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Federal Judicial Review Jurisdiction Under The Federal Court Act: When Is A "Federal Board, Commission Or Other Tribunal" Not A "Federal Board, Commission Or Tribunal"?, R. A. Macdonald
Dalhousie Law Journal
The precise scope of the judicial review jurisdiction of the Federal Court has always been a matter of some doubt and controversy.' Over the past decade problems have arisen with respect to federal reviewability of decisions of the Governor-in-Council, 2 of section 96 judges, 3 of Canadian Crown corporations, 4 of various officials in the North-West Territories, 5 and of decision-makers acting pursuant to the federal power over Indians. 6 In many of these cases, seemingly conflicting judicial decisions as to the effect of section 2(g) of the Federal Court Act 7 have been rendered: sometimes courts have been uncertain …
Maritime Law Judgments In Canada – 1979, William Tetley
Maritime Law Judgments In Canada – 1979, William Tetley
Dalhousie Law Journal
As in 1978, the jurisdiction of the Federal Court of Canada was the major problem litigated upon in the Courts or at least the major problem reported in 1979.1 The number of jurisdiction cases was nevertheless less than in 1978 when almost half the reported judgments concerned themselves with whether or not the Federal Court had jurisdiction. The reduction in jurisdiction cases was perhaps due to the approach taken by the Supreme Court of Canada in TropwoodA.G. v. Sivaco2 and the efforts of the Federal Court of Appeal to distinguish Quebec North Shore Paper v. C.P. Ltd. 3 and McNamara …