Federal Court (Canada)

History

The court was created on July 2, 2003, by amendments to the Federal Court Act, which was renamed the Federal Courts Act. The amendments split the former Federal Court of Canada into two separate courts. The Trial Division of the former court became the Federal Court, while the Appeal Division became the Federal Court of Appeal.

The former Federal Court of Canada was the successor to the Exchequer Court of Canada, which was set up in 1875 by the Liberal government of Prime Minister Alexander Mackenzie. That court was primarily a revenue court, to govern disputes over federal taxation, and also civil claims against the federal government. It was succeeded in 1971 by the Federal Court of Canada, with the two divisions, trial and appellate, and a much-expanded jurisdiction, to cover matters such as immigration, patents and copyrights, and judicial review of federal boards, commissions and agencies. The 2003 amendments split the Federal Court of Canada into the current Federal Court and Federal Court of Appeal.

On October 24, 2008, the Federal Court was given its own armorial bearings by the Governor General, the third court in Canada to be given its own coat of arms – after the Court Martial Appeal Court of Canada and Ontario Superior Court of Justice. The coat of arms features a newly created fantastical creature, the winged sea caribou, as the supporters, representing the provision of justice on air, land and sea.

Structure

The Federal Court consists of a chief justice, an associate chief justice, and 35 full-time judges, along with nine supernumerary judges, and eight associate judges.

The salaries of the judges and associate judges are reviewed every four years by the federal Judicial Compensation and Benefits Commission. As of April 1, 2025, the chief justice and associate chief justice receive $455,000 while other judges receive $414,900 annually.

Law clerks are hired for one-year terms to help the judges research and prepare decisions. They are generally assigned to a particular judge.

Administration

The Courts Administration Service provides registry services to several federal courts, including the Federal Court. The Federal Court Registry is located in Ottawa, with regional offices throughout the country. The Registry in Ottawa maintains all original court files, with certified copies maintained in regional offices. The Registry provides clerical services and other administrative support to the Court, and provides clerical services and procedural guidance to litigants.

Jurisdiction

Outline

The Federal Court’s authority comes from the Federal Courts Act. The court can only hear cases where a federal statute confers jurisdiction on the court to hear cases of that type. The subject-matter of a grant of jurisdiction must be within federal legislative authority.

The Federal Court's jurisdiction is civil in nature. Trials and applications are conducted by a single judge, and never with a jury. The court hears cases in the following areas of law:

• Administrative law
• Citizenship, immigration and refugee law
• Judicial review of Veterans Review and Appeal Board of Canada decisions,
• Intellectual property law,
• Admiralty (maritime) law,
• National security law,
• Cases involving federally-regulated industries such as railway tariff disputes,
• Aboriginal law, and
• Claims against the Government of Canada.

These instances of jurisdiction may either be exclusive or concurrent with provincial superior courts, depending on the statute. The court has the authority to judicially review the decisions made by federal boards, commissions, and administrative tribunals, and to resolve lawsuits against the federal government.

Because it is a superior court of national jurisdiction, judgments are enforceable across Canada.

Immigration matters

More than 50% of the court's workload consisted of immigration and refugee cases in 2020, comprising 6,424 immigration-related matters commenced. By the end of 2024, that number had increased to 24,667 immigration-related matters commenced in 2024, which represented an increase of 44% over the year prior and quadruple the number of immigration-related cases prior to the COVID-19 pandemic. In March 2025, the Court published a notice regarding the backlog and delays in document processing times, due primarily to the increase in the number of immigration-related matters. In May 2025, the court published a special order extending certain deadlines for key immigration documents in order to alleviate the burden for the judiciary and court staff.

Appeal process

Most decisions of the Federal Court may be appealed to the Federal Court of Appeal. However, decisions relating to immigration and citizenship may not be appealed unless the Federal Court certifies that the decision raises a "serious question of general importance".

In rare cases, the parties to a decision of the Federal Court can jointly seek to appeal directly to the Supreme Court of Canada, bypassing the Federal Court of Appeal in an appeal per saltum. The parties must both consent to the application, and the Supreme Court then decides whether to grant leave to appeal.

Judges and associate judges

Source: Federal Court: Members of the Court

Chief Justice and Associate Chief Justice

Judges

Associate judges

Former judges, prothonotaries, and associate judges

Source: Federal Court: Members of the Court

Chief Justice

Judges

Prothonotaries

Associate judges

Notes to tables

References

References

1. {{Cite canlaw. (1985). (2002)
2. (January 4, 2013). "The Federal Court's Coat of Arms".
3. "Federal Court of Canada Members". Federal Court, Canada.
4. [https://www.fja-cmf.gc.ca/appointments-nominations/guideCandidates-eng.html#Remuneration Office of the Commissioner for Federal Judicial Affairs Canada: Guide for Candidates.]
5. "Courts Administration Service". Government of Canada.
6. "Registry Offices". Government of Canada.
7. "Registry Services". Government of Canada.
8. [https://www.fct-cf.ca/en/pages/about-the-court/reports-and-statistics/statistics-december-31-2024 Federal Court of Canada: Activity Summary - January 1, 2024 to December 31, 2024.]
9. {{Cite canlaw. (1985)
10. {{Cite canlaw. (1985)
11. (July 7, 2021). "About the Court - Jurisdiction".
12. {{Cite canlaw. (1985)
13. "Federal Court Statistics". Federal Court, Canada.
14. "Statistics (December 31, 2024)".
15. (December 6, 2024). "Courts warn of 'critical' budget pressures as immigration cases delayed in Canada's 3 largest cities".
16. "Delays in processing documents - Update".
17. (May 22, 2025). "Canada Extends Time Limit for Immigration Judicial Review Applications".
18. "Federal Court grants more time for Application Records in immigration judicial reviews".
19. "Certified Questions (Immigration/Citizenship)".
20. "Certified Questions and the Federal Court of Appeal".
21. {{Cite canlaw. (1985)
22. [https://www.fct-cf.ca/en/pages/about-the-court/members-of-the-court Federal Court: Members of the Court]; current to June 21, 2025.
23. "Government of Canada announces judicial appointments to the Federal Court".