The Federal Court of Appeal and the Federal Court

50 Years of History


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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.

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

The Honourable Robert Décary

Unprecedented Times: The COVID-19 Pandemic and the Federal Courts
Amélie Lavictoire & Lise Lafrenière Henrie

Acknowledgements from the Editors
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

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