The Constitutional Federal Question in the Lower Federal Courts of the United States and Canada

In the midst of Canada's struggle to redefine federal and provincial sovereignty, the province of British Columbia has proposed a merger of the Federal Court of Canada into the provincial courts. Such a merger would be tantamount to the abolition of the Federal Court. This Article compares the Canadian and U.S. experience with the lower federal courts in an attempt to place into perspective the seemingly radical proposal of eliminating the Federal Court of Canada. The author argues that the Federal Court of Canada does not play an indispensable role in the administration of Canadian federalism.

Moreover, the abolition of the Federal Court would not impair the authority of Canada's federal government. The Article concludes that the proposal to eliminate the Federal Court is less controversial and significant from the Canadian perspective than it would be if made in the United States.