Federal Court (Canada)
The Federal Court 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 when it and the Federal Court of Appeal were split from their predecessor, the Federal Court of Canada. 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.
Structure
The Federal Court consists of a Chief Justice, an Associate Chief Justice, and 35 full-time judges, along with nine supernumerary judges, and eight prothonotaries.Law Clerks are hired for not more than a 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.
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,
- judicial review of Veterans Review and Appeal Board of Canada decisions,
- intellectual property disputes,
- cases involving admiralty law,
- cases involving federally-regulated industries such as railway tariff disputes
- various aboriginal law matters, and
- claims against the Queen in Right of Canada.
More than 50% of the Court's workload consists of immigration and refugee cases.
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 | 2009 2011 | Harper | Lawyer at Osler, Hoskin & Harcourt LLP |
Sandra J. Simpson | 1993 | Mulroney | Lawyer at Fraser Milner Casgrain LLP |
Douglas R. Campbell | 1995 | Chrétien | Provincial Court of British Columbia |
Elizabeth Heneghan | 1999 | Chrétien | Lawyer |
Luc Martineau | 2002 | Chrétien | Lawyer |
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 | 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 |
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 |
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 |
Roger Lafrenière | 2017 | Trudeau | Prothonotary at Federal Court |
William F. Pentney | 2017 | Trudeau | Deputy Minister of Justice and Deputy Attorney General of Canada |
Shirzad S. Ahmed | 2017 | Trudeau | Lawyer |
Sébastien Grammond | 2017 | Trudeau | Professor and Dean of Civil Law at University of Ottawa |
Paul Favel | 2017 | Trudeau | Lawyer at McKercher LLP |
Elizabeth Walker | 2018 | Trudeau | Chair, RCMP External Review Committee |
John Norris | 2018 | Trudeau | Lawyer, Sole Practitioner |
The prothonotaries of the court by seniority are:
- Richard Morneau
- Mireille Tabib
- Martha Milczynski
- Kevin R. Aalto
- Mandy Aylen
- Kathleen Marie Ring
Former judges
- Allan Lutfy: July 3, 2003 – September 30, 2011
Name | Date of appointment |
Paul U.C. Rouleau | July 3, 2003 – July 25, 2007 |
Max M. Teitlebaum | July 3, 2003 – January 27, 2007 |
W. Andrew MacKay | July 3, 2003 – March 20, 2004 |
Frederick E. Gibson | July 3, 2003 – August 30, 2008 |
James K. Hugessen | July 3, 2003 – July 26, 2008 |
Pierre Blais, P.C. | July 3, 2003 – February 19, 2008 |
Eleanor Dawson | July 3, 2003 – December 26, 2009 |
Carolyn Layden-Stevenson | July 3, 2003 – December 12, 2008 |
Johanne Gauthier | July 3, 2003 – October 21, 2011 |
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 |
Robin Camp | June 26, 2015 – March 9, 2017 |