Federal Court of Appeal
Canadian federal appeal court
From Wikipedia, the free encyclopedia
The Federal Court of Appeal (French: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters. It has jurisdiction to hear appeals from the federal trial court, the Federal Court, as well as the Tax Court of Canada. It also has original jurisdiction for judicial review of decisions of major federal boards, commissions and agencies. An appeal lies from the Federal Court of Appeal to the Supreme Court of Canada.
| Federal Court of Appeal Cour d'appel fédérale | |
|---|---|
Entrance to Federal Courtroom in the Supreme Court of Canada building | |
| Established | July 3, 2003 |
| Jurisdiction | Canada |
| Location | Sits across Canada |
| Composition method | Appointed by Governor General on advice of federal Cabinet |
| Authorized by |
|
| Appeals to | Supreme Court of Canada |
| Appeals from |
|
| Judge term length | Mandatory retirement at age 75 |
| Number of positions | Chief Justice and 14 judges, plus supernumerary positions |
| Language | English and French |
| Website | www |
| Chief Justice | |
| Currently | Yves de Montigny |
| Since | November 9, 2023 |
History
Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "additional Courts for the better Administration of the Laws of Canada".[1] In 1971, Parliament enacted the Federal Court Act, which created the Federal Court of Canada. The new court consisted of two divisions: the Trial Division (which replaced the Exchequer Court of Canada) and the Appeal Division.[2]
On July 2, 2003, the Federal Court Act was amended by the Courts Administration Service Act. The amendments split the Federal Court of Canada into two separate courts, with the Federal Court of Appeal succeeding the Appeal Division and the Federal Court succeeding the Trial Division.[3]
Structure
Judges
The Federal Court of Appeal consists of a chief justice and fourteen full-time judges. There is also a varying number of positions for supernumerary judges, for judges who are approaching retirement and do not wish to work full-time.[4]
The judges are appointed by the Governor General in Council, namely the governor general of Canada acting on the advice of the federal Cabinet.[5] Judges must have already been a judge of a superior court, or have ten years experience as a lawyer in Canada.[6] At least five of the judges must be from Quebec.[7]
The salaries of the judges and associate judges are reviewed every four years by the federal Judicial Compensation and Benefits Commission. The federal government then makes the decision as to the salary over the next four years. 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 of the court
The Federal Courts Act requires that the court sit with a panel of at least three judges on all appeals and applications for judicial review. The court can sit with a larger panel, but there must always be an uneven number of judges hearing an appeal.[9]
Although based in Ottawa, the Federal Court of Appeal sits across the country. For example, in the 2026 winter/spring session, the court scheduled hearings in Calgary, Edmonton, Halifax, Montreal, Ottawa, Toronto, and Vancouver.[10]
Administration
The Courts Administration Service provides registry services to several federal courts, including the Federal Court of Appeal.[11] The Federal Court of Appeal 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. The Registry provides clerical services and other administrative support to the court, and provides clerical services and procedural guidance to litigants. The Registry cannot provide legal advice to litigants or members of the public.[12]
Jurisdiction
Constitutional scope
The Supreme Court has interpreted s. 101 of the Constitution Act, 1867 to mean that Parliament can only give federal courts a statute-based jurisdiction, limited to dealing with matters arising under federal statutes. Federal courts cannot be given inherent general jurisdiction, unlike the provincial superior courts.
Appellate jurisdiction
The Federal Court of Appeal hears appeals from the Federal Court and the Tax Court of Canada.[13] There can also be specific appeals provided by other statutes.
Original jurisdiction
The Federal Court of Appeal has original jurisdiction over applications for judicial review in respect of certain major federal tribunals.[14]
The federal tribunals that are subject to judicial review under s. 28 of the Federal Court Act include:[14]
- Canadian Radio-television and Telecommunications Commission
- Canadian International Trade Tribunal
- Canadian Energy Regulator
- Canada Industrial Relations Board
- Copyright Board
- Canadian Transportation Agency
- Competition Tribunal
- Public Servants Disclosure Protection Tribunal
- Specific Claims Tribunal.
