Relevant bibliographies by topics / Canada. Federal Court of Appeal

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Canada. Federal Court of Appeal'

Author: Grafiati
Published: 12 December 2022
Last updated: 31 July 2025

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Journal articles on the topic "Canada. Federal Court of Appeal"

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Carr, Brian R., Brittany Finn, and Ryan Wolfe. "Corporate Tax Planning: GAAR: An Economic Test?—The Courts Divide." Canadian Tax Journal/Revue fiscale canadienne 68, no. 1 (2020): 351–90. http://dx.doi.org/10.32721/ctj.2020.68.1.ctp.

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The authors of this article review the history and development of the general anti-avoidance rule (GAAR) in section 245 of the Income Tax Act (Canada), for the purpose of assisting in the analysis of recent decisions of the federal and provincial courts of appeal. They discuss the inherent difficulty in construing section 245 and outline various tests that the courts could have employed to interpret its provisions. The authors then review three of the four decisions in which the Supreme Court of Canada interpreted GAAR—<i>Canada Trustco</i>, <i>Mathew</i>, and <i>
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Netolitzky, Donald J., and Richard Warman. "As the Water Grinds the Stone: Comparison of Represented and Self-represented Appellant Populations in the Federal Court of Appeal." Windsor Yearbook of Access to Justice 37, no. 1 (2022): 206–59. http://dx.doi.org/10.22329/wyaj.v37i1.7195.

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This article reports a quantitative and statistically reliable population investigation of 552 Federal Court of Appeal proceedings that were appeals by represented and self-represented appellants who, in 2016 or 2017, appealed decisions of the Federal Court or Tax Court of Canada. Appeals by the Crown, non-Crown represented appellants, and self-represented appellants exhibited markedly different frequencies at which appeals were granted, and patterns for how appeals were terminated. Nearly half of Crown appeals were granted, but less than one in twenty self-represented appellants had any degre
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Crowne, E. "TEACHERS not registrable in Canada, says Federal Court of Appeal." Journal of Intellectual Property Law & Practice 7, no. 9 (2012): 651. http://dx.doi.org/10.1093/jiplp/jps109.

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Crowne, E. "Business methods patentable in Canada according to Federal Court of Appeal." Journal of Intellectual Property Law & Practice 7, no. 4 (2012): 226–27. http://dx.doi.org/10.1093/jiplp/jps006.

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Hennigar, Matthew A. "Expanding the ‘Dialogue’ Debate: Federal Government Responses to Lower Court Charter Decisions." Canadian Journal of Political Science 37, no. 1 (2004): 3–21. http://dx.doi.org/10.1017/s0008423904040041.

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The inter–institutional dynamics between courts and elected governments under the Canadian Charter of Rights and Freedoms have recently, and widely, been characterized as a "dialogue" over constitutional meaning. This article seeks to expand the systematic analysis of "dialogue" to lower courts of appeal, using Canadian federal government responses as a case study. In the process, the article clarifies the hotly debated operational definition of this metaphor, and develops two methodological innovations to provide a comprehensive measure of dialogue. The article's findings suggest that there i
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Heard, Andrew. "Conacher Missed the Mark on Constitutional Conventions and Fixed Election Dates." Constitutional Forum / Forum constitutionnel 19, no. 1, 2 & 3 (2012): 2010. http://dx.doi.org/10.21991/c9637h.

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Given the fundamental role that conventions play in the Canadian constitution, it is not surprising that litigants try from time to time to engage the courts in defining or even enforcing the terms of a particular convention. The Federal Court’s September 2009 decision in Conacher v. Canada (Prime Minister)1 is the latest high-profile example. Duff Conacher, Coordinator of Democracy Watch, had launched a court case that challenged the 2008 federal election call as contravening either the provisions of the government’s fixed-date election law (Bill C-16,2 passed in 2007), or conventions support
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Crowne, E. "Preserving the Amazon (patent): Federal Court of Appeal rules business methods patentable in Canada." Journal of Intellectual Property Law & Practice 7, no. 7 (2012): 528–33. http://dx.doi.org/10.1093/jiplp/jps047.

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Lefebvre, Camille, and Fannie Lafontaine. "The Exclusion Clause in Canada: Prioritizing Practical Expediency." International Journal of Refugee Law 33, no. 3 (2021): 405–35. http://dx.doi.org/10.1093/ijrl/eeab045.

