Federal Court of Appeal

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.

Original jurisdiction

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

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.

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.

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.

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.

Appointments

References

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. 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".
6. "Court dismisses federal appeal over niqab at citizenship ceremonies".
7. Supernumerary.
8. Supernumerary.
9. Supernumerary.