The Federal Court of Canada : A History, 1875-1992

This book is an authoritative history of the Federal Court of Canada. The judges' work in various areas of substantive law provides illustrations of the functioning of the Court in the adjudication of disputes. Contents 7 Foreword 9 Preface 11 Acknowledgments 17 Illustrations 21 Part 1: Introduction 39 1. Introduction 39 2. Establishment 52 Part 2: The First Court, 1875-1887 61 3. Jurisdiction 61 4. The Judges 69 5. The Work 76 6. Appeals and Attacks 84 Part 3: The Second Court, 1887-1971 93 7. Court of Claims 93 8. The Burbidge Years, 1887-1908 (I) 98 9. The Burbidge Years, 1887-1908 (II) 115 10. The Cassels Years, 1908-1923 127 11. The Maclean Years, 1923-1942 138 12. The Thorson Years, 1942-1964 158 13. The Jackett Years, 1964-1971 172 Part 4: The Third Court, 1971-1992 191 14. Creation of the Federal Court 191 15. An Administrative Court 202 The Jackett Years, 1971-1979 219 16. The New Court 219 17. The Life of the Court 229 18. The Work of the Court 237 19. Relationship with the Supreme Court 254 20. The Mystery of Section 101 266 21. A Lamentable Situation 282 The Thurlow Years, 1980-1988 295 22. The Judges 295 23. The Work of the Court 305 24. The Charter 316 25. A Matter of Status 326 The Iacobucci Years, 1988-1991 341 26. The Life of the Court 341 27. The Work of the Court 349 Part 5: The Fourth Court, 1992 365 28. The Court Today 365 Appendix A: The Judges 379 Appendix B: Interviews 388 Notes 391 Index of Cases 461 Index of Names and Terms 472 Publications of The Osgoode Society for Canadian Legal History 483

The Federal Court of Canada, which existed from 1875 to 1971 under the name Exchequer Court of Canada, occupies a special place in the court structure of Canada. It was founded principally to adjudicate legal disputes in which the Canadian government was involved; since its change of name in 1971 it has become primarily an administrative appeal court dealing with the review of decisions made by federal administrative tribunals in addition to its existing jurisdictions, admiralty, intellectual property, tax, and other areas. As a federal court within the nation, its very existence has provoked discussion and debate as the various provincial court systems claim a position of primacy within our society for the adjudication of legal disputes.

Central to this history of the Court is an examination of the judges who have sat on its bench. Bushnell investigates who the judges have been and examines their work, with particular focus on the judges' views of the proper approach to decision-making. His study contains a wealth of information, much of which may not be widely known in the profession. As such, The Federal Court of Canada constitutes a rich source both for those with a legal background and for those with an interest in the working and history of legal institutions.

"The Federal Court of Canada, which existed from 1875 to 1971 under the name Exchequer Court of Canada, occupies a special place in the court structure of Canada. It was founded principally to adjudicate legal disputes in which the Canadian government was involved. Since its change of name in 1971 it has become primarily an administrative appeal court dealing with the review of decisions made by federal administrative tribunals in addition to its existing jurisdictions: admiralty, intellectual property, tax, and other areas. As a federal court within the nation, its very existence has provoked discussion and debate as the various provincial court systems claim a position of primacy within our society for the adjudication of legal disputes." "Central to this history of the Federal Court is an examination of the judges who have sat on its bench, with particular focus on their views regarding the proper approach to decision making. The Federal Court of Canada is a rich resource both for those with a legal background and for those with an interest in the working and history of legal institutions."--Résumé de l'éditeur "The Federal Court of Canada, which existed from 1875 to 1971 under the name Exchequer Court of Canada, occupies a special place in the court structure of Canada. It was founded principally to adjudicate legal disputes in which the Canadian government was involved. Since its change of name in 1971 it has become primarily an administrative appeal court dealing with the review of decisions made by federal administrative tribunals in addition to its existing jurisdictions: admiralty, intellectual property, tax, and other areas. As a federal court within the nation, its very existence has provoked discussion and debate as the various provincial court systems claim a position of primacy within our society for the adjudication of legal disputes." "Central to this history of the Federal Court is an examination of the judges who have sat on its bench, with particular focus on their views regarding the proper approach to decision making. The Federal Court of Canada is a rich resource both for those with a legal background and for those with an interest in the working and history of legal institutions."--Jacket