Federal Court (Canada)
| Federal Court | |
|---|---|
 Coat of Arms of the Federal Court granted in 2008 | |
 | |
| Established | 2003 |
| Location | Ottawa, Ontario |
| Authorised by | Constitution Act, 1867 Federal Courts Act Courts Administration Service Act |
| Number of positions | 32 |
| Website | Federal Court |
| Chief Justice | |
| Currently | Paul S. Crampton |
| Since | December 15, 2011 |
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.
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 – 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 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.
Judges' salaries are determined annually by the Judicial Compensation and Benefits Commission. Chief Justice receives $315,900 while other judges receives $288,100 annually.[2]
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:[3]
- judicial review of immigration decisions,
- judicial review of Veterans Review and Appeal Board of Canada 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.
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 |
| Danièle Tremblay-Lamer (Supernumerary) | 1993 | Mulroney | Lawyer at the Department of Justice |
| Douglas R. Campbell (Supernumerary) | 1995 | Chrétien | Provincial Court of British Columbia |
| John A. O'Keefe (Supernumerary) | 1999 | Chrétien | Lawyer at Foster O'Keefe LLP |
| Elizabeth Heneghan | 1999 | Chrétien | Lawyer (Sole Practitioner) |
| Dolores Hansen (Supernumerary) | 1999 | Chrétien | Provincial Court of Alberta |
| Michel Beaudry (Supernumerary) | 2002 | Chrétien | Lawyer at Beaudry, Bertrand |
| Luc Martineau | 2002 | Chrétien | Lawyer (Sole Practitioner) |
| Simon Noël | 2002 | Chrétien | Lawyer at Noël & Associates |
| James Russell | 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 | 2003 | Chrétien | Immigration and Refugee Board |
| Michael L. Phelan | 2003 | Chrétien | Lawyer at Ogilvy Renault LLP |
| Anne L. Mactavish | 2003 | Chrétien | Chair of the Canadian Human Rights Tribunal |
| Roger T. Hughes (Supernumerary) | 2005 | Martin | Lawyer at Sim, Hughes, Ashton & McKay |
| Robert L. Barnes | 2005 | Martin | Lawyer at Burchell, Hayman, Parish |
| Leonard S. Mandamin | 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 |
| Robin Camp | 2015 | Harper | Provincial Court of Alberta |
| 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 |
The prothonotaries of the court by seniority are:
- Richard Morneau
- Roger Lafrenière
- Mireille Tabib
- Martha Milczynski
- Kevin R. Aalto
Former judges
- Chief Justice
- Allan Lutfy: July 3, 2003 – September 30, 2011[note 1]
- Puisne judges
- Paul U.C. Rouleau: July 3, 2003 – July 25, 2007[note 2]
- Max M. Teitlebaum: July 3, 2003 – January 27, 2007[note 3]
- W. Andrew MacKay: July 3, 2003 – March 20, 2004[note 4]
- Frederick E. Gibson: July 3, 2003 – August 30, 2008[note 5]
- James K. Hugessen: July 3, 2003 – July 26, 2008[note 6]
- Pierre Blais, P.C.: July 3, 2003 – February 19, 2008[note 7]
- Eleanor Dawson: July 3, 2003 – December 26, 2009[note 8]
- Carolyn Layden-Stevenson: July 3, 2003 – December 12, 2008[note 9]
- Johanne Gauthier: July 3, 2003 – October 21, 2011[note 10]
- Konrad W. von Finckenstein: August 14, 2003 – January 25, 2007
- Robert M. Mainville: June 16, 2009 – June 18, 2010
- Yvon Pinard, P.C.: June 19, 1984 – July 1, 2013
See also
Notes
- ^ 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.
References
- ^ "The Federal Court's Coat of Arms". Federal Court. 4 January 2013. Retrieved 21 May 2015.
- ^ Judges Act, s 10
- ^ "About the Court - Jurisdiction". Federal Court. 31 December 2012. Retrieved 21 May 2015.