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The Federal Court of Appeal and the Federal Court

50 Years of History

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The Federal Court of Appeal and Federal Court are unique among Canada’s courts because they are itinerant — they hear cases in all parts of Canada — as well as being bilingual and bijural. This book was prepared for the celebration of the fiftieth anniversary of the Federal Courts in 2021. Seventy-eight current and retired judges and prothonotaries on the two courts were interviewed and are referred to throughout the book.

The authors present a brief history of these courts and their predecessor — the Exchequer Court of Canada — and an overview of the courts’ jurisdiction, decision-making trends, and unique attributes. There are chapters on each of the courts’ specialties — administrative law, immigration and refugee law, intellectual property, security and intelligence, Indigenous issues, the environment, admiralty, labour and human rights, and tax. Chief Justice Noël and Chief Justice Crampton each contribute a chapter.

Contributors

Martine Valois

Martine Valois is an associate professor and a graduate of the Université de Montréal’s Faculty of Law (LLB 1986 and LLD 2010) and of Harvard University (LLM 1991). She has been a member of the Bar of Quebec since 1988. She received the Lawyer Emeritus distinction from the Bar in 2017. Professor Valois’s academic interests include research on judicial independence, adjudicative independence, commissions of inquiry, public procurement law, anticorruption law, alternative resolution of conflicts in the public sphere, governance, refugee and immigration law, fundamental rights, and social systems theory.

Ian Greene

Ian Greene is professor emeritus of public policy and administration at York University, where he began teaching in 1985. Prior to that, he worked in the Alberta public service. He was the founding director of York University’s Master’s program in Public Policy, Administration and Law. He was educated at the University of Alberta and the University of Toronto, where he wrote a PhD dissertation about unnecessary delays in the court system. His research interests include judicial decision-making, the Charter of Rights and Freedoms, and public sector ethics.

Craig Forcese

Craig Forcese is a full professor at the Faculty of Law (Common Law Section), University of Ottawa. He is also an Adjunct Research Professor & Senior Fellow, Norman Paterson School of International Affairs, Carleton University. Craig Forcese has a BA from McGill University; an MA from the Norman Paterson School of International Affairs, Carleton University; a JD (summa cum laude) from uOttawa; and an LLM from Yale University. He is a member in good standing of the bars of Ontario, New York, and the District of Columbia.

Peter McCormick

Peter McCormick is professor emeritus of Political Science at the University of Lethbridge, where he taught for forty years. He has a BA from the University of Alberta (1968), an MA from the University of Toronto (1969), and a DPhil from the London School of Economics (1974).

Chapter Title Abstract Contributors Pages Year Price

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The chapter discusses the basis for Federal Courts jurisdiction and especially the role and interpretation of the Federal Courts Act. Ir provides a brief overview of the constitutional basis for … 30 $3.00

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This chapter describes the judicial highway in terms of the type and volume and flow of its traffic, with some attention to how this is evolving over time. Describing a court in terms of its … 28 $2.80

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This chapter examines the “in between” of the Appeals to the Supreme Court, of which only a modest (and shrinking) proportion of which is accepted for full review. 22 $2.20

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This chapter offers a profile of the judiciary by examining interviews with current and retired judges and prothonotaries of the Federal Court and the Federal Court of Appeal and their observations. 29 $2.90

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In this chapter the authors examine the predominant role of the Federal Courts in the development of Canadian legal duality and, in particular, respect for the integrity of Quebec civil law in … 46 $4.60

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This chapter argues that judicial independence is a pillar of our constitutional democracy and as such is a principle anchored in the Canadian state structure and recognized as essential to the … 37 $3.70

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This chapter examines the Federal Courts’ relevance to the interpretation and application of federal law, administrative law, and private law matters. 28 $2.80

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This chapter examines the Federal Courts’ original contribution to the development of immigration law in Canada. 42 $4.20

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This chapter examines how Intellectual Property has been dealt with in the in Canada’s Federal Courts over the last twenty-five years, or, where possible, fifty years. 45 $4.50

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This chapter examines the Federal Courts’ chief responsibilities in Canadian national security and intelligence law and discusses the unique procedural context in which the Federal Courts … 31 $3.10

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This chapter examines how Aboriginal law had been handled by the Federal Court four the past five decades. 20 $2.00

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This chapter focuses on the central principles of environmental law such as the principles of precaution, sustainable development and access to (environmental) justice. This part argues that the … 32 $3.20

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This chapter examines the Federal Court’s exercise of its admiralty jurisdiction and what it has done during the past fifty years, since the enactment of the Federal Court Act. The Federal … 32 $3.20

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This chapter examines nineteen decisions regarding human rights and labour law that the authors argue are representative of the jurisprudence of the Federal Courts in these areas in the second … 43 $4.30

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This chapter examines how the Federal Court jurisdiction over tax matters has changed over the past fifty years, and as a result, how the determination of the court’s jurisdiction has … 43 $4.30

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In this chapter, Chief Justice Paul Crampton explores the future of the Federal Court while keeping mindful of the uncertain nature and extent of the evolution of the COVID-19 pandemic, and … 27 $2.70

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In this chapter, Chief Justice Marc Noël reflects on the the vision for the Canadian Federal Court, made by the Honourable John N Turner, on the court’s twenty-fifth anniversary in … 10 $1.00

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