The Federal Court of Appeal may also have the power of judicial review over specific types of statutory decisions by the federal Cabinet.[14]
Case distribution
In 2025, the Federal Court of Appeal's total case distribution was as follows:
| Subject Matter | Proceedings Commenced | Total Dispositions | Pending as of December 31, 2025 |
|---|---|---|---|
| Federal Court (final appeals) | 155 | 137 | 199 |
| Federal Court (interlocutory appeals) | 62 | 61 | 57 |
| Tax Court of Canada | 52 | 59 | 75 |
| Statutory Appeals | 17 | 16 | 25 |
| Judicial Reviews | 99 | 98 | 116 |
| References | 0 | 0 | 0 |
| Preliminary Applications | 37 | 36 | 10 |
| TOTAL | 422 | 407 | 482 |
| Source: Federal Court of Appeal[15] | |||
The total dispositions can be shown as follows:
- Federal Court (final) 137 (33.7%)
- Judicial reviews 98 (24.1%)
- Federal Court (interlocutory) 61 (15.0%)
- Tax Court 59 (14.5%)
- Preliminary applications 36 (8.85%)
- Statutory appeals 16 (3.93%)
Judges of the Federal Court of Appeal
Current Judges
| Name | Date appointed | Nominated by prime minister | Position prior to appointment |
|---|---|---|---|
| Chief Justice Yves de Montigny | 2023 | Trudeau | Federal Court |
| 2015 (as Judge of the Court) | Harper | ||
| David W. Stratas | 2009 | Harper | Partner at Heenan Blaikie LLP |
| Wyman W. Webb (supernumerary) | 2012 | Harper | Tax Court of Canada |
| Donald J. Rennie | 2015 | Harper | Federal Court |
| Mary J.L. Gleason | 2015 | Harper | Federal Court |
| John B. Laskin | 2017 | Trudeau | Partner, Torys LLP |
| George R. Locke | 2019 | Trudeau | Federal Court |
| Anne Mactavish (supernumerary) | 2019 | Trudeau | Federal Court |
| René Leblanc | 2020 | Trudeau | Federal Court |
| Siobhan Monaghan | 2021 | Trudeau | Tax Court of Canada |
| Sylvie Roussel | 2022 | Trudeau | Federal Court |
| Nathalie Goyette | 2022 | Trudeau | Partner, Davies Ward Phillips & Vineberg |
| Gerald Heckman | 2023 | Trudeau | Professor, University of Manitoba |
| Monica Biringer | 2023 | Trudeau | Tax Court of Canada |
| Elizabeth Walker | 2024 | Trudeau | Federal Court |
| Vanessa Rochester | 2024 | Trudeau | Federal Court |
| Panagiotis Pamel | 2024 | Trudeau | Federal Court |
| Source: Federal Court of Appeal[16] | |||
Former Judges
- Appointed to the Supreme Court of Canada
- Former judges of the Federal Court of Canada – Appeal Division
- Former judges of the Federal Court
- † Died in office
| Former Judges of the Federal Court of Appeal | |
|---|---|
| Name | Term in office |
| Arthur J. Stone | July 3, 2003 – November 19, 2004[d] |
| Alice Desjardins | July 3, 2003 – August 11, 2009[e] |
| Robert Décary | July 3, 2003 – July 1, 2009[f] |
| Allen M. Linden | July 3, 2003 – October 7, 2009[g] |
| Julius A. Isaac | July 3, 2003 – July 18, 2003[h] |
| Gilles Létourneau | July 3, 2003 – December 31, 2012[i] |
| Barry L. Strayer | July 3, 2003 – May 1, 2004[j] |
| J. Edgar Sexton | July 3, 2003 – October 10, 2011[k] |
| Marc Noël | July 3, 2003 – October 10, 2014[l] |
| Marshall E. Rothstein | July 3, 2003 – March 1, 2006[m] |
| Brian D. Malone | July 3, 2003 – July 27, 2007[n] |
| Karen Sharlow | July 3, 2003 – September 30, 2014[o] |
| John Maxwell Evans | July 3, 2003 – December 31, 2013[p] |
| Marc Nadon | July 3, 2003 – July 25, 2021[q] |
| J. D. Denis Pelletier | July 3, 2003 – September 1, 2023[r] |
| Judith M. Woods | July 3, 2003 – December 31, 2025[s] |
| C. Michael Ryer |
|
| Johanne Trudel | April 26, 2007 – April 30, 2018 |
