Federalism and the Jurisdiction of Canadian Courts

Abstract

The federal form of government does not need a dual court system corresponding to the dual legislative and executive authorities. No such system was established at confederation. Yet a dual court system has now developed through the establishment and expansion of federal courts. The jurisdictional problems inherent in a dual court system have been exacerbated by recent decisions of the Supreme Court of Canada, forcing the fragmentation of litigation between the federal and provincial courts, and producing an unnecessary increase in the number of disputes which cannot be resolved in one lawsuit. This has occurred through the failure by the Supreme Court of Canada to accommodate its notions of federalism to the special nature of the administration of justice.