The Federal Court of Appeal (French: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters.
| Federal Court of Appeal | |
|---|---|
 | |
| Established | 2003 |
| Jurisdiction | Canada |
| Location | Ottawa, Ontario |
| Authorized by | Constitution Act, 1867, Federal Courts Act and Courts Administration Service Act |
| Appeals to | Supreme Court of Canada |
| Number of positions | Chief Justice and 17 other justices |
| Website | www.fca-caf.gc.ca |
| Chief Justice | |
| Currently | Yves de Montigny |
| Since | November 9, 2023 |
History
editSection 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "additional Courts for the better Administration of the Laws of Canada". In 1971, Parliament created the Federal Court of Canada, which consisted of two divisions: the Trial Division (which replaced the Exchequer Court of Canada) and the Appeal Division.
On July 2, 2003, the Courts Administration Service Act split the Federal Court of Canada into two separate courts, with the Federal Court of Appeal succeeding the Appeal Division and the new Federal Court succeeding the Trial Division.
Appellate jurisdiction
editThe Federal Court of Appeal hears appeals from the Federal Court and the Tax Court of Canada.[1]
Original jurisdiction
editThe Federal Court of Appeal has original jurisdiction over applications for judicial review and appeals in respect of certain federal tribunals.[2]
Federal tribunals that are subject to judicial review under s. 28 of the Federal Court Act include the Canadian Radio-television and Telecommunications Commission, the Canadian International Trade Tribunal, the Canadian Energy Regulator, the Canada Industrial Relations Board, the Copyright Board, the Canadian Transportation Agency, the Competition Tribunal, the Public Servants Disclosure Protection Tribunal and the Specific Claims Tribunal established by the Specific Claims Tribunal Act.[3]
Salaries
editSalaries are determined annually by the Judicial Compensation and Benefits Commission. As of 2020, the chief justice's salary is $344,400 and the other judges, including the supernumerary judges, earn $314,100 annually.[4]
Notable decisions
editIn April 2014, the court ruled in favour of the Métis people in a case involving extending protections to Aboriginal peoples in Canada who lived off-reserve.[5]
In September 2015, the court dismissed an appeal by the Government of Canada over a ruling by the Federal Court that found a rule banning the Niqāb at citizenship ceremonies to be unconstitutional.[6]
Appointments
edit| Name | Date appointed | Nominated by prime minister | Prior judicial office |
|---|---|---|---|
| Yves De Montigny | 2015 2023 (as Chief Justice) |
Harper Trudeau (as Chief Justice) |
Federal Court |
| David W. Stratas | 2009 | Harper | Partner at Heenan Blaikie LLP |
| Wyman W. Webb[7] | 2012 | Harper | Tax Court |
| Richard Boivin | 2014 | Harper | Federal Court |
| Donald J. Rennie | 2015 | Harper | Federal Court |
| Mary J.L. Gleason | 2015 | Harper | Federal Court |
| Judith Woods[8] | 2016 | Trudeau | Tax Court |
| John B. Laskin | 2017 | Trudeau | Partner at Torys LLP |
| George R. Locke | 2019 | Trudeau | Federal Court |
| Anne Mactavish[9] | 2019 | Trudeau | Federal Court, Canadian Human Rights Commission |
| René Leblanc | 2020 | Trudeau | Federal Court |
| Siobhan Monaghan | 2021 | Trudeau | Tax Court |
| Sylvie Roussel | 2022 | Trudeau | Federal Court |
| Nathalie Goyette | 2022 | Trudeau | Partner, Davies |
| Gerald Heckman | 2023 | Trudeau | Professor, University of Manitoba |
| Monica Biringer | 2023 | Trudeau | Tax Court |
| Elizabeth Walker | 2024 | Trudeau | Federal Court |
| Vanessa Rochester | 2024 | Trudeau | Federal Court |
| Panagiotis Pamel | 2024 | Trudeau | Federal Court |
See also
editReferences
edit- ^ Federal Courts Act, R.S.C., 1985, c. F-7, ss. 27.
- ^ Federal Courts Act, R.S.C., 1985, c. F-7, s. 28.
- ^ Federal Courts Act, R.S.C., 1985, c. F-7, s. 28.
- ^ Judges Act, R.S.C., 1985, c. J-1, ss. 10(a), (b), 28(4)
- ^ "Court of Appeal upholds landmark ruling on rights of Métis". CBC News. Retrieved 2016-02-23.
- ^ "Court dismisses federal appeal over niqab at citizenship ceremonies". The Globe and Mail. Retrieved 2016-02-23.
- ^ Supernumerary.
- ^ Supernumerary.
- ^ Supernumerary.
- ^ https://www.fca-caf.ca/en/pages/about-the-court/judges