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The court's authority comes from the Federal Courts Act. On October 24, 2008, the Federal Court was given its own armorial bearings by the Governor General, the third court in Canada to be given its own coat of arms – after the Court Martial Appeal Court of Canada and Ontario Superior Court of Justice. The coat of arms features a newly ...
The Constitution Act, 1867 divides the responsibility between the federal and provincial jurisdictions. Together with the grant under s. 92(14), s. 91(27) carves out "Procedure in Criminal Matters," while s. 96 requires the appointment of "the Judges of the Superior, District, and County Courts in each Province" to be done by the Governor General in Council, and s. 101 grants the Parliament of ...
The absence of such a court for Ontario led to the Parliament of Canada, exercising its power under s. 101, to create the Maritime Court of Ontario through the passage of the Maritime Jurisdiction Act 1877. [13] This was held to be a valid exercise of federal jurisdiction by the Supreme Court of Canada in 1879. [14]
The first is the term "provincial court", which has two quite different meanings, depending on context. The first, and most general meaning, is that a provincial court is a court established by the legislature of a province, under its constitutional authority over the administration of justice in the province, set out in s. 92(14) of the Constitution Act, 1867. [2]
Section 92(14) of the Act gives the provincial legislatures the power to create provincial courts and to assign jurisdiction to them, as well as determine the rules of civil procedure in those courts. Section 97 of the Act provides that the judges of the courts of Ontario, Nova Scotia and New Brunswick must be appointed from the bars of those ...
In Canada, the rules of civil procedure are administered separately by each jurisdiction, both federal and provincial. Nine provinces and three territories in Canada are common law jurisdictions. One province, Quebec, is governed by civil law. [1] In all provinces and territories, there is an inferior and superior court. [1]
The Commission asserted that this was in conflict with Ontario's Trade Disputes Act, and so applied to have the Act declared ultra vires as being beyond federal jurisdiction. In a 4-1 decision by Ferguson J.A., the Ontario Court of Appeal held that the federal Act was constitutional, as it derived from the s. 91 powers relating to peace, order ...
The issue is typically whether the statutory court created under section 101 or 92(14) has encroached upon the exclusive jurisdiction of a section 96 court. To validate the jurisdiction of a federal or provincial tribunal it must satisfy a three-step inquiry first outlined in Reference Re Residential Tenancies Act (Ontario). The tribunal must ...