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As of July 2, 2003, the date of the coming into force of the Courts Administration Service Act, the two divisions of the former Federal Court of Canada became two separate courts - a court of appeal (Federal Court of Appeal) and a trial court (Federal Court).
The Federal Court of Canada came into existence on June 1,
1971, through the enactment of the Federal Court Act. Its
roots, however, go back almost a century before by way of its
predecessor, the Exchequer Court of Canada.
When the Dominion of Canada was created, the British North
America Act, 1867 (now Constitution Act, 1867) did not
establish specific courts but, by section 101, authorized the
Parliament of Canada to provide a "General Court of Appeal
for Canada" and "any additional Courts for the better
Administration of the Laws of Canada." Pursuant to this, a
separate act establishing the Supreme Court of Canada and the
Exchequer Court of Canada was passed in 1875. For many
years Exchequer Court decisions were subject to appeal not
only to the Supreme Court but, ultimately, to the Judicial
Committee of the Privy Council in the United Kingdom.
Appeals to the Privy Council were abolished in 1949.
The Exchequer
Court originally had a very limited exclusive jurisdiction:
revenue cases against the federal government. It also shared
jurisdiction with the provincial courts in actions by the
government to enforce federal revenue law or in relation to any
civil action at common law or in equity.
Over the life of the Exchequer Court, its jurisdiction gradually
increased and changed. Within the first twenty-five years, it
had acquired exclusive jurisdiction over all litigation brought
against the federal government, and its authority included
admiralty matters, as well as suits between citizens relating to
industrial property like patents and trade marks. Tax and
citizenship matters became its concern. In 1960 it was given
non-exclusive jurisdiction as a superior court of criminal
jurisdiction for handling certain offences under the Combines
Investigation Act.
An increasing acceptance of responsibility of government in
relation to the citizen was reflected in expanding remedies
obtainable against the federal government. In 1887 the
government became subject to certain actions arising out of the
negligence of its officers, and the Crown Liability Act of 1952
put the government in the same position as a private citizen in
virtually all matters of tort. Some of the Court's exclusive
jurisdiction was lost at this stage, as it became possible to sue
the government in provincial courts in the matter of certain
torts where the claim was for less than one thousand dollars.
By way of the Federal Court Act, Exchequer Court
jurisdiction was inherited by its successor and augmented.
The most important new area was the Court's power to review
decisions of all federal boards, commissions or other tribunals.
The new Act also gave jurisdiction in claims respecting
aeronautics and interprovincial undertakings, and in matters
involving bills of exchange and promissory notes where the
Crown is a party.
Significant changes again occurred with the coming into force
of amendments to the Federal Court Act on February 1, 1992.
Parties seeking relief against the Crown were no longer
required to apply to the Federal Court but were given the
option of choosing the provincial courts, and the Federal Court
Trial Division's exclusive jurisdiction was retained only where
federal statutes expressly provided for it. At the same time the
judicial review procedure was revised and simplified, with the
Trial Division being given original jurisdiction except in
respect to specific boards for which review is available in the
Court of Appeal.
While judicial review occupies much of the Court's time today,
there is a broad jurisdiction which includes Crown,
immigration, citizenship, admiralty, customs, intellectual
property, tax, labour relations, transportation, communications,
parole and penitentiary proceedings, as well as some limited
criminal jurisdiction. New federal legislation often provides a
specific right of appeal or review in the Federal Court of
Canada.
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