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Federal Court (Canada)

From Wikipedia, the free encyclopedia
Canadian federal trial court

Federal Court
Coat of Arms of the Federal Court granted in 2008
Map
Interactive map of Federal Court
Established2003
JurisdictionCanada
LocationOttawa,Ontario
Authorized by
Appeals toFederal Court of Appeal
Number of positions32
WebsiteFederal Court
Chief Justice
CurrentlyPaul S. Crampton
SinceDecember 15, 2011
Associate Chief Justice
CurrentlyMartine St-Louis
SinceDecember 11, 2024
Part ofa series on
Canadian law

TheFederal Court (French:Cour fédérale) is a Canadiantrial court that hears cases arising under certain areas offederal law. The Federal Court is asuperior court with nationwide jurisdiction.

History

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The court was created on July 2, 2003, by amendments to theFederal Court Act, which was renamed theFederal Courts Act. The amendments split the formerFederal Court of Canada into two separate courts. The Trial Division of the former court became the Federal Court, while the Appeal Division became theFederal Court of Appeal.[1]

The former Federal Court of Canada was the successor to theExchequer Court of Canada, which was set up in 1875 by the Liberal government of Prime MinisterAlexander Mackenzie. That court was primarily a revenue court, to govern disputes over federal taxation, and also civil claims against the federal government. It was succeeded in 1971 by the Federal Court of Canada, with the two divisions, trial and appellate, and a much-expanded jurisdiction, to cover matters such as immigration, patents and copyrights, and judicial review of federal boards, commissions and agencies. The 2003 amendments split the Federal Court of Canada into the current Federal Court and Federal Court of Appeal.

On October 24, 2008, the Federal Court was given its ownarmorial bearings by theGovernor General, the third court in Canada to be given its owncoat of arms – after theCourt Martial Appeal Court of Canada andOntario 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.[2]

Structure

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The Federal Court consists of achief justice, an associate chief justice, and 35 full-time judges, along with ninesupernumerary judges, and eightassociate judges.[3]

The salaries of the judges and associate judges are reviewed every four years by the federalJudicial 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.[4]

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

Administration

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The Courts Administration Service provides registry services to several federal courts, including the Federal Court.[5] 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.[6] The Registry provides clerical services and other administrative support to the Court, and provides clerical services and procedural guidance to litigants.[7]

Jurisdiction

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Outline

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The Federal Court’s authority comes from theFederal 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.

Federal Court Proceedings — 2024[8]
  1. Immigration and refugee (76.3%)
  2. Judicial review (10.6%)
  3. Crown proceedings (3.80%)
  4. Intellectual property (3.10%)
  5. Citizenship (2.40%)
  6. Admiralty (1.70%)
  7. Aboriginal (1.60%)
  8. Other appeals and applications (0.50%)

The Federal Court's jurisdiction is civil in nature. Trials and applications are conducted by a single judge,[9] and never with a jury.[10] The court hears cases in the following areas of law:[11]

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 the decisions made by federal boards, commissions, and administrative tribunals, and to resolve lawsuits against the federal government.

Because it is asuperior court of national jurisdiction, judgments are enforceable across Canada.[12]

Immigration matters

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More than 50% of the court's workload consisted of immigration and refugee cases in 2020, comprising 6,424 immigration-related matters commenced.[13] By the end of 2024, that number had increased to 24,667 immigration-related matters commenced in 2024,[14] which represented an increase of 44% over the year prior and quadruple the number of immigration-related cases prior to theCOVID-19 pandemic.[15] 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.[16] In May 2025, the court published a special order extending certain deadlines for key immigration documents[17] in order to alleviate the burden for the judiciary and court staff.[18]

Appeal process

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Most decisions of the Federal Court may be appealed to theFederal 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".[19][20]

In rare cases, the parties to a decision of the Federal Court can jointly seek to appeal directly to theSupreme Court of Canada, bypassing the Federal Court of Appeal in an appealper saltum. The parties must both consent to the application, and the Supreme Court then decides whether to grant leave to appeal.[21]

Judges and associate judges

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Source: Federal Court: Members of the Court[22]

