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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]
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 ...
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]
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 scope of this category is intended to encompass the Federal Court of Canada (which existed from 1971 to 2003) as well as its predecessor the Exchequer Court of Canada (1875-1971) and its successors the Federal Court and Federal Court of Appeal (both established in 2003).
Paul S. Crampton is the Chief Justice of Canada's Federal Court. He was appointed to the position in 2011 and to the court in 2009. He was appointed to the position in 2011 and to the court in 2009. [ 2 ]
Due to controversy about the appointment, the federal government referred the constitutionality of the appointment to the Supreme Court of Canada. In their decision in Reference Re Supreme Court Act, ss 5 and 6, the Supreme Court quashed his appointment, concluding he did not meet the eligibility criteria provided in the Supreme Court Act. [43]
A select number of decisions from the courts of appeal have proven to be the leading case law in a number of fields and have subsequently been adopted across all provinces, or else they are famous decisions in their own right. Most frequently the decisions were never appealed or were denied leave to the Supreme Court of Canada. The notable ...