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Abstract Applying the Canadian legal framework for refugees in compliance with binding international instruments has entailed significant challenges. In order to fulfil its dual obligations of protecting people under threat of torture and persecution, while denying refugee status to those responsible for such atrocities, Canada relies on the exclusion clause of the 1951 Convention relating to the Status of Refugees as a practical and expedient solution. This article provides a comprehensive review of the jurisprudence related to Canada’s exclusion system, examining the judicial reasoning of de
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Phillips, Dana. "Ishaq v Canada: “Social Science Facts” in Feminist Interventions." Windsor Yearbook of Access to Justice 35 (May 30, 2018): 99–126. http://dx.doi.org/10.22329/wyaj.v35i0.5271.

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This article examines the role of social science in feminist intervener advocacy, focusing on the 2015 case ofIshaq v Canada (Minister of Citizenship and Immigration). InIshaq, a Muslim woman challenged a Canadian government policy requiring her to remove her niqab while reciting the citizenship oath. The Federal Court of Appeal dismissed several motions for intervention by feminist and other equality-seeking organizations, emphasizing their improper reliance on unproven social facts and social science research. I argue that this decision departs from the generous approach to public interest i
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Newman, Dwight, and Wendy Elizabeth Ortega Pineda. "Comparing Canadian and Colombian Approaches to the Duty to Consult Indigenous Communities on International Treaties." Constitutional Forum / Forum constitutionnel 25, no. 1 (2016): 29. http://dx.doi.org/10.21991/c9v67f.

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In recent years, the development in Canada of a constitutional duty to consult Indigenous communities has had ramifications on government decision-making that are widespread, far-reaching, and potentially expansive. The modern duty to consult doctrine developed in a series of cases in 2004-2005, ensuring that governments have a duty to consult proactively with Aboriginal communities whose Aboriginal or treaty rights may be adversely impacted by a particular administrative decision, even in the face of uncertainty about the scope of asserted rights in the absence of a final settlement or court
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Dissertations / Theses on the topic "Canada. Federal Court of Appeal"

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Hennigar, Matthew A. (Matthew Aaron) 1971. "Appealing to higher authority : explaining the Federal Government's appeals to the Supreme Court of Canada in charter cases." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82893.

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The adoption of the Charter of Rights and Freedoms has increased the policy importance of litigation, and, accordingly, of those government lawyers who handle such litigation. In particular, policies and laws may stand or fall based on whether the government appeals its losses in the lower courts to the Supreme Court of Canada. This dissertation seeks to determine whether the federal government's appeal decisions are based on a rational weighing of multiple factors related to costs, case importance, and the prospect of securing access to, and victory in, the Supreme Court. This first re
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Junior, Horival Marques de Freitas. "Repercussão geral das questões constitucionais." Universidade de São Paulo, 2014. http://www.teses.usp.br/teses/disponiveis/2/2137/tde-11022015-082405/.

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No início do presente trabalho, foi elaborado um histórico do Supremo Tribunal Federal e do recurso extraordinário, além de se traçar alguns aspectos sobre o papel da Corte na atualidade, resultado das mudanças sociais aspiradas pela Constituição de 1988 e de recentes reformas legislativas. Se, por um lado, o constituinte originário pretendeu ampliar o acesso à Justiça, não menos verdade é que a realidade acabou por demonstrar a insuficiência do modelo então vigente para dar respostas adequadas e céleres aos jurisdicionados. O Poder Judiciário brasileiro carece de importantes reformas procedim
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Kelly, James B. "Charter activism and Canadian federalism : rebalancing liberal constitutionalism in Canada, 1982 to 1997." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0022/NQ50199.pdf.

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Mangone, Kátia Aparecida. "Prequestionamento e questões de ordem pública no recurso extraordinário e no recurso especial." Pontifícia Universidade Católica de São Paulo, 2010. https://tede2.pucsp.br/handle/handle/8916.

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Made available in DSpace on 2016-04-26T20:30:07Z (GMT). No. of bitstreams: 1 Katia Aparecida Mangone.pdf: 1801839 bytes, checksum: 209f3da22f5be3927f496609852c2716 (MD5) Previous issue date: 2010-03-25<br>Coordenação de Aperfeiçoamento de Pessoal de Nível Superior<br>The present work examines the prequestionamento and, principally, analyses if matters of public order could be known in the judgement of Extraordinary Appeals to the Supreme Court and Special Appeals to the Superior Court of Justice. Firstly, it is studied the Constitutional Model of these Extraordinary and Special Appeals, ta
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Hirsch, Fábio Periandro de Almeida. "Ofensa reflexa a Constituição: criticas e propostas de solução para a jurisprudencia autodefensiva do Supremo Tribunal Federal brasileiro." Programa de Pós-Graduação em Direito da UFBA, 2007. http://www.repositorio.ufba.br/ri/handle/ri/10783.