Chief Justice and Associate Chief Justice

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NameAppointedNominated byPosition prior to appointment
Paul S. Crampton, Chief Justice2009 (Judge)HarperLawyer,Osler, Hoskin & Harcourt
2011 (Chief Justice)
Martine St-Louis, Associate Chief Justice2014 (Judge)HarperLawyer,McCarthy Tétrault
2024 (Associate Chief Justice)Trudeau

Judges

[edit]
NameAppointedNominated byPosition prior to appointment
Elizabeth Heneghan1999ChrétienLawyer, sole practitioner
Russel W. Zinn (supernumerary)2008HarperLawyer,Ogilvy Renault
Jocelyne Gagné2012 (Judge)HarperLawyer,Lavery, de Billy
2018–2024 (Associate Chief Justice)Trudeau
Catherine Kane2012HarperSenior General Counsel,Department of Justice (Canada)
Yvan Roy (supernumerary)2012HarperDeputy Secretary to the Cabinet
Michael D. Manson (supernumerary)2012HarperLawyer,Smart & Biggar
Cecily Strickland2012HarperLawyer,Stewart McKelvey
Glennys L. McVeigh2013HarperSenior Counsel,Public Prosecution Service of Canada
Henry S. Brown (supernumerary)2014HarperLawyer,Gowling Lafleur Henderson
Alan Diner2014HarperLawyer,Baker McKenzie
Simon Fothergill2014HarperCounsel,Privy Council of Canada
Denis Gascon2015HarperLawyer,Norton Rose Fulbright
Richard F. Southcott2015HarperVice President and General Counsel,Irving Shipbuilding Inc.
Patrick K. Gleeson2015HarperSenior Legal Advisor,Judge Advocate General
Ann Marie McDonald2015HarperLawyer,McInnes Cooper
Roger Lafrenière (supernumerary)2017TrudeauProthonotary, Federal Court
William F. Pentney2017TrudeauDeputy Minister of Justice and Deputy Attorney General of Canada,Department of Justice (Canada)
Shirzad S. Ahmed2017TrudeauLawyer, sole practitioner
Sébastien Grammond2017TrudeauProfessor and Dean of Civil Law,University of Ottawa
Paul Favel2017TrudeauLawyer,McKercher LLP
John Norris[23]2018TrudeauLawyer, sole practitioner
Nicholas McHaffie2019TrudeauLawyer,Stikeman Elliott
Janet M. Fuhrer2019TrudeauLawyer,Ridout & Maybee
Christine Pallotta2020TrudeauLawyer,Borden Ladner Gervais
Andrew D. Little2020TrudeauLawyer,Bennett Jones
Angela Furlanetto2021TrudeauProthonotary, Federal Court
Lobat Sadrehashemi2021TrudeauLawyer, Immigration and Refugee Legal Clinic, Vancouver
Avvy Yao-Yao Go2021TrudeauClinic Director, Chinese and Southeast Asian Legal Clinic, Ontario
Mandy Aylen2021TrudeauProthonotary, Federal Court
Vanessa Rochester2021TrudeauLawyer,Norton Rose Fulbright Canada
Guy Régimbald2022TrudeauLawyer,Gowling WLG
Ekaterina Tsimberis2023TrudeauLawyer,Smart & Biggar
Anne M. Turley2023TrudeauDepartment of Justice (Canada)
Negar Azmudeh2023TrudeauImmigration and Refugee Board of Canada
Phuong T.V. Ngo2023TrudeauGowling WLG
Allyson Whyte Nowak2024TrudeauNorton Rose Fulbright Canada
Angus G. Grant2024TrudeauAssistant Deputy Chairperson,Refugee Appeal Division of the Immigration and Refugee Board
Julie L. Blackhawk2024TrudeauLawyer,Department of Justice Canada
Michael Battista2024TrudeauFounding counsel, Battista Migration Law Group
Benoit M. Duchesne2024TrudeauAssociate Judge, Federal Court
Love Saint-Fleur2024TrudeauCoordinating Member,Refugee Appeal Division of the Immigration and Refugee Board
Meaghan M. Conroy2024TrudeauMLT Aikins LLP
Danielle Ferron2025TrudeauLanglois Lawyers LLP
Andrew J. Brouwer2025TrudeauLawyer, Legal Aid Ontario Refugee Law Office
Darren Thorne2025TrudeauMember,Refugee Appeal Division of the Immigration and Refugee Board

