Federal Court of Canada

The power to establish courts in Canada is conferred on both provincial legislatures and Parliament. The Federal Court of Canada was established by Parliament in 1971 to replace the Exchequer Court and has jurisdiction over lawsuits against the federal government and specialized areas including admiralty, aeronautics, patents and copyright, as well as the power to review decisions of federal agencies and officials. In some specialized areas it shares concurrent jurisdiction with provincial superior courts.

The Federal Court of Canada consists of 2 divisions: the Trial Division and the Court of Appeal. The Trial Division hears lawsuits and initial applications to review some types of governmental actions; the Court of Appeal hears appeals from the Trial Division and supervises the formal decisions of federal tribunals. Decisions of the Court of Appeal can be appealed, with leave, to the SUPREME COURT OF CANADA. The Federal Court's main office is in Ottawa, but it sits throughout the country. In 1995, there were 13 judges in the Court of Appeal and 21 judges in the Trial Division.

See also JUDICIARY; COURTS OF LAW.

Author PETER K. DOODY AND PATRICK BENDIN

Links to Other Sites
The Honourable Marshall E. Rothstein
A brief profile of Federal Court of Appeal Justice Marshall Rothstein. From The Court Martial Appeal Court of Canada.

Glossary: Justice and the Courts
A glossary of terms related to justice and the courts. From the website for the New Brunswick Courts.