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. It is has the equivalent power and jurisdiction of the superior court of a province.
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 was 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 â€" 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 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 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.
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,
- judicial review of Veterans Review and Appeal Board of Canada decisions,
- cases involving actions and decisions made by chartered banks operating in Canada
- intellectual property disputes,
- cases involving admiralty (maritime) law,
- various aboriginal law 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 the decisions made by 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
|Roger Lafreniere |2017 |Trudeau |Prothonatary at Federal Court |}
The prothonotaries of the court by seniority are:
- Richard Morneau
- Mireille Tabib
- Martha Milczynski
- Kevin R. Aalto
Former judges
- Chief Justice
- Allan Lutfy: July 3, 2003 â€" September 30, 2011
- Puisne judges
- Paul U.C. Rouleau: July 3, 2003 â€" July 25, 2007
- Max M. Teitlebaum: July 3, 2003 â€" January 27, 2007
- W. Andrew MacKay: July 3, 2003 â€" March 20, 2004
- Frederick E. Gibson: July 3, 2003 â€" August 30, 2008
- James K. Hugessen: July 3, 2003 â€" July 26, 2008
- Pierre Blais, P.C.: July 3, 2003 â€" February 19, 2008
- Eleanor Dawson: July 3, 2003 â€" December 26, 2009
- Carolyn Layden-Stevenson: July 3, 2003 â€" December 12, 2008
- Johanne Gauthier: July 3, 2003 â€" October 21, 2011
- Konrad W. von Finckenstein: August 14, 2003 â€" January 25, 2007
- Robert M. Mainville: June 16, 2009 â€" June 18, 2010
- Yvon Pinard, P.C.: June 19, 1984 â€" July 1, 2013
- Robin Camp, June 26, 2015 â€" March 9, 2017
See also
Notes
References
External links
- Federal Court website