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Submitted by Edileide Reis (leyde-landy@hotmail.com) on 2013-04-15T12:40:04Z No. of bitstreams: 1 Fábio.pdf: 1376337 bytes, checksum: a6a3809cdaf25a1abd223286752b949d (MD5)<br>Approved for entry into archive by Rodrigo Meirelles(rodrigomei@ufba.br) on 2013-05-09T18:10:32Z (GMT) No. of bitstreams: 1 Fábio.pdf: 1376337 bytes, checksum: a6a3809cdaf25a1abd223286752b949d (MD5)<br>Made available in DSpace on 2013-05-09T18:10:32Z (GMT). No. of bitstreams: 1 Fábio.pdf: 1376337 bytes, checksum: a6a3809cdaf25a1abd223286752b949d (MD5) Previous issue date: 2007<br>A presente dissertação visa sistematiza
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Wolkart, Erik Navarro. "Mecanismos de objetivação do processo." Pontifícia Universidade Católica de São Paulo, 2011. https://tede2.pucsp.br/handle/handle/5566.

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Made available in DSpace on 2016-04-26T20:20:05Z (GMT). No. of bitstreams: 1 Erik Navarro Wolkart.pdf: 1422819 bytes, checksum: 2b21ad9114c83a7c3a9a46086eea66c9 (MD5) Previous issue date: 2011-05-18<br>The present dissertation has as its aim of study, firstly, the definition of the main features of what is considered a civil procedure objectification mechanism.Then, the study analyses procedural aspects, benefits and vicissitudes of several procedural law concepts, which can be defined as mechanisms of civil procedure objectification. These previous steps lead to the conclusion that the open
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Chen, Po-Yen, and 陳博彥. "A Study of Two Steps Framework on Patent Subject Matter Eligibility by the US Federal Court of Appeal." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/mqrqdj.

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碩士<br>國立臺灣科技大學<br>專利研究所<br>107<br>With the development of information technology, inventions of computer of software have become key search for each company. Inventor of computer software have started to file patent application with computer software as request. However, the issue of whether computer software are able to have patent eligibility and what the standard of patent eligibility continues to generate new legal interpretations in the history of litigation in the United States. It makes software companies hard to maintain therir right and protect their invent. After this situation came
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Minnes, Jonathan David. "Law and justice: Scott v. Canada and the history of the social covenant with Canadian veterans." Thesis, 2019. http://hdl.handle.net/1828/10910.

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This paper explores the issues underlying the Scott v. Canada veteran class action lawsuit. In particular it seeks to provide context to these issues by examining the cultural and legal structure of the Canadian military, the historic developments of veteran benefits in Canada, and the difficulties veterans face navigating the institutions that disseminate these benefits. The Scott v. Canada veteran class action lawsuit was launched against the Federal Government in 2012, in response to the Canadian Forces Members and Veterans Re-establishment and Compensation Act (the “New Veterans Charter”),
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Cachon, Jean-Charles. "Aboriginal entrepreneurship on reserves: some empirical data from Northern Ontario and considerations following the Supreme Court of Canada decision on the Delgamuukw v. British Columbia appeal." 2000. https://zone.biblio.laurentian.ca/dspace/handle/10219/273.

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After a review of the general characteristics of Aboriginal businesses on Canadian reserves, the empirical part of this research compares a sample of 22 on-reserve businesses interviewed within four reserves in Northern Ontario to a control sample of 229 businesses from across Northern Ontario. Both samples were surveyed in Spring/Summer 1997 by the Small Business Research Group, from Laurentian University's School of Commerce and Administration. The results confirmed the literature in showing a lack of structure, with 88% of the businesses unincorporated, a lack of capital, a sense of isolati
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Wright, Wade Kenneth. "Beyond Umpire and Arbiter: Courts as Facilitators of Intergovernmental Dialogue in Division of Powers Cases in Canada." Thesis, 2014. https://doi.org/10.7916/D87D2S7R.

