Supreme Court Of Canada Clarifies Boundaries Between Provincial And Federal Courts

Robert Strickland and five other applicants sought to challenge the Federal Child Support Guidelines as unlawful. They argue that the Guidelines are not authorized by the Divorce Act. Unfortunately, this important issue, despite having been litigated all the way to the Supreme Court of Canada, will have to be re-litigated. The Court dismissed the applicants’ claim because the provincial superior courts are a better forum for such an application because of those courts’ expertise in divorce and child support matters.

First, the Supreme Court held that a provincial superior court can hear and determine a challenge to the legality of the Guidelines where that determination is a necessary step in disposing of support proceedings properly before it. The Court rejected the applicants’ argument that the Federal Court has exclusive jurisdiction to declare federal regulations unlawful. As the Court explained, the Federal Court has concurrent jurisdiction with the provincial