Product Description
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. The preface is by Justice Frank Iacobucci and the epilogue by Justice Robert Décary.
Preface
The Honourable Frank Iacobucci
Members of the Federal Court of Appeal and the Federal Court on the 50th Anniversary
List of Tables and Figures
Introduction: A Brief History of the Federal Court of Appeal and the Federal Court
Ian Greene
The Trials and Tribulations of the Federal Courts’ Jurisdiction
Craig Forcese
The Federal Court of Appeal: Caseload and Decision-Making
Peter McCormick
The Federal Court of Appeal in the Judicial System: Appeals to the Supreme Court
Peter McCormick
Profile of the Judiciary
Ian Greene
Bijuralism and Bilingualism in Canada: The Role of the Federal Courts
Martine Valois
The Administrative Independence of the Federal Courts: A Case for Reform
Martine Valois
The Federal Courts and Administrative Law
Paul Daly & Vincent-Alexandre Fournier
The Federal Courts and Immigration and Refugee Law
Martine Valois & Henri Barbeau
Intellectual Property in Canada’s Federal Courts: An Empirical Review of Proceedings
Jeremy de Beer & Ryan Pistorius
The Federal Courts and National Security and Intelligence Law
Craig Forcese
Aboriginal Law and Indigenous Law in the Federal Courts of Canada
Dwight Newman, QC
Environmental Law
Jocelyn Stacey
The Federal Courts and Admiralty Law
David Colford
Labour and Human Rights
Carolyn Carter & Steven Rita-Procter
Fifty Years of Taxation at the Federal Court of Appeal and the Federal Court
Annick Provencher
The Federal Court — Looking to the Future
Chief Justice Paul Crampton
The Future of the Federal Court of Appeal
Chief Justice Marc Noël
Epilogue
The Honourable Robert Décary
Unprecedented Times: The COVID-19 Pandemic and the Federal Courts
Amélie Lavictoire & Lise Lafrenière Henrie
Acknowledgements from the Editors
Acknowledgements
Appendix I: Heads of Exchequer Court, Federal Court of Canada, Federal Court of Appeal, and Federal Court, 1887–present
Appendix II: List of interviews conducted with current and retired judges
Appendix III: Questionnaires
Appendix IV: Federal Court’s Coat of Arms
