The Supreme Court of Canada ruled that the Federal Court does not have inherent jurisdiction:
To decide whether the Federal Court has jurisdiction over a claim, it is necessary to determine the essential nature or character of that claim. Determining the claim’s essential nature allows the court to assess whether it falls within the scope of s. 23 (c) of the Federal Courts Act , which grants jurisdiction to the Federal Court only when a claim for relief has been made, or a remedy has been sought, “under an Act of Parliament or otherwise”. ….
The Federal Court has only the jurisdiction it has been conferred by statute: it is a statutory court, without inherent jurisdiction. Accordingly, the language of the Federal Courts Act is completely determinative of the scope of the Court’s jurisdiction. Parliament established the Federal Court pursuant to its competence, under s. 101 of the Constitution Act, 1867 , to establish “additional Courts for the better Administration of the Laws of Canada”.
Windsor (City) v. Canadian Transit Co., 2016 SCC 54
Windsor (City) v. Canadian Transit Co.
|Collection||Supreme Court Judgments|
|Neutral citation||2016 SCC 54|
|Judges||McLachlin, Beverley; Abella, Rosalie Silberman; Cromwell, Thomas Albert; Moldaver, Michael J.; Karakatsanis, Andromache; Wagner, Richard; Gascon, Clément; Côté, Suzanne; Brown, Russell|
|On appeal from||Federal Court of Appeal|
|Notes||SCC Case Information: 36465|