Federal Court (Canada)
Encyclopedia
The Federal Court 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. The court was created on July 2, 2003 by the Courts Administration Service Act when it and the Federal Court of Appeal
were split from their predecessor, the Federal Court of Canada
.
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
.
and thirty-two other judges. Currently, there are 28 full-time judges (leaving five vacancies in the Court), along with four supernumerary
judges, six deputy judges, and six prothonotaries
.
Law Clerks are hired for one-year terms to help the judges research and prepare decisions. They are generally assigned to a particular judge.
The salary of judges are determined annually by the Judicial Compensation and Benefits Commission. Chief Justice receives $254,600 while other judges receives $232,300 annually.
Some examples of the sort of cases heard by the Federal Court are:
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 decisions made by most federal boards, commissions, and administrative tribunals, and to resolve lawsuits by or against the federal government.
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.
The Deputy Judges of the court by seniority are:
The prothonotaries of the court by seniority are:
Federal Court of Appeal (Canada)
The Federal Court of Appeal is a Canadian appellate court that hears cases concerning federal matters arising from certain federal Acts. The court was created on July 2, 2003 by the Courts Administration Service Act when it and the Federal Court were split from its predecessor, the Federal Court of...
were split from their predecessor, the Federal Court of Canada
Federal Court of Canada
The Federal Court of Canada was a national court of Canada that heard some types of disputes arising under the central government's legislative jurisdiction...
.
On October 24, 2008, the Federal Court was given its own Armorial bearings by the Governor General
Governor General of Canada
The Governor General of Canada is the federal viceregal representative of the Canadian monarch, Queen Elizabeth II...
, the third court in Canada to be given its own Coat of Arms
Coat of arms
A coat of arms is a unique heraldic design on a shield or escutcheon or on a surcoat or tabard used to cover and protect armour and to identify the wearer. Thus the term is often stated as "coat-armour", because it was anciently displayed on the front of a coat of cloth...
- after the Court Martial Appeal Court of Canada
Court Martial Appeal Court of Canada
The Court Martial Appeal Court of Canada hears appeals from military courts .In Canada, courts martial are presided over by independent military judges from the office of the Chief Military Judge...
and Ontario Superior Court of Justice
Ontario Superior Court of Justice
The Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19, 1999...
.
Structure
The Federal Court consists of a Chief JusticeChief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
and thirty-two other judges. Currently, there are 28 full-time judges (leaving five vacancies in the Court), along with four supernumerary
Supernumerary
A Supernumerary is an additional member of an organization. A supernumerary is also a non-regular member of a staff, a member of the staff or an employee who works in a public office who is not part of the manpower complement...
judges, six deputy judges, and six prothonotaries
Prothonotary
The word prothonotary is recorded in English since 1447, as "principal clerk of a court," from L.L. prothonotarius , from Greek protonotarios "first scribe," originally the chief of the college of recorders of the court of the Byzantine Empire, from Greek protos "first" + Latin notarius ; the -h-...
.
Law Clerks are hired for one-year terms to help the judges research and prepare decisions. They are generally assigned to a particular judge.
The salary of judges are determined annually by the Judicial Compensation and Benefits Commission. Chief Justice receives $254,600 while other judges receives $232,300 annually.
Jurisdiction
The Federal Court cannot hear any case unless a federal statute confers jurisdiction on the Court to hear cases of that type.Some examples of the sort of cases heard by the Federal Court are:
- judicial review of immigration decisions,
- intellectual propertyCanadian patent lawCanadian patent law is the legal system regulating the granting of patents for inventions within Canada, and the enforcement of these rights in Canada.- Background :...
disputes, - cases involving admiralty (maritime) law,
- various aboriginal lawCanadian Aboriginal lawCanadian Aboriginal law is the body of Canadian law that concerns a variety of issues related to aboriginal peoples in Canada. Aboriginal law provides certain rights to land and traditional practices...
matters, and - claims against the Queen in Right 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 decisions made by most federal boards, commissions, and administrative tribunals, and to resolve lawsuits by or against the federal government.
