The court noted that the U.S. Supreme Court had long ago decided that the Indiana teacher tenure
statute created contractual rights that are protected
by the
federal Impairment of Contracts Clause.
Provincial superior courts recognized
by s. 96 «have always occupied a position of prime importance in the constitutional pattern of this country», and the
Federal Court,
by contrast, «has only the jurisdiction conferred
by statute», and being a statutory court,
created under the constitutional authority of s. 101, does not have inherent jurisdiction (emphasis in original).