The Trials and Tribulations of the Federal Courts’ Jurisdiction

22 Pages Posted: 25 Feb 2020

See all articles by Craig Forcese

Craig Forcese

University of Ottawa - Common Law Section

Date Written: January 28, 2020

Abstract

This paper discusses the basis for the Canadian Federal Courts jurisdiction – and especially the role and interpretation of the Federal Courts Act. I begin with a brief overview of the constitutional basis for the Federal Courts, and then distinguish between “statutory courts” and courts of “inherent jurisdiction”. In Part II, I examine the waxing and waning of Federal Courts jurisdiction under the Federal Courts Act, focusing on the Courts’ origin in the Exchequer Court of Canada, the troublesome first iteration of Federal Court jurisdiction in the original Federal Court Act, 1970, and the impact of Supreme Court jurisprudence on that Act. Part III focuses on the “reboot” of Federal Court jurisdiction, mostly through amendments to the Federal Court Act enacted in 1990, and in force in 1992. Finally, Part IV examines the current situation, and new uncertainties (and reactions to those uncertainties) sparked by the Supreme Court’s recent pronouncements on Federal Courts jurisdiction.

Keywords: Federal Court, Canada, Jurisdiction

Suggested Citation

Forcese, Craig, The Trials and Tribulations of the Federal Courts’ Jurisdiction (January 28, 2020). Available at SSRN: https://ssrn.com/abstract=3527086 or http://dx.doi.org/10.2139/ssrn.3527086

Craig Forcese (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

HOME PAGE: http://www.cforcese.ca

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