Federal Court of Appeal

  (Redirected from Federal Court of Appeal (Canada))

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
Established2003
LocationOttawa, Ontario
Authorized byConstitution Act, 1867, Federal Courts Act and Courts Administration Service Act
Number of positions12
Websitewww.fca-caf.gc.ca
Chief Justice
CurrentlyMarc Noël
SinceOctober 17, 2014

HistoryEdit

Section 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 jurisdictionEdit

The Federal Court of Appeal hears appeals from the Federal Court and the Tax Court of Canada.[1]

Original jurisdictionEdit

The Federal Court of Appeal has original jurisdiction over applications for judicial review and appeals in respect certain federal tribunals.[2]

SalariesEdit

Salaries 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.[3]

Notable decisionsEdit

In 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.[4]

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.[5]

AppointmentsEdit

Name Date appointed Retirement date Nominated by prime minister Prior judicial office
Marc Noël (Chief Justice) June 23, 1998
October 9, 2014 (as Chief Justice)
October 31, 2023 Jean Chrétien Federal Court
Marc Nadon[6] December 14, 2001 September 7, 2024 Jean Chrétien Federal Court
J.D. Denis Pelletier[7] December 14, 2001 December 4, 2023 Jean Chrétien Federal Court
David W. Stratas December 11, 2009 October 21, 2035 Stephen Harper None (Partner at Heenan Blaikie LLP)
Johanne Gauthier[8] October 21, 2011 September 11, 2030 Stephen Harper Federal Court
Wyman W. Webb October 5, 2012 x Stephen Harper Tax Court
David G. Near February 8, 2013 x Stephen Harper Federal Court
Richard Boivin April 11, 2014 x Stephen Harper Federal Court
Donald J. Rennie February 27, 2015 x Stephen Harper Federal Court
Yves De Montigny June 19, 2015 July 12, 2030 Stephen Harper Federal Court
Mary J.L. Gleason June 19, 2015 x Stephen Harper Federal Court
Judith Woods[9] June 16, 2016 x Justin Trudeau Tax Court
John B. Laskin June 21, 2017 x Justin Trudeau None (Partner at Torys LLP)
Marianne Rivoalen September 20, 2018 x Justin Trudeau Manitoba Court of Queen's Bench
George R. Locke March 7, 2019 x Justin Trudeau Federal Court
Anne Mactavish June 22, 2019 x Justin Trudeau Federal Court, Canadian Human Rights Commission
René Leblanc April 29, 2020 x Justin Trudeau Federal Court

See alsoEdit

ReferencesEdit

  1. ^ Federal Courts Act, R.S.C., 1985, c. F-7, ss. 27.
  2. ^ Federal Courts Act, R.S.C., 1985, c. F-7, s. 28.
  3. ^ Judges Act, R.S.C., 1985, c. J-1, ss. 10(a), (b), 28(4)
  4. ^ "Court of Appeal upholds landmark ruling on rights of Métis". CBC News. Retrieved 2016-02-23.
  5. ^ "Court dismisses federal appeal over niqab at citizenship ceremonies". The Globe and Mail. Retrieved 2016-02-23.
  6. ^ Supernumerary.
  7. ^ Supernumerary.
  8. ^ Supernumerary.
  9. ^ Supernumerary.

External linksEdit