Federal Court of Canada - History

History

The federal government has the power to establish a court system under section 101 of the Constitution Act, 1867 which allows the government to create "any additional Courts for the better Administration of the Laws of Canada." In 1875, the government established the Exchequer Court of Canada. This court, modelled on the court of the same name at the United Kingdom, primarily had jurisdiction over tax issues. Over time this court's jurisdiction was extended to other matters of federal jurisdiction.

In 1971, the Federal Court of Canada was established, inheriting much of the jurisdiction of the Exchequer Court. The Federal Court of Canada gained the jurisdiction to hear judicial reviews from federal agencies and tribunals. The Federal Court of Canada had two divisions, the Federal Court – Trial Division and Federal Court – Appeal Division.

On July 2, 2003 the court was again restructured. The Court was split into two separate Courts, with the Trial Division continued as the Federal Court and the Appeal Division continued as the Federal Court of Appeal.

Until 1976, there was substantial judicial support for the view that Parliament could give a federal court jurisdiction over any matter (even a matter not regulated by federal statute law). This was on the basis that "the Laws of Canada" meant not only federal statutes, but provincial ones as well. However, in Quebec North Shore Paper Co. v. Canadian Pacific (1976), 2 S.C.R 1054, the Supreme Court of Canada rejected this notion. The Supreme Court held that the Federal Court of Canada had no jurisdiction over matters assigned to the provinces' legislative jurisdiction.