Federal Court of Appeal
Established2003
JurisdictionCanada
LocationOttawa, Ontario
Authorized byConstitution Act, 1867, Federal Courts Act and Courts Administration Service Act
Appeals toSupreme Court of Canada
Number of positions12
Websitewww.fca-caf.gc.ca
Chief Justice
CurrentlyYves de Montigny
SinceNovember 9, 2023

The Federal Court of Appeal (French: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters.

History

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

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

Original jurisdiction

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

Salaries

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 decisions

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]

Appointments

Name Date appointed Nominated by prime minister Prior judicial office
J.D. Denis Pelletier[6]2001ChrétienFederal Court
David W. Stratas2009HarperPartner at Heenan Blaikie LLP
Johanne Gauthier[7]2011HarperFederal Court
Wyman W. Webb[8]2012HarperTax Court
Richard Boivin2014HarperFederal Court
Donald J. Rennie2015HarperFederal Court
Yves De Montigny2015
2023 (as Chief Justice)		Harper
Trudeau (as Chief Justice)		Federal Court
Mary J.L. Gleason2015HarperFederal Court
Judith Woods[9]2016TrudeauTax Court
John B. Laskin2017TrudeauPartner at Torys LLP
George R. Locke2019TrudeauFederal Court
Anne Mactavish[10]2019TrudeauFederal Court, Canadian Human Rights Commission
René Leblanc2020TrudeauFederal Court
Siobhan Monaghan2021TrudeauTax Court
Sylvie Roussel2022TrudeauFederal Court
Nathalie Goyette2022TrudeauPartner, Davies
Gerald Heckman2023TrudeauProfessor, University of Manitoba
Monica Biringer2023TrudeauTax Court

See also

References

  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.
  10. ↑ Supernumerary.
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