Federal Competence: Intellectual Property, Tax And Competition Matters

The Federal Courts of Canada, including the Federal Court, Federal Court of Appeal, and Tax Court of Canada, occupy a unique position within the Canadian judicial system. Unlike provincial superior courts, which possess inherent jurisdiction, the Federal Courts are statutory courts. This distinction is critical to understanding the scope and limitations of Federal Courts' authority.

The Federal Courts' jurisdiction is limited to matters explicitly assigned to it by federal law. Key areas of jurisdiction include: (i) intellectual property; (ii) competition law; and (iii) tax.

This article will explore at a high-level the limits of the Federal Court's jurisdiction over these matters.

The Test for Federal Courts Jurisdiction