Federal Court (Canada)

Judges

The Federal Court consists of a chief justice, an associate chief justice, thirty-nine full-time judges, and nine associate judges. There is also a varying number of supernumerary positions, for judges who are approaching retirement.^[3][4]

Judges are appointed by the Governor in Council, namely the governor general of Canada acting on the advice of the federal Cabinet.^[5] To be appointed, a candidate must already be a judge of a superior court, or have at least ten years standing as a barrister or advocate in Canada.^[6] At least ten of the judges must come from Quebec.^[7]

The salaries of the judges and associate judges are reviewed every four years by the federal Judicial Compensation and Benefits Commission. As of April 1, 2025, the chief justice and associate chief justice receive $455,000 while other judges receive $414,900 annually.^[8]

Law clerks are hired for one-year terms to help the judges research and prepare decisions. They are generally assigned to a particular judge.

Sittings

Although based in Ottawa, the Federal Court holds sittings and motion days across Canada.^[9][10]

Administration

The Courts Administration Service provides registry services to several federal courts, including the Federal Court.^[11] The Federal Court Registry is located in Ottawa, with regional offices throughout the country. The Registry in Ottawa maintains all original court files, with certified copies maintained in regional offices.^[12] The Registry provides clerical services and other administrative support to the Court, and provides clerical services and procedural guidance to litigants.^[13]

Statutory jurisdiction

The Federal Court’s authority comes from the Federal Courts Act. The court can only hear cases where a federal statute confers jurisdiction on the court to hear cases of that type. The subject-matter of a grant of jurisdiction must be within federal legislative authority.

The Federal Court's jurisdiction is civil in nature. Trials and applications are conducted by a single judge,^[15] and never with a jury.^[16] The court hears cases in the following areas of law:^[17]

• Administrative law
• Citizenship, immigration and refugee law
• Judicial review of Veterans Review and Appeal Board of Canada decisions
• Intellectual property law
• Admiralty (maritime) law
• National security law
• Cases involving federally-regulated industries such as railway tariff disputes
• Aboriginal law
• Claims against the Government of Canada.

These instances of jurisdiction may either be exclusive or concurrent with provincial superior courts, depending on the statute. Generally, the Federal Court has exclusive authority of judicial review over decisions made by federal boards, commissions, and administrative tribunals, other than those assigned to the Federal Court of Appeal. The jurisdiction over civil actions against the federal government is concurrent with the jurisdiction of the provincial superior courts.

In some cases, the Federal Court may have the power of judicial review over decisions by the federal Cabinet under particular statutory provisions. For example, in 2024, the Federal Court held that the federal Cabinet did not meet the statutory requirement to invoke the Emergencies Act to respond to the Freedom Convoy in 2022.^[18] The Federal Court of Appeal upheld the decision.^[19]

Because it is a superior court of national jurisdiction, judgments are enforceable across Canada.^[20]

Immigration matters

In 2020, more than 50% of the court's workload consisted of immigration and refugee cases, comprising 6,424 immigration-related matters commenced.^[21] By the end of 2024, that number had increased to 24,667 immigration-related matters commenced in 2024,^[22] which represented an increase of 44% over the year prior and quadruple the number of immigration-related cases prior to the COVID-19 pandemic.^[23]

In March 2025, the Court published a notice regarding the backlog and delays in document processing times, due primarily to the increase in the number of immigration-related matters.^[24] In May 2025, the court published a special order extending certain deadlines for key immigration documents^[25] in order to alleviate the burden for the judiciary and court staff.^[26]

Appeal process

Most decisions of the Federal Court may be appealed to the Federal Court of Appeal. However, decisions relating to immigration and citizenship may not be appealed unless the Federal Court certifies that the decision raises a "serious question of general importance".^[27][28]

In rare cases, the parties to a decision of the Federal Court can jointly seek to appeal directly to the Supreme Court of Canada, bypassing the Federal Court of Appeal in an appeal per saltum. The parties must both consent to the application, and the Supreme Court then decides whether to grant leave to appeal.^[29]

Chief Justice and Associate Chief Justice

Judges

Associate judges

Chief Justice

Notes to table

Judges

Notes to table

Prothonotaries

Associate judges

Notes to tables

• "FC–TD" indicates "Federal Court of Canada–Trial Division"