The Federal Court of Appeal and the Federal Court. 50 Years of History
- Publisher:
- Irwin Law Inc.
- Publication date:
- 2021-10-04
- Authors:
-
Craig Forcese
Martine Valois
Ian Greene
Peter McCormick - ISBN:
- 9781552215487
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 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.
Index
- Preliminary Sections
- Preface
- 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
- The Trials and Tribulations of the Federal Courts' Jurisdiction
- The Federal Court of Appeal: Caseload and Decision-Making
- The Federal Court of Appeal in the Judicial System: Appeals to the Supreme Court
- Profile of the Judiciary
- Bijuralism and Bilingualism in Canada: The Role of the Federal Courts
- The Administrative Independence of the Federal Courts: A Case for Reform
- The Federal Courts and Administrative Law
- The Federal Courts and Immigration and Refugee Law
- Intellectual Property in Canada's Federal Courts: An Empirical Review of Proceedings
- The Federal Courts and National Security and Intelligence Law
- Aboriginal Law and Indigenous Law in the Federal Courts of Canada
- Environmental Law
- The Federal Courts and Admiralty Law
- Labour and Human Rights
- Fifty Years of Taxation at the Federal Court of Appeal and the Federal Court
- The Federal Court - Looking to the Future
- The Future of the Federal Court of Appeal
- Epilogue
- Unprecedented Times: The COVID-19 Pandemic and the Federal Courts
- 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
- Detailed Table of Contents