 1, 2001 Louis-Marcel Joyal June 29, 1984 December 31, 1998 Bud Cullen July 26, 1984 August 31, 2000 Bertrand Lacombe October 29, 1985 December 7, 1989 Leonard Martin October 29, 1985 October 24, 1991 Max M. TeitelbaumOctober 29, 1985 Served until January 27, 2007. Alice Desjardins June 29, 1987 Served until August 11, 2009.Frank Iacobucci September 2, 1988 January 6, 1991 W. Andrew MacKay September 2, 1988 Served until March 20, 2004. Robert Décary March 14, 1990 July 1, 2001 Allen M. Linden July 5, 1990 October 7, 2009 Julius A. Isaac September 1, 1999 December 24, 1991 Served until July 18, 2003.Gilles Létourneau May 13, 1992 Joseph Robertson May 13, 1992 July 27, 2000 Donna McGillis May 13, 1992 May 15, 2003 Marc Noël June 24, 1992 June 23, 1998 Marshall E. Rothstein June 24, 1992 January 22, 1999 Served until March 9, 2006, before being elevated to the Supreme Court of Canada.Francis J. McDonald April 1, 1993 September 6, 2001 Frederick E. Gibson April 1, 1993 Served until August 30, 2008. William P. McKeown April 1, 1993 September 1, 2002 Marc Nadon June 10, 1993 December 14, 2001 Howard Wetston June 16, 1993 January 11, 1999 John D. Richard June 23, 1998 November 4, 1999 Became Chief Justice of the new Federal Court of Appeal on July 3, 2003, in which post he served until July 30, 2009.J. Edgar Sexton June 23, 1998 Served until October 28, 2011.Pierre Blais June 23, 1998 Served until February 19, 2008, before being elevated to the Federal Court of Appeal. John Maxwell Evans June 26, 1998 December 30, 1999 Karen Sharlow January 21, 1999 November 4, 1999 J.D. Denis Pelletier February 16, 1999 December 14, 2001 Brian D. Malone November 4, 1999 Served until September 27, 2007.Allan Lutfy December 8, 1999 Became Chief Justice of the Federal Court on July 3, 2003, in which post he served until September 30, 2011. Eleanor Dawson December 8, 1999 Served until November 26, 2009, before being elevated to the Federal Court of Appeal. Carolyn Layden-Stevenson January 25, 2002 Served until December 12, 2008. Johanne Gauthier December 11, 2002 Served until October 21, 2011, before being elevated to the Federal Court of Appeal.

See also Court system of Canada Law of Canada

References

Federal Court of Canada

Bron en licentie