Wikipedia

Federal Court of Appeal

(Redirected from Canadian Federal Court of Appeal)
This article is about the Canadian federal appellate court. For the United States appellate circuits, see United States courts of appeals. For the Federal Circuit in the United States, see United States Court of Appeals for the Federal Circuit.

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
Map
Established2003
JurisdictionCanada
LocationOttawa, Ontario
Authorized byConstitution Act, 1867, Federal Courts Act and Courts Administration Service Act
Appeals toSupreme Court of Canada
Number of positionsChief Justice and 17 other justices
Websitewww.fca-caf.gc.ca
Chief Justice
CurrentlyYves de Montigny
SinceNovember 9, 2023

History

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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 jurisdiction

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

Original jurisdiction

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The 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

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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.[4]

Notable decisions

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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.[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

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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

[10]

See also

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References

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  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. ^ Federal Courts Act, R.S.C., 1985, c. F-7, s. 28.
  4. ^ Judges Act, R.S.C., 1985, c. J-1, ss. 10(a), (b), 28(4)
  5. ^ "Court of Appeal upholds landmark ruling on rights of Métis". CBC News. Retrieved 2016-02-23.
  6. ^ "Court dismisses federal appeal over niqab at citizenship ceremonies". The Globe and Mail. Retrieved 2016-02-23.
  7. ^ Supernumerary.
  8. ^ Supernumerary.
  9. ^ Supernumerary.
  10. ^ https://www.fca-caf.ca/en/pages/about-the-court/judges
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