Federal Court of Canada
Encyclopedia
The Federal Court of Canada was a national court of Canada
that heard some types of disputes arising under the central government's legislative jurisdiction. The Court — which is now defunct — consisted of two divisions, a Trial Division and an Appeal Division (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 Court
and the Federal Court of Appeal
.
The 2003 change in structure was largely "technical" in that it did not change the powers of the court, or any of the judges or the way they are appointed, but just split the court into two separate courts. The Federal Court of Canada's enabling legislation, the Federal Court Act, was renamed the Federal Courts Act.
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 court did not use juries
so all matters were decided by judge
alone: a single judge in the Trial Division and a panel of three judges at the appeal level. 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 Cabinet
of the federal government.
s 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.
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 of Canada. This court, modelled on the court of the same name at the United Kingdom
, 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 Court
and the Appeal Division continued as the Federal Court of Appeal
.
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.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
that heard some types of disputes arising under the central government's legislative jurisdiction. The Court — which is now defunct — consisted of two divisions, a Trial Division and an Appeal Division (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 Court
Federal Court (Canada)
The 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 Appeal
Federal Court of Appeal (Canada)
The 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 2003 change in structure was largely "technical" in that it did not change the powers of the court, or any of the judges or the way they are appointed, but just split the court into two separate courts. The Federal Court of Canada's enabling legislation, the Federal Court Act, was renamed the Federal Courts Act.
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 admiralty
Admiralty
The Admiralty was formerly the authority in the Kingdom of England, and later in the United Kingdom, responsible for the command of the Royal Navy...
, intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—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 Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
, but only if leave (permission) was granted by either court.
The court did not use juries
Jury
A 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. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
so all matters were decided by judge
Judge
A judge is a person who presides over court proceedings, 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 supposed to conduct the trial impartially and in an open...
alone: a single judge in the Trial Division and a panel of three judges at the appeal level. Some pre-trial steps such as motions
Motion (legal)
In law, a motion is a procedural device 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 right is...
were decided by prothonotaries
Prothonotary
The 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 Cabinet
Cabinet of Canada
The Cabinet of Canada is a body of ministers of the Crown that, along with the Canadian monarch, and within the tenets of the Westminster system, forms 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
Judicial review is the doctrine under which legislative and executive actions are subject to review 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...
s of immigration
Immigration
Immigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...
, intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—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, 1867Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
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 of Canada. This court, modelled on the court of the same name at the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, 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 Court
Federal Court (Canada)
The 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 Appeal
Federal Court of Appeal (Canada)
The 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),
External links
- Official web site as of October 2002 (via the Internet Archive Wayback Machine)
- Courts Administration Service Act, S.C. 2002, c. 8 (restructuring the Court, effective July 2, 2003) (as originally enacted)