Strategic priorities for the Federal Court

In a nutshell

The CBA’s Intellectual Property and Immigration Law Sections support the Federal Court’s strategic priorities to improve access to justice and accelerate court modernization. They also offer practical recommendations to help achieve these goals more effectively.

Improving access to justice

One of the most impactful ways to improve access to justice is to give better access to materials filed with the Court. The CBA recommends that the Court work “towards posting all non-confidential materials filed” -- including precedents, unpublished orders, and other useful information -- on the electronic docket.

The CBA also notes that the surge in the number of immigration applications since COVID has not been matched by increased resources, adding pressures on access to justice. CBA members report repeated case refusals—sometimes two or three times—for nearly identical reasons. The CBA suggests that the Court consider awarding costs in such instances based on “special reasons,” a measure it believes would improve access to justice.

Modern tools and artificial intelligence

The CBA offers to assist with training to improve user experience with electronic tools and to collaborate with the Court on the efficient use of AI.

The Intellectual Property Law Section “applauds the Federal Court’s statement that it will not use generative AI to write court decisions.”

Judicial independence and recruitment

In line with the CBA’s recent resolution calling for the removal of residency requirements for Federal Court judges, the submission points out how the change would promote greater diversity on the bench.And finally, the Intellectual Property Section encourages the Court to “monitor the upcoming changes in Ontario and the recent changes in Quebec, as well as changes that may follow in other provinces.”

Read the submission.