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 prothonotaries
Name | Appointed | Nominated by | Position Prior to Appointment |
---|---|---|---|
Simon Noël Simon Noël Simon Noël is a judge currently serving on the Federal Court of Canada.From 1979-81, he acted as counsel on the Royal Commission of Inquiry into Certain Activities of the RCMP, and co-chief prosecutor on the Commission reviewing the Somalia Affair.He is a resident of Gatineau, Quebec.-References:... (Acting Chief Justice) |
2002 | Chretien | Lawyer at Noël & Associates |
Yvon Pinard Yvon Pinard Yvon Pinard, PC is a judge and former Canadian politician.Pinard was born the son of Jean-Jacques and Cécile Pinard and was educated at Immaculate Conception School in Drummondville... , P.C.(Supernumerary) |
1984 | Trudeau | Member of Parliament Member of Parliament A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,... for Drummond Drummond (electoral district) Drummond is a federal electoral district in Quebec, Canada, that has been represented in the Canadian House of Commons since 1968.It was created in 1966 from Drummond—Arthabaska, Nicolet—Yamaska and Richmond—Wolfe.-Geography:... Government House Leader |
Sandra J. Simpson Sandra J. Simpson -References:... |
1993 | Mulroney | Lawyer at Fraser Milner Casgrain LLP Fraser Milner Casgrain Fraser Milner Casgrain LLP is one of Canada’s leading business & litigation law firms. With more than 520 lawyers it is the sixth largest law firm in Canada as well as the largest law firm in Western Canada... |
Danièle Tremblay-Lamer Danièle Tremblay-Lamer Danièle Tremblay-Lamer is a judge currently serving on the Federal Court of Canada.-References:... (Supernumerary) |
1993 | Mulroney | Lawyer at the Department of Justice Department of Justice (Canada) The purpose of the Department of Justice is to ensure that the Canadian justice system is fair, accessible and efficient. The Department also represents the Canadian government in legal matters... |
Douglas R. Campbell Douglas R. Campbell Douglas R. Campbell is a judge currently serving on the Federal Court of Canada.-References:... (Supernumerary) |
1995 | Chretien | Provincial Court of British Columbia Provincial Court of British Columbia The Provincial Court of British Columbia is a trial level court in British Columbia that hears cases in criminal, civil and family matters.... |
Allan Lutfy Allan Lutfy Allan Lutfy QC is the current Chief Justice of the Federal Court of Canada. He will be retiring from his post on September 30, 2011.... (Supernumerary) |
1996 | Chretien | Lawyer at Lavery, de Billy LLP |
François Lemieux François Lemieux François Lemieux is a judge currently serving on the Federal Court of Canada.-References:... (Supernumerary) |
1999 | Chretien | Lawyer at Herridge, Tolmie, Gray, Coyne and Blair LLP Osler, Hoskin & Harcourt Osler, Hoskin & Harcourt LLP is one of Canada’s largest business law firms practising nationally and internationally from its offices in Toronto, Calgary, Montreal, Ottawa, and New York. It is one of Bay Street's "seven sisters". Clients include industry and business leaders in all segments of the... |
John A. O'Keefe John A. O'Keefe John Aloysius O'Keefe was a planetary scientist with the National Aeronautics and Space Administration from 1958 to 1995. He is credited with the discovery of Earth's "pear shape" using U.S. Vanguard satellite data collected in the late 1950s... |
1999 | Chretien | Lawyer at Foster O'Keefe LLP |
Elizabeth Heneghan Elizabeth Heneghan -References:... |
1999 | Chretien | Lawyer (Sole Practitioner) |
Dolores Hansen Dolores Hansen Dolores Hansen is a judge currently serving on the Federal Court of Canada.-References:... |
1999 | Chretien | Provincial Court of Alberta Provincial Court of Alberta The Provincial Court of Alberta is a Provincial Court for the Canadian province of Alberta. The court oversees matters relating to criminal law, family law, youth law, civil law and traffic laws.... |
Edmond P. Blanchard | 2000 | Chretien | New Brunswick Minister of Finance Department of Finance (New Brunswick) The Department of Finance is a part of the Government of New Brunswick. It is charged with New Brunswick's budgetary and tax policy and headed by the finance minister.... |
