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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.
Wilbur Roy Jackett, born in a small town in Saskatchewan in 1914, is inextricably connected to some of the most important developments in Canadian legal history. As a scholar, public servant, and jurist, he was a leading figure in Canadian law, serving during the governments of Mackenzie King, St Laurent, Pearson, Diefenbaker, Trudeau, and Clark. After graduating from the University of Saskatchewan's College of Law, Jackett was chosen as a Rhodes Scholar. He returned to Canada from Oxford not long before the outbreak of World War II and joined the ten-man Department of Justice as a junior lawyer. Through extraordinary hard work, rigorous legal analysis, and a bent for organisation, he eventually became Canada's eighth deputy minister of Justice. He left this position after three years to become general counsel for the Canadian Pacific Railway and was later appointed president of the Exchequer Court of Canada. He quickly revamped the level of service provided by the court to the legal profession and the public and was instrumental in both the creation of the Canadian Judicial Council and the design and creation of the new Federal Court of Canada. As the first chief justice of the Federal Court, he led the new court by example, moulding it into the most efficient and effective court in the country, despite opposition from provincial superior courts and the Supreme Court of Canada. After fifteen years on the Bench he retired in 1979 at the height of his judicial career, believing that this would help the Court develop. He continued to work in relative obscurity at what he loved best - solving legal problems - but never again appeared before the courts. Richard W. Pound is a senior partner at Stikeman, Elliott, chancellor of McGill University, and a member of the International Olympic Committee.
Since 1875, Canadian courts have been permitted to act as advisors alongside their ordinary, adjudicative role. This book offers the first detailed examination of that role from a legal perspective. When one thinks of courts, it is most often in the context of deciding cases: live disputes involving spirited, adversarial debate between opposing parties. Sometimes, though, a court is granted the power to answer questions in the absence of such disputes through advisory opinions (also called references). These proceedings raise many questions: about the judicial role, about the relationship between courts and those who seek their 'advice', and about the nature of law. Tracking their use in Canada since the country's Confederation and looking to the experience of other legal systems, the book considers how advisory opinions draw courts into the complex relationship between law and politics. With attention to key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon.
The Federal Court of Appeal and Federal Court are unique among Canada's courts because they are itinerant -- they hear cases in all parts of Canada -- as well as being bilingual and bijural. This book was prepared for the celebration of the fiftieth anniversary of the Federal Courts in 2021. Seventy-eight current and retired judges and prothonotaries on the two courts were interviewed and are referred to throughout the book. The authors present a brief history of these courts and their predecessor -- the Exchequer Court of Canada -- and an overview of the courts' jurisdiction, decision-making trends, and unique attributes. There are chapters on each of the courts' specialties -- administrative law, immigration and refugee law, intellectual property, security and intelligence, Indigenous issues, the environment, admiralty, labour and human rights, and tax. Chief Justice Noël and Chief Justice Crampton each contribute a chapter. The preface is by Justice Frank Iacobucci and the epilogue by Justice Robert Décary.