Federal_Court_(Canada)

Federal Court (Canada)

Federal Court (Canada)

Canadian federal trial court


The Federal Court (French: Cour fédérale) is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction.

Quick Facts Established, Location ...

History

The court was created on July 2, 2003, by the Courts Administration Service Act[1] when it and the Federal Court of Appeal were split from their predecessor, the Federal Court of Canada (which had been created June 1, 1971, through the enactment of the Federal Court Act, subsequently renamed the Federal Courts Act.[2] The court's authority comes from the Federal Courts Act.

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.[3]

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. [4]

Law clerks are hired for not more than a one-year terms to help the judges research and prepare decisions. They are generally assigned to a particular judge.

Judges' salaries are determined annually by the Judicial Compensation and Benefits Commission. The chief justice receives $315,900, while other judges receive $288,100 annually.[5]

Administration

The Courts Administration Service provides registry services to multiple Canadian courts, including the Federal Court.[6] 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.[7] The Registry provides clerical services and other administrative support to the Court, and provides clerical services and procedural guidance to litigants.[8]

Jurisdiction

The Federal Court cannot hear any case unless a federal statute confers jurisdiction on the court to hear cases of that type.

The Federal Court hears cases in the following areas of law:[9]

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 by or against the federal government.

More than 50% of the court's workload consists of immigration and refugee cases.[10]

Decisions of the Federal Court may be appealed to the Federal Court of Appeal. Because it is a superior court of national jurisdiction, judgments are enforceable across Canada without the need for certification by the courts of a specific province.

Judges and associate judges

More information Name, Appointed ...

The associate judges of the court by seniority are:

  • Mireille Tabib
  • Martha Milczynski
  • Kevin R. Aalto
  • Kathleen Marie Ring
  • Alexandra Steele
  • Sylvie M. Molgat
  • Catherine A. Coughlan
  • L.E. Trent Horne

Former judges

Chief Justice
  • Allan Lutfy: July 3, 2003 – September 30, 2011[note 1]
Puisne judges
More information Name, Date of appointment ...

See also

Notes

  1. Lutfy was Associate Chief Justice of the Federal Court of Canada from December 8, 1999, until the reorganisation.
  2. Served on the Federal Court of Canada–Trial Division from August 5, 1982, until the reorganisation.
  3. Served on the Federal Court of Canada–Trial Division from October 29, 1985, until the reorganisation.
  4. Served on the Federal Court of Canada–Trial Division from September 2, 1988, until the reorganisation.
  5. Served on the Federal Court of Canada–Trial Division from April 1, 1993, until the reorganisation.
  6. Served on the Federal Court of Canada–Trial Division from June 23, 1998, until the reorganisation.
  7. Served on the Federal Court of Canada–Trial Division from December 8, 1999, until the reorganisation.
  8. Served on the Federal Court of Canada–Trial Division from January 25, 2002, until the reorganisation.
  9. Served on the Federal Court of Canada–Trial Division from December 11, 2002, until the reorganisation.

References

  1. "Courts Administration Service Act". canlii.ca.
  2. Federal Courts Act, RSC 1985, c. F-7.
  3. "The Federal Court's Coat of Arms". Federal Court. 4 January 2013. Archived from the original on 26 March 2015. Retrieved 21 May 2015.
  4. "Federal Court of Canada Members". Federal Court, Canada. Retrieved February 18, 2020.
  5. Judges Act, s 10
  6. "Role and Mandate". Courts Administration Service. Government of Canada. Retrieved 24 February 2024.
  7. "Registry Offices". Federal Court. Government of Canada. Retrieved 24 February 2024.
  8. "Registry Services". Federal Court. Government of Canada. Retrieved 24 February 2024.
  9. "About the Court - Jurisdiction". Federal Court. 7 July 2021. Retrieved 24 February 2024.
  10. "Federal Court Statistics". Federal Court, Canada. Retrieved February 18, 2020.

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