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The Trials and Tribulations of the Federal Courts’ Jurisdiction
From: The Federal Court of Appeal and the Federal Court
$3.00
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 the Federal Courts, and distinguishes between “statutory courts” and courts of “inherent jurisdiction.” It then examines the waxing and waning of Federal Courts jurisdiction under the Federal Courts Act, focusing on the Federal Courts’ origin in the Exchequer Court of Canada, the troublesome first iteration of Federal Court jurisdiction in the original Federal Court Act, 1970, then focusing on the “reboot” of Federal Court jurisdiction, mostly through amendments to the Federal Court Act enacted in 1990 and in force in 1992. Finally, it examines the current situation and new uncertainties (and reactions to those uncertainties) sparked by the Supreme Court’s recent pronouncements on Federal Courts jurisdiction.
Contributors
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.
