Wikipedia

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.

Federal Court of Canada
Cour fédérale du Canada
closed heavy wooden doors with brass fittings; above the doors are engraved brass plaques reading "Federal Court of Canada" and "Cour fédérale du Canada"
Entrance to Federal Courtroom in the Supreme Court of Canada building
EstablishedJune 1, 1971; 55 years ago (June 1, 1971)
DissolvedJuly 2, 2003; 22 years ago (2003-07-02)
JurisdictionCanada
LocationSat across Canada
Composition methodAppointed by Governor General on advice of federal Cabinet
Authorized by
Appeals to
Appeals from
  • 1. Trial Division heard applications for judicial review of federal boards, agencies
  • 2. Appellate Division heard appeals from Trial Division and Tax Court of Canada
  • 3. Appellate Division heard applications for judicial review from decisions of major federal agencies
Judge term lengthMandatory retirement at age 75
Number of positions
  • Chief Justice of the Federal Court
  • Associate Chief Justice of the Federal Court
  • Judges
LanguageEnglish and French
Type of tribunalCourt of law, equity, admiralty and judicial review
WebsiteOfficial web site as of October 2002

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

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Constitutional jurisdiction

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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.[1]

Creation of the Exchequer Court

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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.[2] 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.[2]

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.[2][3] 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.[4]

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

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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.[5]

Federal Court of Canada split into two courts

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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.[6] That is the current structure for the federal courts.

Organization

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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

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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.[7] With respect to maritime jurisdiction, the Trial Division was declared to have:

concurrent original jurisdiction ... in all cases in which a claim for relief is made or a remedy is sought under or by virtue of Canadian maritime law or any other law of Canada relating to any matter coming within the class of subject of navigation and shipping except to the extent that jurisdiction has been otherwise specially assigned.[8]

Until 1976, there was substantial judicial support[9][10] 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,[11] 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

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Prior judges

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The judges of this court are listed below.[12]

  = 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, 2003
Name Trial Division Appeal Division Associate Chief Justice Chief Justice Left office Transferred to
Federal Court Federal Court of Appeal
Wilbur R. JackettJune 1, 1971October 1, 1979
Camilien NoëlJune 1, 1971July 4, 1975
Jacques DumoulinJune 1, 1971December 1, 1972
Arthur L. ThurlowJune 1, 1971December 4, 1975January 4, 1980May 5, 1988
Alexander CattanachJune 1, 1971July 26, 1984
Hugh F. GibsonJune 1, 1971December 14, 1981
Allison WalshJune 1, 1971June 30, 1986
Roderick KerrJune 1, 1971September 1, 1975
Louis PratteJune 10, 1971January 25, 1973January 1, 1999
Darrel V. HealdJune 30, 1971December 4, 1975August 27, 1994
Frank U. CollierSeptember 15, 1971December 31, 1992
John J. UrieApril 19, 1973December 15, 1990
Raymond G. DécarySeptember 13, 1973January 31, 1984
Patrick M. MahoneySeptember 13, 1973July 18, 1983October 31, 1994
George A. AddySeptember 17, 1973September 28, 1990
William F. RyanApril 11, 1974August 1, 1986
Jean-Eudes DubéApril 9, 1975November 6, 2001
Gerald Le DainSeptember 1, 1975May 28, 1984[13]
Louis MarceauDecember 23, 1975July 18, 1983May 1, 2000
James Alexander JeromeFebruary 18, 1980March 4, 1998
Paul U.C. RouleauAugust 5, 1982✓[14]
James K. HugessenJuly 18, 1983✓[15]
Arthur J. StoneJuly 18, 1983✓[16]
John McNairJuly 18, 1983August 31, 1990
Francis C. MuldoonJuly 18, 1983September 4, 2001
Barry L. StrayerJuly 18, 1983August 30, 1994✓[17]
Barbara ReedNovember 17, 1983July 22, 2000
Mark R. MacGuiganJune 29, 1984†January 12, 1998
Pierre DenaultJune 29, 1984November 1, 2001
Louis-Marcel JoyalJune 29, 1984December 31, 1998
Bud CullenJuly 26, 1984August 31, 2000
Bertrand LacombeOctober 29, 1985December 7, 1989
Leonard MartinOctober 29, 1985October 24, 1991
Max M. TeitelbaumOctober 29, 1985✓[18]
Alice DesjardinsJune 29, 1987✓[19]
Frank IacobucciSeptember 2, 1988January 6, 1991[13]
W. Andrew MacKaySeptember 2, 1988✓[20]
Robert DécaryMarch 14, 1990July 1, 2001
Allen M. LindenJuly 5, 1990October 7, 2009
Julius A. IsaacSeptember 1, 1999December 24, 1991✓[21]
Gilles LétourneauMay 13, 1992✓
Joseph RobertsonMay 13, 1992July 27, 2000
Donna McGillisMay 13, 1992May 15, 2003
Marc NoëlJune 24, 1992June 23, 1998✓
Marshall E. RothsteinJune 24, 1992January 22, 1999✓[22]
Francis J. McDonaldApril 1, 1993September 6, 2001
Frederick E. GibsonApril 1, 1993✓[23]
William P. McKeownApril 1, 1993September 1, 2002
Marc NadonJune 10, 1993December 14, 2001✓
Howard WetstonJune 16, 1993January 11, 1999
John D. RichardJune 23, 1998November 4, 1999✓[24]
J. Edgar SextonJune 23, 1998✓[25]
Pierre BlaisJune 23, 1998✓[26]
John Maxwell EvansJune 26, 1998December 30, 1999✓
Karen SharlowJanuary 21, 1999November 4, 1999✓
J.D. Denis PelletierFebruary 16, 1999December 14, 2001✓
Brian D. MaloneNovember 4, 1999✓[27]
Allan LutfyDecember 8, 1999✓[28]
Eleanor DawsonDecember 8, 1999✓[29]
Carolyn Layden-StevensonJanuary 25, 2002✓[30]
Johanne GauthierDecember 11, 2002✓[31]

