During pre-Confederation negotiations, the creation of a national court had been contemplated to deal with matters relating to federal law.
[1] Prime Minister John A. Macdonald made several attempts between 1869 and 1873 to create a national court under the powers granted to Parliament under s. 101 of the Constitution Act, 1867.
The Exchequer Court shall have and possess concurrent original jurisdiction in the Dominion of Canada, in all cases in which it shall be sought to enforce any law of the Dominion of Canada relating to the revenue, including actions, suits, and proceedings, by way of information, to enforce penalties and proceedings by way of information in rem, and as well in qui tam suits for penalties or forfeitures as where the suit is on behalf of the Crown alone; and the said Court shall have exclusive original jurisdiction in all cases in which demand shall be made or relief sought in respect of any matter which might in England by the subject of a suit or action in the Court of Exchequer on its revenue side against the Crown, or any officer of the Crown.
[8] George W. Burbidge, a lawyer from New Brunswick, was the first Exchequer Court judge appointed under this new arrangement.
[11] Separate courts existed in British Columbia, Lower Canada, New Brunswick and Nova Scotia.
"[18] The extent of this jurisdiction was held to be only that which existed on 1 July 1891, in an appeal decided in 1927 by the Judicial Committee of the Privy Council.
[19] This situation only changed after the Statute of Westminster 1931 came into force, after which Canada passed the Admiralty Act 1934,[20] which broadened Canadian admiralty jurisdiction to match that of the High Court of England at that time: 18(1) The jurisdiction of the Court on its Admiralty side shall extend to and be exercised in respect of all navigable waters, tidal and non-tidal, whether naturally navigable or artificially made so, and although such waters be within the body of a county or other judicial district, and, generally, such jurisdiction shall, subject to the provisions of this Act, be over the like places, persons, matters and things as the Admiralty jurisdiction now possessed by the High Court of Justice in England, whether existing by virtue of any statute or otherwise, and be exercised by the Court in like manner and to as full an extent as by such High Court.
The Trial Division had jurisdiction to hear judicial review of decisions of federal boards and tribunals, including most immigration matters, as well as jurisdiction in admiralty, intellectual property, and disputes involving the federal government.
The Appeal Division had jurisdiction to hear appeals of decisions of the Trial Division, as well as to determine applications for judicial review of decisions made by specific boards and tribunals, set out in section 28 of the Federal Court Act.
Some pre-trial steps such as motions were decided by prothonotaries, a role similar to a master in other courts.
The docket of the court primarily consisted of judicial reviews of immigration, intellectual property, and federal employment disputes.