Federal Court (Canada)
| Federal Court | |
|---|---|
 Coat of Arms of the Federal Court granted in 2008 |
|
| Established | 2003 |
| Jurisdiction | Canada  |
| Location | Ottawa, Ontario |
| Authorized by | Constitution Act, 1867, Federal Courts Act & Courts Administration Service Act |
| Number of positions | 29 |
| Website | Federal Court |
| Chief Justice | |
| Currently | Paul Crampton |
| Since | December 15, 2011 |
 |
This article's citation style may be unclear. The references used may be made clearer with a different or consistent style of citation, footnoting, or external linking. (September 2009) |
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.[1]
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[edit] 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 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.[2]
[edit] 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 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 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.
[edit] 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 |
| Yvon Pinard, P.C.(Supernumerary) | 1984 | Trudeau | Member of Parliament for Drummond Government House Leader |
| Sandra J. Simpson | 1993 | Mulroney | Lawyer at Fraser Milner Casgrain LLP |
| Danièle Tremblay-Lamer (Supernumerary) | 1993 | Mulroney | Lawyer at the Department of Justice |
| Douglas R. Campbell (Supernumerary) | 1995 | Chretien | Provincial Court of British Columbia |
| Allan Lutfy (Supernumerary) | 1996 | Chretien | Lawyer at Lavery, de Billy LLP |
| François Lemieux (Supernumerary) | 1999 | Chretien | Lawyer at Herridge, Tolmie, Gray, Coyne and Blair LLP |
| John A. O'Keefe | 1999 | Chretien | Lawyer at Foster O'Keefe LLP |
| Elizabeth Heneghan | 1999 | Chretien | Lawyer (Sole Practitioner) |
| Dolores Hansen | 1999 | Chretien | Provincial Court of Alberta |
| Edmond P. Blanchard | 2000 | Chretien | New Brunswick Minister of Finance |
| Michael A. Kelen | 2001 | Chretien | Lawyer |
| Michel Beaudry | 2002 | Chretien | Lawyer at Beaudry, Bertrand |
| Luc Martineau | 2002 | Chretien | Lawyer (Sole Practitioner) |
| Simon Noël | 2002 | Chretien | Lawyer at Noël & Associates |
| Judith A. Snider | 2002 | Chretien | Vice Chair of the National Energy Board |
| James Russell | 2002 | Chretien | Lawyer at McDougall, Gauley LLP |
| James O'Reilly | 2002 | Chretien | Executive Legal Office of the Supreme Court of Canada |
| Sean J. Harrington | 2003 | Chretien | Lawyer at Borden Ladner Gervais LLP |
| Richard Mosley | 2003 | Chretien | Assistant Deputy Minister, Criminal Law and Social Policy |
| Michel M.J. Shore | 2003 | Chretien | Immigration and Refugee Board |
| Michael L. Phelan | 2003 | Chretien | Lawyer at Ogilvy Renault LLP |
| Anne L. Mactavish | 2003 | Chretien | Chair of the Canadian Human Rights Tribunal |
| Yves de Montigny | 2004 | Martin | Chief of Staff to the Minister of Justice |
| Roger T. Hughes | 2005 | Martin | Lawyer at Sim & McBurney LLP |
| Robert L. Barnes | 2006 | Martin | Lawyer at Burchell, Hayman, Parish |
| Leonard S. Mandamin | 2007 | Harper | Provincial Court of Alberta |
| Russel Zinn | 2008 | Harper | Lawyer at Ogilvy Renault LLP |
| David Near | 2009 | Harper | Senior Counsel at Environment Canada |
| Richard Boivin | 2009 | Harper | Associate Senior General Counsel with Aboriginal Affairs |
| 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 |
| Donald J. Rennie | 2010 | Harper | Assistant Deputy Attorney General (Litigation) |
| Mary J.L. Gleason | 2011 | Harper | Lawyer at Ogilvy Renault LLP |
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
[edit] Former judges
- Chief Justice
- Allan Lutfy: July 3, 2003 – September 30, 2011[3]
- Puisine judges
- Paul U.C. Rouleau: July 3, 2003 – July 25, 2007[4]
- Max M. Teitlebaum: July 3, 2003 – January 27, 2007[5]
- W. Andrew MacKay: July 3, 2003 – March 20, 2004[6]
- Frederick E. Gibson: July 3, 2003 – August 30, 2008[7]
- James K. Hugessen: July 3, 2003 – July 26, 2008[8]
- Pierre Blais, P.C.: July 3, 2003 – February 19, 2008[9]
- Eleanor Dawson: July 3, 2003 – December 26, 2009[10]
- Carolyn Layden-Stevenson: July 3, 2003 – December 12, 2008[11]
- Johanne Gauthier: July 3, 2003 – October 21, 2011[12]
- Konrad W. von Finckenstein: August 14, 2003 – January 25, 2007
- Robert M. Mainville: June 16, 2009 – June 18, 2010
[edit] See also
 |
Book: Canada |
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[edit] References
- ^ Media Release
- ^ Section 10 of the Judges Act
- ^ Lutfy was Associate Chief Justice of the Federal Court of Canada from December 8, 1999, until the reorganisation.
- ^ Served on the Federal Court of Canada–Trial Division from August 5, 1982, until the reorganisation.
- ^ Served on the Federal Court of Canada–Trial Division from October 29, 1985, until the reorganisation.
- ^ Served on the Federal Court of Canada–Trial Division from September 2, 1988, until the reorganisation.
- ^ Served on the Federal Court of Canada–Trial Division from April 1, 1993, until the reorganisation.
- ^ Served on the Federal Court of Canada–Trial Division from June 23, 1998, until the reorganisation.
- ^ Served on the Federal Court of Canada–Trial Division from June 23, 1998, until the reorganisation.
- ^ Served on the Federal Court of Canada–Trial Division from December 8, 1999, until the reorganisation.
- ^ Served on the Federal Court of Canada–Trial Division from January 25, 2002, until the reorganisation.
- ^ Served on the Federal Court of Canada–Trial Division from December 11, 2002, until the reorganisation.
[edit] External links
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