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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 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 ...
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 ...
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]
The Supreme Court of Canada in Ottawa, west of Parliament Hill. The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), [1] [2] and Indigenous law systems [3] developed by the various Indigenous Nations.
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 ...
In 1971, the federal Parliament abolished the Exchequer Court and created a new Federal Court with two divisions, the Federal Court – Trial Division and the Federal Court of Appeal. The new Court had a much expanded jurisdiction, including judicial review of federal administrative agencies, exclusive jurisdiction over civil suits against the ...