Federal Court (Canada)

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 lower court with nationwide jurisdiction.

Federal Court
Coat of Arms of the Federal Court granted in 2008
Established2003
LocationOttawa, Ontario
Authorized byConstitution Act, 1867
Federal Courts Act
Courts Administration Service Act
Number of positions32
WebsiteFederal Court
Chief Justice
CurrentlyPaul S. Crampton
SinceDecember 15, 2011

History

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 (which had been created June 1, 1971, through the enactment of the Federal Court Act, subsequently renamed the Federal Courts Act). 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.[1]

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 prothonotaries. [2]

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. Chief Justice receives $315,900 while other judges receives $288,100 annually.[3]

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:[4]

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.[5]

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
Paul S. Crampton (Chief Justice) 2009
2011 (as Chief Justice)		 Harper Lawyer at Osler, Hoskin & Harcourt LLP
Sandra J. Simpson (Supernumerary) 1993 Mulroney Lawyer at Fraser Milner Casgrain LLP
Douglas R. Campbell (Supernumerary) 1995 Chrétien Provincial Court of British Columbia
Elizabeth Heneghan 1999 Chrétien Lawyer (Sole Practitioner)
Luc Martineau 2002 Chrétien Lawyer (Sole Practitioner)
Simon Noël (Supernumerary) 2002 Chrétien Lawyer at Noël & Associates
James Russell (Supernumerary) 2002 Chrétien Lawyer at McDougall, Gauley LLP
James O'Reilly 2002 Chrétien Executive Legal Officer of the Supreme Court of Canada
Sean J. Harrington (Supernumerary) 2003 Chrétien Lawyer at Borden Ladner Gervais LLP
Richard Mosley 2003 Chrétien Assistant Deputy Minister, Criminal Law and Social Policy
Michel M.J. Shore (Supernumerary) 2003 Chrétien Immigration and Refugee Board
Michael L. Phelan (Supernumerary) 2003 Chrétien Lawyer at Ogilvy Renault LLP
Anne L. Mactavish 2003 Chrétien Chair of the Canadian Human Rights Tribunal
Robert L. Barnes 2005 Martin Lawyer at Burchell, Hayman, Parish
Leonard S. Mandamin (Supernumerary) 2007 Harper Provincial Court of Alberta
Russel W. Zinn 2008 Harper Lawyer at Ogilvy Renault LLP
Jocelyne Gagné 2012 Harper Lawyer at Lavery, de Billy LLP
Catherine Kane 2012 Harper Department of Justice Senior General Counsel
Michael D. Manson 2012 Harper Lawyer at Smart & Biggar
Yvan Roy 2012 Harper Deputy Secretary to the Cabinet
Cecily Strickland 2012 Harper Lawyer at Stewart McKelvey LLP
Peter Annis 2013 Harper Ontario Superior Court of Justice
Glennys L. McVeigh 2013 Harper Senior Counsel at the Public Prosecution Service of Canada
René Leblanc 2014 Harper Department of Justice Senior General Counsel
Martine St-Louis 2014 Harper Lawyer at McCarthy Tétrault
George R. Locke 2014 Harper Lawyer at Norton Rose Fulbright
Henry S. Brown 2014 Harper Lawyer at Gowling Lafleur Henderson LLP
Keith M. Boswell 2014 Harper Lawyer at Stewart McKelvey LLP
Alan Diner 2014 Harper Lawyer at Baker & McKenzie LLP
Simon Fothergill 2014 Harper Counsel with the Privy Council of Canada
B. Richard Bell 2015 Harper Court of Appeal of New Brunswick
Denis Gascon 2015 Harper Lawyer at Norton Rose Fulbright Canada
Richard F. Southcott 2015 Harper Vice President and General Counsel at Irving Shipbuilding Inc.
Patrick K. Gleeson 2015 Harper Senior Legal Advisor at Judge Advocate General
Susan Elliott 2015 Harper Lawyer at Good Elliott Hawkins LLP
Sylvie E. Roussel 2015 Harper Counsel at Security Intelligence Review Committee
Ann Marie McDonald 2015 Harper Lawyer at McInnes Cooper
Roger Lafrenière 2017 Trudeau Prothonotary at Federal Court
William F. Pentney 2017 Trudeau Deputy Minister of Justice and Deputy Attorney General of Canada
Shirzad S. Ahmed 2017 Trudeau Lawyer (Sole Practitioner)
Sébastien Grammond 2017 Trudeau Professor and Dean of Civil Law at University of Ottawa
Paul Favel 2017 Trudeau Lawyer at McKercher LLP
Elizabeth Walker[6] 2018 Trudeau Chair, RCMP External Review Committee
John Norris [7] 2018 Trudeau Lawyer, Sole Practitioner

The prothonotaries of the court by seniority are:

  • Richard Morneau
  • Mireille Tabib
  • Martha Milczynski
  • Kevin R. Aalto
  • Mandy Aylen
  • Kathleen Marie Ring

Former judges
Chief Justice
  • Allan Lutfy: July 3, 2003 – September 30, 2011[note 1]
Puisne judges
Name Date of appointment
Paul U.C. RouleauJuly 3, 2003 – July 25, 2007[note 2]
Max M. TeitlebaumJuly 3, 2003 – January 27, 2007[note 3]
W. Andrew MacKayJuly 3, 2003 – March 20, 2004[note 4]
Frederick E. GibsonJuly 3, 2003 – August 30, 2008[note 5]
James K. HugessenJuly 3, 2003 – July 26, 2008[note 6]
Pierre Blais, P.C.July 3, 2003 – February 19, 2008[note 7]
Eleanor DawsonJuly 3, 2003 – December 26, 2009[note 8]
Carolyn Layden-StevensonJuly 3, 2003 – December 12, 2008[note 9]
Johanne GauthierJuly 3, 2003 – October 21, 2011[note 10]
Konrad W. von FinckensteinAugust 14, 2003 – January 25, 2007
Robert M. MainvilleJune 16, 2009 – June 18, 2010
Yvon Pinard, P.C.June 19, 1984 – July 1, 2013
Robin CampJune 26, 2015 – March 9, 2017
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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 June 23, 1998, until the reorganisation.
  8. Served on the Federal Court of Canada–Trial Division from December 8, 1999, until the reorganisation.
  9. Served on the Federal Court of Canada–Trial Division from January 25, 2002, until the reorganisation.
  10. Served on the Federal Court of Canada–Trial Division from December 11, 2002, until the reorganisation.

References
  1. "The Federal Court's Coat of Arms". Federal Court. 4 January 2013. Archived from the original on 26 March 2015. Retrieved 21 May 2015.
  2. "Federal Court of Canada Members". Federal Court, Canada. Retrieved February 18, 2020.
  3. Judges Act, s 10
  4. "About the Court - Jurisdiction". Federal Court. 31 December 2012. Archived from the original on 29 September 2011. Retrieved 21 May 2015.
  5. "Federal Court Statistics". Federal Court, Canada. Retrieved February 18, 2020.
  6. https://www.canada.ca/en/department-justice/news/2018/02/government-of-canada-announces-judicial-appointments-to-the-fed. Retrieved 5 March 2018. Missing or empty |title= (help)
  7. https://www.canada.ca/en/department-justice/news/2018/02/government-of-canada-announces-judicial-appointments-to-the-federal-court.html. Retrieved 5 March 2018. Missing or empty |title= (help)
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