Associate judges

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NameAppointedNominated byPosition prior to appointment
Martha Milczynski (supernumerary)2003ChrétienChair,Financial Services Commission of Ontario and the Financial Services Tribunal
Kathleen M. Ring2017TrudeauGeneral Counsel,Department of Justice Canada
Alexandra Steele2018TrudeauLawyer, Robic LLP
Sylvie M. Molgat2018TrudeauLawyer, Dubuc Osland
Catherine A. Coughlan2021TrudeauCounsel,Department of Justice Canada
L.E. Trent Horne2021TrudeauLawyer, Aird & Berliss LLP
Michael Crinson2023TrudeauLawyer, Crinson Law LLP
John C. Cotter2023TrudeauLawyer,Osler, Hoskin & Harcourt
Catharine Moore2024TrudeauCounsel,Department of Justice Canada
Kirkland G. Shannon2025TrudeauDirector General and Deputy Chief Executive Officer,Law Commission of Canada

Former judges, prothonotaries, and associate judges

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Source: Federal Court: Members of the Court[22]

Chief Justice

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NameTerm in office
Allan LutfyJuly 3, 2003 – September 30, 2011[note 1]

Judges

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NameTerm in office
Paul U.C. RouleauJuly 3, 2003 – July 25, 2007[note 2]
Yvon PinardJuly 3, 2003 – July 1, 2013[note 3]
Max M. TeitlebaumJuly 3, 2003 – January 27, 2007[note 4]
W. Andrew MacKayJuly 3, 2003 – March 20, 2004[note 5]
Frederick E. GibsonJuly 3, 2003 – August 30, 2008[note 6]
Sandra J. SimpsonJuly 3, 2003 – June 10, 2020[note 7]
Danièle Tremblay-LamerJuly 3, 2003 – August 31, 2017[note 8]
Douglas CampbellJuly 3, 2002 – August 27, 2020[note 9]
James K. HugessenJuly 3, 2003 – July 26, 2008[note 10]
Pierre Blais, P.C.July 3, 2003 – February 19, 2008[note 11]
François LemieuxJuly 3, 2003 – October 5, 2012[note 12]
John A. O'KeefeJuly 3, 2003 – November 30, 2015[note 13]
Eleanor DawsonJuly 3, 2003 – December 26, 2009[note 14]
Dolores HansenJuly 3, 2003 – May 31, 2016[note 15]
Edmond P. BlanchardJuly 3, 2003 – June 27, 2014[note 16]
Michael A. KelenJuly 3, 2003 – June 12, 2016[note 17]
Michel BeaudryJuly 3, 2003 – June 14, 2012[note 18]
Luc MartineauJuly 3, 2003 – June 14, 2012[note 19]
Carolyn Layden-StevensonJuly 3, 2003 – December 12, 2008[note 20]
Simon NoëlJuly 3, 2003 – August 31, 2022[note 21]
Judith A. SniderJuly 3, 2003 – October 15, 2013[note 22]
Johanne GauthierJuly 3, 2003 – October 21, 2011[note 23]
James RussellJuly 3, 2003 – August 31, 2020[note 24]
James O'ReillyJuly 3, 2003 – January 9, 2025[note 25]
Konrad W. von FinckensteinAugust 14, 2003 – January 25, 2007
Sean J. HarringtonSeptember 16, 2003 – April 24, 2019
Richard MosleyNovember 4, 2003 – May 9, 2024
Michel M.J. ShoreNovember 4, 2003 – April 30, 2022
Michael L. PhelanNovember 19, 2003 – June 8, 2022
Anne L. MactavishNovember 19, 2003 – June 22, 2019[note 26]
Yves de MontignyNovember 19, 2004 – June 19, 2015[note 27]
Roger T. HughesJune 1, 2005 – September 16, 2016
Robert L. BarnesNovember 22, 2005 – November 22, 2021
Leonard S. MandaminApril 27, 2007 – August 19, 2019
Robert M. MainvilleJune 16, 2009 – June 18, 2010[note 28]
David G. NearJune 19, 2009 – February 7, 2013[note 29]
Richard BoivinJune 19, 2009 – April 10, 2014[note 30]
Marie-Josée BédardApril 14, 2010 – June 25, 2015
Donald J. RennieSeptember 30, 2010 – February 26, 1015[note 31]
André F.J. ScottOctober 1, 2010 – January 30, 2014[note 32]
Mary J.L. GleasonDecember 15, 2011 – June 19, 2015[note 33]
Peter B. AnnisFebruary 7, 2013 – April 6, 2022
George R. LockeApril 10, 2014 – March 7, 2019[note 34]
René LeBlancApril 10, 2014 – April 28, 2020[note 35]
Keith M. BoswellJune 30, 2014 – January 20, 2021
B. Richard BellFebruary 5, 2015 – October 30, 2023
Robin CampJune 26, 2015 – March 9, 2017
E. Susan ElliottJune 19, 2015 – June 1, 2024
Sylvie E. RousselJune 19, 2015 – April 19, 2022[note 36]
Elizabeth WalkerFebruary 6, 2018 – January 26, 2024[note 37]
Peter George PamelMay 2, 2019 – September 20, 2024[note 38]
Vanessa RochesterAugust 4, 2021 – January 26, 2024[note 39]

