The Federal Court of Appeal and the Federal Court
50 Years of History
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.
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 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 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 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).