| Carolyn Layden-Stevenson† | December 12, 2008 – June 27, 2012 |
| Eleanor R. Dawson | December 28, 2009 – July 22, 2020[u] |
| Robert M. Mainville | June 18, 2010 – June 30, 2014[v] |
| Johanne Gauthier | October 21, 2011 – September 1, 2023[w] |
| David G. Near | February 8, 2013 – September 1, 2021[x] |
| André F.J. Scott | January 30, 2014 – October 22, 2018[y] |
| Richard Boivin | April 11, 2014 – September 1, 2025[z] |
| Marianne Rivoalen | September 20, 2018 – June 1, 2023 |
| Sources: Federal Court of Appeal[16] & Federal Court[17] | |
Notes to tables
- Trial Division, August 30, 1994 – June 23, 1998; Associate Chief Justice of the Federal Court of Canada, June 23, 1998 – November 3, 1999; Chief Justice of the Federal Court of Canada from November 4, 1999, until the 2003 reorganisation; Chief Justice of the Federal Court of Appeal, July 3, 2003 – July 30, 2009.
- Trial Division, June 23, 1998 until the 2003 reorganisation, then Federal Court until February 19, 2008; Federal Court of Appeal, February 20, 2008 – September 8, 2009.
- Trial Division, June 24, 1992 – June 23, 1998; Appeal Division, June 23, 1998 until the 2003 reorganisation, then Federal Court of Appeal until October 8, 2014.
- Appeal Division, July 18, 1983 until the 2003 reorganisation.
- Appeal Division, June 29, 1987 until the 2003 reorganisation.
- Appeal Division, March 14, 1990 until the 2003 reorganisation.
- Appeal Division, July 5, 1990 until the 2003 reorganisation.
- Chief Justice of the Federal Court of Canada, December 24, 1991 – September 1, 1999; Appeal Division, September 2, 1999 until the 2003 reorganisation.
- Appeal Division, May 13, 1992 until the 2003 reorganisation.
- Trial Division, July 18, 1983 – August 30, 1994; Appeal Division, August 30, 1994 until the 2003 reorganisation.
- Appeal Division, June 23, 1998 until the 2003 reorganisation.
- Trial Division, June 24, 1992 – June 23, 1998; Appeal Division June 23, 1998 until the 2003 reorganisation; appointed Chief Justice of the Federal Court of Appeal October 9, 2014.
- Trial Division, June 24, 1992 – January 21, 1999; Appeal Division January 21 1999 until the 2003 reorganisation; Supreme Court of Canada March 1, 2006.
- Appeal Division November 4, 1999 until the 2003 reorganisation.
- Trial Division, January 21, 1999 – November 4, 1999; Appeal Division November 4, 1999 until the 2003 reorganisation.
- Trial Division, June 26, 1998 – December 8, 1999; Appeal Division December 8, 1999 until the 2003 reorganisation.
- Judge of the Trial Division, June 10, 1993 – December 14, 2001; Appeal Division until the 2003 reorganisation; nominated to the Supreme Court September 30, 2013, but nomination failed.
- Trial Division, February 16, 1999 – December 14, 2001; Appeal Division, December 14, 2001 until the 2003 reorganisation
- Appeal Division March 20, 2003 until the 2003 reorganisation
- Ryer was appointed twice to the Federal Court of Appeal, first in 2006, resigning in 2010, and then again in 2014.
- Trial Division December 8, 1999 until the 2003 reorganisation; Federal Court, July 3, 2003 – December 28, 2009.
- Federal Court, June 16, 2009 – June 18, 2010.
- Trial Division December 11, 2002 until the 2003 reporganisation; Federal Court, July 3, 2003 – October 21, 2011.
- Federal Court, June 19, 2009 – February 7, 2013.
- Federal Court, October 1, 2010 – January 30, 2014.
- Federal Court, June 19, 2009 – April 10, 2014.
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