The
Federal Court of Canada is a defunct national court of Canada set up to resolve some types of disputes arising under the central government's legislative jurisdiction. It consisted of two divisions, a Trial Division and an Appeal Division (more commonly known as the Federal Court of Appeal). The Court existed from 1971 to 2003 when it was split into two separate Courts, the
Federal CourtThe Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction...
and the
Federal Court of AppealThe Federal Court of Appeal is a Canadian appellate court that hears cases concerning federal matters arising from certain federal Acts. The court was created on July 2, 2003 by the Courts Administration Service Act when it and the Federal Court were split from its predecessor, the Federal Court of...
.
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 (more commonly 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
admiraltyThe Admiralty was formerly the authority in the United Kingdom responsible for the command of the Royal Navy. Originally exercised by a single person, the office of Lord High Admiral was from the 18th century onward almost invariably put "in commission", and was exercised by a Board of Admiralty.In...
,
intellectual propertyIntellectual property is a number of distinct types of legal monopolies over creations of the mind, both artistic and commercial, and the corresponding fields of law...
, 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.
The
Federal Court of Canada is a defunct national court of Canada set up to resolve some types of disputes arising under the central government's legislative jurisdiction. It consisted of two divisions, a Trial Division and an Appeal Division (more commonly known as the Federal Court of Appeal). The Court existed from 1971 to 2003 when it was split into two separate Courts, the
Federal CourtThe Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction...
and the
Federal Court of AppealThe Federal Court of Appeal is a Canadian appellate court that hears cases concerning federal matters arising from certain federal Acts. The court was created on July 2, 2003 by the Courts Administration Service Act when it and the Federal Court were split from its predecessor, the Federal Court of...
.
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 (more commonly 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
admiraltyThe Admiralty was formerly the authority in the United Kingdom responsible for the command of the Royal Navy. Originally exercised by a single person, the office of Lord High Admiral was from the 18th century onward almost invariably put "in commission", and was exercised by a Board of Admiralty.In...
,
intellectual propertyIntellectual property is a number of distinct types of legal monopolies over creations of the mind, both artistic and commercial, and the corresponding fields of law...
, 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 CanadaThe Supreme Court of Canada is the highest court of Canada and is the final court of appeal in the Canadian justice system...
, but only if leave (permission) was granted by either court.
The court did not use
juriesA jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment...
so all matters were decided by
judgeA judge, or arbiter of justice, is a lead official who presides over a court of law, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is like an umpire in a game and...
alone: a single judge in the
Trial Division and a panel of three judges at the appeal level. Some pre-trial steps such as
motionsA legal motion is a procedural device in law to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that...
were decided by
prothonotariesThe word prothonotary is recorded in English since 1447, as "principal clerk of a court," from L.L. prothonotarius , from Greek protonotarios "first scribe," originally the chief of the college of recorders of the court of the Byzantine Empire, from Greek protos "first" + Latin notarius ; the -h-...
, a role similar to a master in other courts. The judges and prothonotaries were appointed by the
CabinetThe Cabinet of Canada is a body of ministers of the Crown that, within the tenets of the Westminster system, forms, along with the Canadian monarch, the government of Canada...
of the federal government.
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 reviewJudicial review is the doctrine in democratic theory under which legislative and executive action is subject to invalidation by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority, such as the terms of a...
s of
immigrationImmigration is the arrival of new individuals into a habitat or population. It is a biological concept and is important in population ecology, differentiated from emigration and migration.-As a political term:...
,
intellectual propertyIntellectual property is a number of distinct types of legal monopolies over creations of the mind, both artistic and commercial, and the corresponding fields of law...
, 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.
History
The federal government has the power to establish a court system under section 101 of the
Constitution Act, 1867The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions...
which allows the government to create "any additional Courts for the better Administration of the Laws of Canada." In 1875, the government established the Exchequer Court. This court, modelled on the court of the same name at the
United KingdomThe United Kingdom of Great Britain and Northern Ireland is a sovereign state located off the northwestern coast of continental Europe. It is an island country, spanning an archipelago including Great Britain, the northeastern part of Ireland, and many small islands...
, primarily had jurisdiction over tax issues. Over time this court's jurisdiction was extended to other matters of federal jurisdiction.
In 1971, the
Federal Court of Canada was established, inheriting much of the jurisdiction of the Exchequer Court. The Federal Court of Canada gained the jurisdiction to hear judicial reviews from federal agencies and tribunals. The Federal Court of Canada had two divisions, the
Federal Court – Trial Division and
Federal Court – Appeal Division.
On July 2, 2003 the court was again restructured. The Court was split into two separate Courts, with the
Trial Division continued as the
Federal CourtThe Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction...
and the
Appeal Division continued as the
Federal Court of AppealThe Federal Court of Appeal is a Canadian appellate court that hears cases concerning federal matters arising from certain federal Acts. The court was created on July 2, 2003 by the Courts Administration Service Act when it and the Federal Court were split from its predecessor, the Federal Court of...
.
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). This was 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 (1976),
[1977] 2 S.C.R 1054, the Supreme Court of Canada rejected this notion. The Supreme Court held that the Federal Court of Canada had no jurisdiction over matters assigned to the provinces' legislative jurisdiction.
External links