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The courts in Canada have often been cast, by both courts and legal scholars, as 'umpires' or 'arbiters' of the federal-provincial division of powers - umpires or arbiters that have the exclusive, or at least decisive, authority to clarify and enforce, and resolve disputes about, 'who does what' in the federal system. However, the image conveyed by these metaphors underestimates the role that the federal and provincial political branches play in the federal system, by working out their own solutions, in the intergovernmental arena, both directly and indirectly, where questions and disputes ari
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Books on the topic "Canada. Federal Court of Appeal"

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Kindler, Joseph John. In the Supreme Court of Canada in appeal from the Federal Court of Appeal between Joseph John Kindler, appellant before the Federal Court of Appeal, appellant, and Mr. John Crosbie, Minister of Justice, Attorney General of Canada, respondent before the Federal Court of Appeal, respondent. Supreme Court of Canada, 1991.

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Kindler, Joseph John. In the Supreme Court of Canada on appeal from the Federal Court of Appeal between Joseph John Kindler, appellant, (petitioner), and M. John Crosbie, Minister of Justice, Attorney General of Canada, respondent (respondent). Supreme Court of Canada, 1991.

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Benner, Mark Donald. In the Supreme Court of Canada on appeal from the Federal Court of Appeal between: Mark Donald Benner, appellant (applicant) and: The Secretary of State of Canada and the Registrar of Citizenship, respondents (respondents). Supreme Court of Canada, 1996.

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Baker, Mavis. In the Supreme Court of Canada on appeal from the Federal Court of Appeal between : Mavis Baker, appellant, and the Minister of Citizenship and Immigration, respondent. Supreme Court of Canada, 1998.

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Kindler, Joseph John. In the Supreme Court of Canada, in the matter of the Supreme Court Act, R.S.C. 1985, Chap. S-26, and in the matter of a reference by the Governor in Council concerning the surrender by Canada of the extradition fugitive Charles Chitat Ng to the United States of America, as set out in Order in Council P.C. 1990-1082, dated the 7th day of June, 1990 (court file no. 21990): And in appeal from the Federal Court of Appeal between Joseph John Kindler, petitioner before the Federal Court of Appeal, and M. John Crosbie, Minister of Justice, Attorney General of Canada, respondent before the Federal of Appeal (court file no. 21321). Supreme Court of Canada, 1991.

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franco-manitobaine, Société. On appeal from the Federal Court of Appeal between the Société franco-manitobaine and Denise Lemoine, appellants, and Her Majesty the Queen in Right of Canada, the Attorney General of Canada, the Solicitor General of Canada, and the Commissioner of the Royal Canadian Mounted Police, respondents. Faculty of Law, University of Toronto, 1992.

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Benotto, Mary Lou. The Thibaudeau decision: And the full text of the decisions in Federal Court of Appeal and Tax Court of Canada, Suzanne Thibaudeau v. Her Majesty the Queen : with commentary. Butterworths, 1994.

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Tari, A. Christina. Federal income tax litigation in Canada. Butterworths Canada, 1997.

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Court, Canada Federal. Federal Court rules, Federal Court immigration rules, 1993, Federal Court Act. Minister of Supply and Services Canada, 1995.

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1941-, Hughes Roger T., and Law Society of Upper Canada. Dept. of Education., eds. Federal Court of Canada: Practice and procedure. Dept. of Education, Law Society of Upper Canada, 1988.

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Book chapters on the topic "Canada. Federal Court of Appeal"

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McMurtry, R. Roy, and Peter N. Oliver. "Foreword." In The Federal Court of Canada. University of Toronto Press, 1997. http://dx.doi.org/10.3138/9781442681262-001.

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Dumsday, Travis. "From a Court Judgement to Federal Law." In Medical Assistance in Dying (MAID) in Canada. Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-30002-8_3.

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Boustany, Katia. "Brocklebank: A Questionable Decision of the Court Martial Appeal Court of Canada." In Yearbook of International Humanitarian Law. T.M.C. Asser Press, 1998. http://dx.doi.org/10.1007/978-90-6704-747-0_22.

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Turcotte, André, David Coletto, and Simon Vodry. "The People’s Party of Canada and the Appeal of Anger Politics." In Political Marketing in the 2021 Canadian Federal Election. Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-34404-6_6.

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Turcotte, André, David Coletto, and Simon Vodrey. "Correction to: The People’s Party of Canada and the Appeal of Anger Politics." In Political Marketing in the 2021 Canadian Federal Election. Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-34404-6_10.

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Duff, Andrew. "The Judiciary." In Constitutional Change in the European Union. Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-10665-1_5.

