Department of Justice

OTTAWA, June 15, 2000 -- The Honourable Anne McLellan, Minister of Justice and Attorney General of Canada, today introduced legislative proposals in the House of Commons for structural reforms to the Federal Court of Canada and the Tax Court of Canada.

The Bill consolidates the administrative services of the Courts, creates a separate Federal Court of Appeal, and changes the status of the Tax Court to that of a superior court.

The proposals are designed to create the administrative structure necessary to realize the opportunities for improved efficiencies identified by the Auditor General in his 1997 report, while enhancing the effectiveness of the Courts and respecting their independence.

"I am confident that this legislation will achieve the appropriate balance of respect for the independence of the judiciary and accountability, and ultimately will ensure the more effective and efficient administration of these important national institutions," said Minister McLellan.

The Bill will consolidate the administrative services into a single, arms-length Courts Administration Service serving the Federal Court of Canada, the Tax Court of Canada, and the Court Martial Appeal Court (which is currently served by the Federal Court Registry). The new Service would be headed by a Chief Administrator, who would be a senior order-in-council appointee.

The Bill also provides for the existing two divisions of the Federal Court of Canada to become a separate court of appeal and a trial court. The current Chief Justice of the Federal Court of Canada would become Chief Justice of the Court of Appeal. The position of Associate Chief Justice of the Federal Court would be converted to that of Chief Justice of the trial court. This reform is the model in most provincial superior courts and would clarify the respective roles of the Chief Justices of the two courts.

The proposal to change the status of the Tax Court to that of a superior court is intended to ensure that the Tax Court is an equal partner in the newly consolidated administration. The jurisdiction and remedial powers of the Court would remain the same and the change would incur no costs.

The reforms were developed in consultation with the Federal Court, the Tax Court, and the Commissioner for Federal Judicial Affairs to ensure operational effectiveness of the proposed administrative structure and respect for the independence of the Courts.

The Government of Canada is satisfied that the proposed reform will enhance the independence of the Courts and contribute to the achievement of the economies and efficiencies identified in the Auditor General's 1997 report, without merging the two courts, as recommended by the Auditor General.

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