Federal Court of Appeal

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Federal Court of Appeal
Established2007
Country Canada
LocationOttawa, Ontario
Authorized byConstitution Act, 1867, Federal Courts Act & Courts Administration Service Act
No. of positions12
Websitecas-cdc-www02.cas-satj.gc.ca/fca-caf/
Chief Justice
CurrentlyMarc Noël
SinceOctober 17, 2014

The Federal Court of Appeal (French: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters.

History[edit]

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 Canada.

Administration[edit]

The Federal Court of Appeal hears appeals from the Federal Court, Tax Court of Canada, and certain federal tribunals, as well as applications for judicial review from certain other federal tribunals.[1]

Salaries are determined annually by the Judicial Compensation and Benefits Commission. The Chief Justice receives $315,900 while other judges earn $288,100 annually.[2]

Notable decisions[edit]

In April 2014, the court ruled in favour of the Métis people in a case involving extending protections to Aboriginal peoples in Canada who lived off-reserve.[3]

In September 2015, the court dismissed an appeal by the Government of Canada over a ruling by the Federal Court that found a rule banning the Niqāb at citizenship ceremonies to be unconstitutional.[4]

In August 2018, the court rejected the expansion of the Trans Mountain Pipeline on the basis that the National Energy Board's (NEB) process and findings were "so flawed that the Governor in Council could not reasonably rely on the Board’s report"[5] and that "the Government of Canada failed to fulfill the legal duty to consult Indigenous peoples".[5]

Appointments[edit]

Name Appointed Nominated By Prior Position(s)
Marc Noel
Chief Justice of the Federal Court of Appeal
1998 Chrétien Federal Court of Canada
David Stratas 2009 Harper Professor of Law, Queen's University
Johanne Gauthier 2011 Harper Federal Court of Canada
Wyman Webb 2012 Harper Tax Court of Canada
David Near 2013 Harper Federal Court of Canada
Richard Boivin 2014 Harper Federal Court of Canada
Donald Rennie 2015 Harper Federal Court of Canada
Yves De Montigny 2015 Harper Federal Court of Canada
Mary Gleason 2015 Harper Federal Court of Canada
John B. Laskin 2017 Trudeau Torys LLP
Marianne Rivoalen 2018 Trudeau Manitoba Court of Queen's Bench
George Locke 2019 Trudeau Federal Court of Canada

Supernumerary

Name Appointed Nominated By Prior Position(s)
Marc Nadon 2001 Chrétien Federal Court of Canada
Denis Pelletier 2001 Chrétien Federal Court of Canada
Eleanor Dawson 2009 Harper Federal Court of Canada
Judith Woods 2016 Trudeau Tax Court of Canada

See also[edit]

References[edit]

  1. ^ Federal Courts Act - R.S.C., 1985, c. F-7 (Section 27)
  2. ^ Judges Act - R.S.C., 1985, c. J-1 (Section 10)
  3. ^ "Court of Appeal upholds landmark ruling on rights of Métis". CBC News. Retrieved 2016-02-23.
  4. ^ "Court dismisses federal appeal over niqab at citizenship ceremonies". The Globe and Mail. Retrieved 2016-02-23.
  5. ^ a b Federal Court of Appeal (2018-08-30). "Executive Summary of Trans Mountain Pipeline Expansion Project" (PDF). Federal Court of Appeal. Archived from the original (PDF) on 2018-08-30. Retrieved 2018-08-30.

External links[edit]