Michael A. Kelen Michael A. Kelen Michael A. Kelen is a judge serving on the Federal Court of Canada since 2003.-References:... |
2001 | Chretien | Lawyer |
Michel Beaudry Michel Beaudry Michel Beaudry is a judge currently serving on the Federal Court of Canada.-References:... |
2002 | Chretien | Lawyer at Beaudry, Bertrand |
Luc Martineau Luc Martineau -References:... |
2002 | Chretien | Lawyer (Sole Practitioner) |
Judith A. Snider Judith A. Snider Judith A. Snider is a judge currently serving on the Federal Court of Canada.-References:... |
2002 | Chretien | Vice Chair of the National Energy Board National Energy Board The National Energy Board is an independent economic regulatory agency created in 1959 by the Government of Canada to oversee "international and inter-provincial aspects of the oil, gas and electric utility industries"... |
James Russell James Russell James T. Russell is an American inventor. He earned a BA in physics from Reed College in Portland in 1953. He joined General Electric's nearby labs in Richland, Washington, where he initiated many types of experimental instrumentation... |
2002 | Chretien | Lawyer at McDougall Gauley |
James O'Reilly James O'Reilly (judge) James O'Reilly is a Canadian lawyer and Judge of the Federal Court of Canada. He was educated at Osgoode Hall Law School and was appointed to the Federal Court of Canada, Trial Division on December 12, 2002.-References:* at the... |
2002 | Chretien | Executive Legal Office of the Supreme Court of Canada Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... |
Sean J. Harrington Sean J. Harrington Sean J. Harrington is a judge serving on the Federal Court of Canada since 2003.-References:... |
2003 | Chretien | Lawyer at Borden Ladner Gervais LLP Borden Ladner Gervais Borden Ladner Gervais LLP is the largest full-service Canadian law firm. The Firm has over 750 lawyers, intellectual property agents and other professionals in offices in Calgary, Montréal, Ottawa, Toronto, Vancouver and Waterloo Region... |
Richard Mosley Richard Mosley A Canadian Federal Court trial judge, Richard Mosley has a background in National security interests, and has taken a role in hearing a number of Canadian anti-terrorism cases, including those relating to Abdullah and Omar Khadr, as well as Hassan Almrei. He has also taken a role in hearing the... |
2003 | Chretien | Assistant Deputy Minister, Criminal Law and Social Policy Department of Justice (Canada) The purpose of the Department of Justice is to ensure that the Canadian justice system is fair, accessible and efficient. The Department also represents the Canadian government in legal matters... |
Michel M.J. Shore Michel M.J. Shore Michel M.J. Shore is a judge currently serving on the Federal Court of Canada.-References:... |
2003 | Chretien | Immigration and Refugee Board Immigration and Refugee Board of Canada The Immigration and Refugee Board of Canada is an independent administrative tribunal. The IRB is responsible for applying the Canadian federal Immigration and Refugee Protection Act and for making decisions on immigration and refugee matters... |
Michael L. Phelan Michael L. Phelan Michael Lawlor Phelan is a judge of the Federal Court of Canada.-Career:Phelan was educated at Loyola College in Montreal and Dalhousie University Law School . He was called to the Bar of Ontario in 1973... |
2003 | Chretien | Lawyer at Ogilvy Renault LLP Norton Rose Norton Rose is an international legal practice offering a business law service from 39 offices across Europe, Asia Pacific, Canada, Africa and the Middle East... |
Anne L. Mactavish Anne Mactavish Anne L. Mactavish, a Canadian Federal Court trial judge, was born in Montreal, Quebec. Her education was at Bishop's University, University of New Brunswick and University of Ottawa. She was called to the Bar of Ontario in 1982. She became an Associate and Partner at Perley-Robertson, Panet,... |
