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The Federal Courts Act, and the concurrent Federal Courts Rules govern any application for judicial review in the federal courts. The source of this power can be found in s. 28 of the Federal Courts Act, which provides that the Federal Court of Appeal is the appropriate venue for judicial review of decisions by federal boards and tribunals. In ...
The court was created on July 2, 2003, by the Courts Administration Service Act [1] when it and the Federal Court of Appeal were split from their predecessor, the Federal Court of Canada (which had been created June 1, 1971, through the enactment of the Federal Court Act, subsequently renamed the Federal Courts Act). [2]
The Constitution Act, 1867, gives the federal Parliament the power to create a "General Court of Appeal for Canada", but does not define the jurisdiction of the Court. [2] When Parliament created the Supreme Court of Canada in 1875, it gave the federal Cabinet the power to refer questions to the Supreme Court for the Court's opinion. [3]
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]
An appeal lay from the Trial Division to the Federal Court of Appeal, with an appeal from the Federal Court of Appeal to the Supreme Court of Canada. [16] In 2003, Parliament enacted amendments to split the two divisions of the Federal Court into two separate courts: the Federal Court and the Federal Court of Appeal. [17]
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In 1971, the Federal Court of Canada was established, consisting of two divisions (the "Federal Court – Trial Division" and the "Federal Court – Appeal Division"), inheriting much of the jurisdiction of the Exchequer Court. [22] The Federal Court of Canada gained the jurisdiction to hear judicial reviews from federal agencies and tribunals ...
In April 2014, the court ruled in favour of the Métis people in a case involving extending protections to Aboriginal peoples in Canada who lived off-reserve. [5]In September 2015, the court dismissed an appeal by the Government of Canada over a ruling by the Federal Court that found a rule banning the Niqāb at citizenship ceremonies to be unconstitutional.