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AbstractThe European Court of Justice plays a critical role in the integration process. National constitutional courts have to come to terms with the primacy and direct effect of EU law. Current restrictions on the judicial authority of the Court should be lifted. The Charter of Fundamental Rights has potential yet to be reached. Only full respect for the rule of law will allow the European Court of Justice to evolve into a federal supreme court, with wider access for the citizen on appeal.
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Duval, Antoine, and Marjolaine Viret. "The Court of Arbitration for Sport under Human Rights Scrutiny: The Role of the Swiss Federal Tribunal and the European Court of Human Rights." In Interdisciplinary Studies in Human Rights. Springer Nature Switzerland, 2024. http://dx.doi.org/10.1007/978-3-031-56452-9_11.

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AbstractThis chapter sets out to map how human rights (and more specifically, the ECHR) have been applied by the Swiss Federal Tribunal (SFT) and the European Court of Human Rights (ECtHR) to the CAS and its awards. It is based on a comprehensive review of the decisions of both courts related to the CAS. In doing so, the chapter traces the morphing role of the ECHR as a normative resource to check the CAS’ judicial authority. Section 2 is dedicated to analyzing more than 20 years of the SFT’s case law on appeal against CAS awards, and to showing how the supreme court of Switzerland has been co
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"6. Appeals and Attacks." In The Federal Court of Canada. University of Toronto Press, 1997. http://dx.doi.org/10.3138/9781442681262-010.

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Brennan, Sir Gerard. "The Impact of a Bill of Rights on the Role of the Judiciary: An Australian Perspective." In Promoting Human Rights Through Bills of Rights: Comparative Perspectives. Oxford University PressOxford, 2000. http://dx.doi.org/10.1093/oso/9780198258223.003.0012.

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Abstract Since the abolition of the last avenues of appeal from the Australian Courts to the Privy Council, we have broadened our focus of interest in the laws and Courts of countries in the common law tradition. The heritage of the common law allows each country to draw on the experience of others, especially when their societies are similar in culture and their constitutional institutions are comparable. Australia therefore has a particular interest in the Canadian experience of the last decade or more, when the Courts of Canada have been administering the Canadian Charter of Rights and Free
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"7. Court of Claims." In The Federal Court of Canada. University of Toronto Press, 1997. http://dx.doi.org/10.3138/9781442681262-011.

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Conference papers on the topic "Canada. Federal Court of Appeal"

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Budevici-Puiu, Liliana, and Ruslan Berzoi. "Specificity of arbitration in sports law." In The International Scientific Congress "Sports. Olimpysm. Health". SOH 2023. 8th Edition. The State University of Physical Education and Sport, 2025. https://doi.org/10.52449/soh23.09.

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Sport represents a social and economic phenomenon in continuous development, with an important contribution to the fulfillment of national strategic objectives, especially those regarding solidarity and prosperity. Being a dynamic sector in continuous growth, with a macro economic impact, however underestimated, sport can contribute to economic sustainability and job creation, thus serving as a tool for local and regional development, including urban or rural regeneration. At the same time, an increasing part of the economic value of sport is related to intellectual property rights, namely cop
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Reports on the topic "Canada. Federal Court of Appeal"

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Bernard, Sophie, Florence Lapointe, and Julien Martin. Where does our plastic waste go? CIRANO, 2024. http://dx.doi.org/10.54932/fkay1101.

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Last Fall, the Federal Court declared invalid and unlawful the federal government Order that classified plastic articles as toxic under the Environmental Protection Act. The government quickly appealed the decision and the Federal Court of Appeal granted a stay motion which prevents the Federal court ruling from taking effect while the appeal is ongoing. Therefore, the Single-use Plastics Prohibition Regulations remain in force. Despite an acknowledgement that Canada must fight against plastic pollution, Canadian exports of plastic waste amounted to almost 175 thousand tonnes in 2022, hardly a
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Hamici, Anastasia-Lina, and Margo Hilbrecht. Fertility treatment in Canada. The Vanier Institute of the Family, 2025. https://doi.org/10.61959/mvmz3030e.

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Since the birth of the first baby conceived through in vitro fertilization (IVF) in the UK in 1978, millions of people around the world have built their families using fertility treatments. One in six people of reproductive age worldwide experience infertility in their lifetime. That statistic does not account for single parents by choice, for 2SLGBTQI+ couples wanting to have children, or for those who require fertility preservation for medical reasons (such as a cancer diagnosis), who will need fertility care to form their families. Although it is often the only option for those who want to
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