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The Federal Court of Appeal and the Federal Court
50 Years of History

Auteur(s) :
Valois, Martine; Greene, Ian; Forcese, Craig; McCormick, Peter
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59,95 $
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Product Description

The Federal Court of Appeal and Federal Court are unique among Canada’s courts because they are itinerant — they hear cases in all parts of Canada — as well as being bilingual and bijural. This book was prepared for the celebration of the fiftieth anniversary of the Federal Courts in 2021. Seventy-eight current and retired judges and prothonotaries on the two courts were interviewed and are referred to throughout the book.

The authors present a brief history of these courts and their predecessor — the Exchequer Court of Canada — and an overview of the courts’ jurisdiction, decision-making trends, and unique attributes. There are chapters on each of the courts’ specialties — administrative law, immigration and refugee law, intellectual property, security and intelligence, Indigenous issues, the environment, admiralty, labour and human rights, and tax. Chief Justice Noël and Chief Justice Crampton each contribute a chapter. The preface is by Justice Frank Iacobucci and the epilogue by Justice Robert Décary.


Table of Contents


The Honourable Frank Iacobucci

Members of the Federal Court of Appeal and the Federal Court on the 50th Anniversary

List of Tables and Figures


Introduction: A Brief History of the Federal Court of Appeal and the Federal Court

Ian Greene

The Trials and Tribulations of the Federal Courts’ Jurisdiction

Craig Forcese

The Federal Court of Appeal: Caseload and Decision-Making

Peter McCormick

The Federal Court of Appeal in the Judicial System: Appeals to the Supreme Court

Peter McCormick

Profile of the Judiciary

Ian Greene

Bijuralism and Bilingualism in Canada: The Role of the Federal Courts

Martine Valois

The Administrative Independence of the Federal Courts: A Case for Reform

Martine Valois

The Federal Courts and Administrative Law

Paul Daly & Vincent-Alexandre Fournier

The Federal Courts and Immigration and Refugee Law

Martine Valois & Henri Barbeau

Intellectual Property in Canada’s Federal Courts: An Empirical Review of Proceedings

Jeremy de Beer & Ryan Pistorius

The Federal Courts and National Security and Intelligence Law

Craig Forcese

Aboriginal Law and Indigenous Law in the Federal Courts of Canada

Dwight Newman, QC

Environmental Law

Jocelyn Stacey

The Federal Courts and Admiralty Law

David Colford

Labour and Human Rights

Carolyn Carter & Steven Rita-Procter

Fifty Years of Taxation at the Federal Court of Appeal and the Federal Court

Annick Provencher

The Federal Court — Looking to the Future

Chief Justice Paul Crampton

The Future of the Federal Court of Appeal

Chief Justice Marc Noël


The Honourable Robert Décary

Unprecedented Times: The COVID-19 Pandemic and the Federal Courts

Amélie Lavictoire & Lise Lafrenière Henrie


Acknowledgements from the Editors


Appendix I: Heads of Exchequer Court, Federal Court of Canada, Federal Court of Appeal, and Federal Court, 1887–present

Appendix II: List of interviews conducted with current and retired judges

Appendix III: Questionnaires

Appendix IV: Federal Court’s Coat of Arms


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