See also

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References

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  1. ↑ Constitution Act, 1867, s 101.
  2. 1 2 3 Ian Bushnell (1997). The Federal Court of Canada: A History, 1875-1992. Toronto: University of Toronto Press. ISBN 0-8020-4207-4. Retrieved January 6, 2013.
  3. ↑ The Supreme and Exchequer Court Act, S.C. 1875, c. 11
  4. ↑ Frank Iacobucci (1990). "The Federal Court of Canada: Some Comments on its Origin, Traditions and Evolution". Advocates Quarterly. 11: 318. – via HeinOnline (subscription required)
  5. ↑ Federal Court Act, S.C. 1970-72, c. 1
  6. ↑ Courts Administration Service Act, S.C. 2002, c. 8, s. 13-58
  7. ↑ 1970-72 Act, s. 18
  8. ↑ 1970-72 Act, s. 22(1)
  9. ↑ Stephen A. Scott (1982). "Canadian Federal Courts and the Constitutional Limits of Their Jurisdiction" (PDF). McGill Law Journal. 27 (2). McGill Law School: 137–195. Archived from the original (PDF) on January 26, 2019. Retrieved January 25, 2019.
  10. ↑ Consolidated Distilleries, Limited, and another v The King [1933] UKPC 34, [1933] AC 508 (10 April 1933), P.C. (on appeal from Canada)
  11. ↑ Quebec North Shore Paper v. C.P. Ltd., 1976 CanLII 10, [1977] 2 SCR 1054 (29 June 1976)
  12. ↑ "Former Judges and Prothonotaries". Federal Court (Canada). Archived from the original on February 9, 2012. Retrieved February 1, 2012.
  13. 1 2 Elevated to the Supreme Court of Canada
  14. ↑ Served until July 25, 2007.
  15. ↑ Served until July 26, 2008.
  16. ↑ Served until November 19, 2004.
  17. ↑ Served until May 1, 2004.
  18. ↑ Served until January 27, 2007.
  19. ↑ Served until August 11, 2009.
  20. ↑ Served until March 20, 2004.
  21. ↑ Served until July 18, 2003.
  22. ↑ Served until March 9, 2006, before being elevated to the Supreme Court of Canada.
  23. ↑ Served until August 30, 2008.
  24. ↑ Became Chief Justice of the new Federal Court of Appeal on July 3, 2003, in which post he served until July 30, 2009.
  25. ↑ Served until October 28, 2011.
  26. ↑ Served until February 19, 2008, before being elevated to the Federal Court of Appeal.
  27. ↑ Served until September 27, 2007.
  28. ↑ Became Chief Justice of the Federal Court on July 3, 2003, in which post he served until September 30, 2011.
  29. ↑ Served until November 26, 2009, before being elevated to the Federal Court of Appeal.
  30. ↑ Served until December 12, 2008.
  31. ↑ Served until October 21, 2011, before being elevated to the Federal Court of Appeal.

Further reading

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Historic procedure of the Court

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