2003 | Chretien | Chair of the Canadian Human Rights Tribunal Canadian Human Rights Tribunal The Canadian Human Rights Tribunal is an administrative tribunal established in 1977 by the Canadian Human Rights Act. It is directly funded by the Parliament of Canada and is independent of the Canadian Human Rights Commission which refers cases to it for adjudication under the Act.The Tribunal... |
Yves de Montigny Yves de Montigny Yves de Montigny is a judge currently serving on the Federal Court of Canada.-References:... |
2004 | Martin | Chief of Staff to the Minister of Justice Minister of Justice (Canada) The Minister of Justice is the Minister of the Crown in the Canadian Cabinet who is responsible for the Department of Justice and is also Attorney General of Canada .This cabinet position is usually reserved for someone with formal legal training... |
Roger T. Hughes Roger T. Hughes The Honourable Roger T. Hughes is a current Judge of the Federal Court of Canada.Roger T. Hughes, Q.C., obtained his LL.B. at the University of Toronto in 1966 and is called to the Bar in both Ontario and Alberta... |
2005 | Martin | Lawyer at Sim & McBurney LLP |
Robert L. Barnes Robert L. Barnes Robert L. Barnes is a judge currently serving on the Federal Court of Canada.-References:... |
2006 | Martin | Lawyer at Burchell, Hayman, Parish |
Leonard S. Mandamin Leonard S. Mandamin Leonard S. Mandamin is a judge currently serving on the Federal Court of Canada.-References:... |
2007 | Harper | Provincial Court of Alberta Provincial Court of Alberta The Provincial Court of Alberta is a Provincial Court for the Canadian province of Alberta. The court oversees matters relating to criminal law, family law, youth law, civil law and traffic laws.... |
Russel Zinn Russel Zinn Russel Zinn a Canadian Federal Court trial judge, was born in Stratford, Ontario. His education was at Carleton University, and the University of Ottawa. He was called to the Bar of Ontario in 1981. He became an Associate and Partner at Gowling & Henderson from 1981 to 1993. He left to establish... |
2008 | Harper | Lawyer at Ogilvy Renault LLP Norton Rose Norton Rose is an international legal practice offering a business law service from 39 offices across Europe, Asia Pacific, Canada, Africa and the Middle East... |
David Near | 2009 | Harper | Senior Counsel at Environment Canada Environment Canada Environment Canada , legally incorporated as the Department of the Environment under the Department of the Environment Act Environment Canada (EC) (French: Environnement Canada), legally incorporated as the Department of the Environment under the Department of the Environment Act Environment... |
Richard Boivin | 2009 | Harper | Associate Senior General Counsel with Aboriginal Affairs |
Paul S. Crampton | 2009 | Harper | Lawyer at Osler, Hoskin & Harcourt LLP Osler, Hoskin & Harcourt Osler, Hoskin & Harcourt LLP is one of Canada’s largest business law firms practising nationally and internationally from its offices in Toronto, Calgary, Montreal, Ottawa, and New York. It is one of Bay Street's "seven sisters". Clients include industry and business leaders in all segments of the... |
Marie-Josée Bédard | 2010 | Harper | Vice Chair of the Public Service Labour Relations Board |
André F.J. Scott | 2010 | Harper | Chair of the Canadian International Trade Tribunal Canadian International Trade Tribunal The Canadian International Trade Tribunal is an independent quasi-judicial body operating in Canada's trade remedy system. The administrative tribunal, which considers cases of dumping and subsidizing, reports to Parliament through the Minister of Finance. The organization hears appeals, conducts... |
Donald J. Rennie | 2010 | Harper | Assistant Deputy Attorney General (Litigation) Department of Justice (Canada) The purpose of the Department of Justice is to ensure that the Canadian justice system is fair, accessible and efficient. The Department also represents the Canadian government in legal matters... |
The Deputy Judges of the court by seniority are:
- James K. Hugessen
- Max M. Teitelbaum
- Frederick E. Gibson
- Maurice E. Lagacé
- Orville Frenette
- Louis S. Tannenbaum
The prothonotaries of the court by seniority are:
- Richard Morneau
- Roza Aronovitch
- Roger Lafrenière
- Mireille Tabib
- Martha Milczynski
- Kevin R. Aalto