Federal Courts invite public feedback on the conduct of a global review of its rules

The Federal Courts Rules Committee has initiated a comprehensive review of the Federal Courts Rules and has invited the public to participate in the process.

With the last global review conducted over a decade ago, this effort aims to modernize and streamline court procedures, reflecting technological advancements and current legal practices. The committee has opened a consultation period from April 2 to July 2, during which stakeholders and the public can submit feedback on the proposed changes and suggest additional amendments.

The report of the 2012 Sub-Committee expressed “a high level of satisfaction” with the Rules. The 2024 review seeks to build on this foundation by addressing key areas that have evolved significantly over the past years, particularly regarding technology use in court proceedings.

Key proposals for amendment include updating rules to allow for the electronic service and filing of documents, eliminating references to outdated practices and technologies, and incorporating elements from the Federal Court of Appeal and the Federal Court's practice directions into the formal rules. Other significant changes are increasing the monetary limit for simplified actions, expanding the role of associate judges, and granting the registry discretionary power to accept or refuse non-compliant documents.

A notable area of reform is the modernization of rules regarding the electronic service of documents. The committee is contemplating making electronic service the default method, requiring parties to provide an email address with filed documents, and clarifying procedures for electronic filing.

The review also extends to procedural elements that have shown the need for updates due to jurisprudential developments and the shifting landscape of legal practice. These include amendments to better accommodate class actions and reflect procedural changes in provincial systems, especially those observed in Ontario.

The committee has stressed the importance of community and stakeholder input in ensuring that the Federal Courts Rules remain relevant and effective in facilitating justice. Participants are encouraged to provide feedback through a dedicated form, with detailed instructions available for those wishing to contribute. Detailed information about the review is available on the court’s website.