Prothonotaries

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NameTerm in office
J. Alfred PrestonJune 1, 1971 – March 13, 1984
Peter A.K. GilesJune 27, 1985 – March 28, 2002
Jacques LefebvreJune 28, 1985 – February 2, 1999
John A. HargreaveFebruary 17, 1994 – January 4, 2006
Richard MorneauNovember 28, 1995 – May 15, 2018
Roza AronovitchMarch 10, 1999 – April 2, 2015
Roger LafrenièreApril 1, 1999 – June 7, 2017[note 40]
Mandy AylenJune 16, 2016 – August 4, 2021[note 41]
Angela FurlanettoMarch 7, 2019 – February 26, 2021[note 42]

Associate judges

[edit]
NameTerm in office
Mireille TabibSeptember 23, 2022 – July 31, 2023[note 43]
Kevin R. AaltoSeptember 23, 2022 – April 19, 2023[note 44]

Notes to tables

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  1. ^Judge of the Federal Court–Trial Division, August 7, 1996; Associate Chief Justice of the Federal Court of Canada from December 8, 1999, until the 2003 reorganisation.
  2. ^Judge of the Federal Court of Canada–Trial Division from August 5, 1982, until the 2003 reorganisation.
  3. ^Judge of the Federal Court of Canada–Trial Division from June 19, 1984, until the 2003 reorganisation.
  4. ^Judge of the Federal Court of Canada–Trial Division from October 29, 1985, until the 2003 reorganisation.
  5. ^Judge of the Federal Court of Canada–Trial Division from September 2, 1988, until the 2003 reorganisation.
  6. ^Judge of the Federal Court of Canada–Trial Division from April 1, 1993, until the 2003 reorganisation.
  7. ^Judge of the Federal Court of Canada–Trial Division from June 10, 1993, until the 2003 reorganisation.
  8. ^Judge of the Federal Court of Canada–Trial Division from June 16, 1993, until the 2003 reorganisation.
  9. ^Judge of the Federal Court of Canada–Trial Division from December 8, 1995, until the 2003 reorganisation.
  10. ^Judge of the Federal Court of Canada–Trial Division from June 23, 1998, until the 2003 reorganisation.
  11. ^Judge of the Federal Court of Canada–Trial Division from June 23, 1998, until the 2003 reorganisation; appointed to the Federal Court of Appeal, February 19, 2008.
  12. ^Judge of the Federal Court of Canada–Trial Division from January 21, 1999, until the 2003 reorganisation.
  13. ^Judge of the Federal Court of Canada–Trial Division from June 30, 1999, until the 2003 reorganisation.
  14. ^Judge of the Federal Court of Canada–Trial Division from December 8, 1999, until the reorganisation; appointed to the Federal Court of Appeal December 28, 2009.
  15. ^Judge of the Federal Court of Canada–Trial Division from December 8, 1999, until the 2003 reorganisation.
  16. ^Judge of the Federal Court of Canada–Trial Division from October 5, 2000, until the 2003 reorganisation.
  17. ^Judge of the Federal Court of Canada–Trial Division from July 31, 2001 until the 2003 reorganisation.
  18. ^Judge of the Federal Court of Canada–Trial Division from January 25, 2002 until the 2003 reorganisation.
  19. ^Judge of the Federal Court of Canada–Trial Division from January 25, 2002 until the 2003 reorganisation.
