Federal Court of Appeal

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
This article is about the Canadian federal appellate court. For the United States appellate circuits, see United States courts of appeals.

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 Retirement date Nominated by prime minister Prior judicial office
Marc Noël (Chief Justice)June 23, 1998
October 9, 2014 (as Chief Justice)		October 31, 2023Jean ChrétienFederal Court
Marc Nadon[6]December 14, 2001September 7, 2024Jean ChrétienFederal Court
J.D. Denis Pelletier[7]December 14, 2001December 4, 2023Jean ChrétienFederal Court
David W. StratasDecember 11, 2009October 21, 2035Stephen HarperNone (Partner at Heenan Blaikie LLP)
Johanne Gauthier[8]October 21, 2011September 11, 2030Stephen HarperFederal Court
Wyman W. WebbOctober 5, 2012xStephen HarperTax Court
David G. NearFebruary 8, 2013xStephen HarperFederal Court
Richard BoivinApril 11, 2014xStephen HarperFederal Court
Donald J. RennieFebruary 27, 2015xStephen HarperFederal Court
Yves De MontignyJune 19, 2015July 12, 2030Stephen HarperFederal Court
Mary J.L. GleasonJune 19, 2015xStephen HarperFederal Court
Judith Woods[9]June 16, 2016xJustin TrudeauTax Court
John B. LaskinJune 21, 2017xJustin TrudeauNone (Partner at Torys LLP)
Marianne RivoalenSeptember 20, 2018xJustin TrudeauManitoba Court of Queen's Bench
George R. LockeMarch 7, 2019xJustin TrudeauFederal Court
Anne MactavishJune 22, 2019xJustin TrudeauFederal Court, Canadian Human Rights Commission
René LeblancApril 29, 2020xJustin TrudeauFederal 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.
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