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.
Authors
- Bibliography, etc. Note
- Includes bibliographical references and index
- Control Number Identifier
- CaOOCEL
- Dewey Decimal Classification Number
- 347.71/04
- General Note
- Issued as part of the desLibris books collection
- Geographic Area Code
- n-cn---
- ISBN
- 9781442681262 0802042074
- LCCN
- KE8265
- LCCN Item number
- B88 1997eb
- Modifying agency
- CaBNVSL
- Original cataloging agency
- CaOTU
- Physical Description | Extent
- 1 electronic text (xix, 447 p.)
- Published in
- Canada
- Publisher or Distributor Number
- CaOOCEL
- Rights
- Access restricted to authorized users and institutions
- System Control Number
- (CaBNVSL)thg00600496 (OCoLC)666910898 (CaOOCEL)417757
- System Details Note
- Mode of access: World Wide Web
- Transcribing agency
- CaOTU
Table of Contents
- Contents 8
- Foreword 10
- Preface 12
- Acknowledgments 18
- Illustrations 22
- PART 1: INTRODUCTION 38
- 1 Introduction 40
- 2 Establishment 53
- PART 2: THE FIRST COURT, 1875–1887 60
- 3 Jurisdiction 62
- 4 The Judges 70
- 5 The Work 77
- 6 Appeals and Attacks 85
- PART 3: THE SECOND COURT, 1887–1971 92
- 7 Court of Claims 94
- 8 The Burbidge Years, 1887–1908 (I) 99
- 9 The Burbidge Years, 1887–1908 (II) 116
- 10 The Cassels Years, 1908–1923 128
- 11 The Maclean Years, 1923–1942 139
- 12 The Thorson Years, 1942–1964 159
- 13 The Jackett Years, 1964–1971 173
- PART 4: THE THIRD COURT, 1971–1992 190
- 14 Creation of the Federal Court 192
- 15 An Administrative Court 203
- The Jackett Years, 1971–1979 218
- 16 The New Court 220
- 17 The Life of the Court 230
- 18 The Work of the Court 238
- 19 Relationship with the Supreme Court 255
- 20 The Mystery of Section 101 267
- 21 A Lamentable Situation 283
- The Thurlow Years, 1980–1988 294
- 22 The Judges 296
- 23 The Work of the Court 306
- 24 The Charter 317
- 25 A Matter of Status 327
- The lacobucci Years, 1988–1991 340
- 26 The Life of the Court 342
- 27 The Work of the Court 350
- PART 5: THE FOURTH COURT, 1992 364
- 28 The Court Today 366
- Appendix A: The Judges 380
- Appendix B: Interviews 389
- Notes 392
- Index of Cases 462
- A 463
- B 464
- C 464
- D 465
- E 465
- F 465
- G 465
- H 466
- I 466
- J 466
- K 466
- L 467
- M 467
- N 468
- O 468
- P 469
- Q 469
- R 470
- S 471
- T 471
- U 471
- V 472
- W 472
- Y 472
- Index of Names and Terms 473
- A 473
- B 474
- C 474
- D 475
- E 476
- F 476
- G 476
- H 477
- I 477
- J 477
- K 478
- L 478
- M 478
- N 479
- O 479
- P 480
- Q 480
- R 480
- S 481
- T 482
- U 482
- V 482
- W 482
- Publications of The Osgoode Society for Canadian Legal History 484