  20. ^Judge of the Federal Court of Canada–Trial Division from January 25, 2002, until the 2003 reorganisation; appointed to the Federal Court of Appeal December 12, 2008.
  21. ^Judge of the Federal Court of Canada–Trial Division from August 8, 2002 until the 2003 reorganisation.
  22. ^Judge of the Federal Court of Canada–Trial Division from October 10, 2002 until the 2003 reorganisation.
  23. ^Judge of the Federal Court of Canada–Trial Division from December 11, 2002, until the 2003 reorganisation; appointed to the Federal Court of Appeal October 21, 2011.
  24. ^Judge of the Federal Court of Canada–Trial Division from December 11, 2002 until the 2003 reorganisation.
  25. ^Judge of the Federal Court of Canada–Trial Division from December 12, 2002 until the 2003 reorganisation.
  26. ^Appointed to the Federal Court of Appeal June 22, 2019.
  27. ^Appointed to the Federal Court of Appeal June 19, 2015.
  28. ^Appointed to the Federal Court of Appeal June 18, 2010.
  29. ^Appointed to the Federal Court of Appeal February 8, 2013.
  30. ^Appointed to the Federal Court of Appeal April 10, 2014.
  31. ^Appointed to the Federal Court of Appeal February 26, 2015.
  32. ^Appointed to the Federal Court of Appeal January 30, 2014.
  33. ^Appointed to the Federal Court of Appeal June 19, 2015.
  34. ^Appointed to the Federal Court of Appeal March 7, 2019.
  35. ^Appointed to the Federal Court of Appeal April 28, 2020.
  36. ^Appointed to the Federal Court of Appeal April 19, 2022.
  37. ^Appointed to the Federal Court of Appeal April 19, 2022.
  38. ^Appointed to the Federal Court of Appeal September 20, 2024.
  39. ^Appointed to the Federal Court of Appeal January 26, 2024.
  40. ^Appointed to the Federal Court June 8, 2017.
  41. ^Appointed to the Federal Court August 4, 2021.
  42. ^Appointed to the Federal Court February 26, 2021.
  43. ^Prothonotary from March 18, 2003 to creation of associate judge position, September 23, 2022.
  44. ^Prothonotary from May 7, 2007 to creation of associate judge position, September 23, 2022.

See also

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References

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  1. ^Federal Courts Act, RSC 1985, c. F-7., as amended by theCourts Administration Service Act, SC 2002, c. 8, s. 13 to 58.
  2. ^"The Federal Court's Coat of Arms".Federal Court. January 4, 2013. Archived fromthe original on March 26, 2015. RetrievedMay 21, 2015.
  3. ^"Federal Court of Canada Members". Federal Court, Canada. RetrievedFebruary 18, 2020.
  4. ^Office of the Commissioner for Federal Judicial Affairs Canada: Guide for Candidates.
  5. ^"Courts Administration Service". Government of Canada. RetrievedJune 21, 2024.
  6. ^"Registry Offices".Federal Court. Government of Canada. RetrievedFebruary 24, 2024.
  7. ^"Registry Services".Federal Court. Government of Canada. RetrievedFebruary 24, 2024.
  8. ^Federal Court of Canada: Activity Summary - January 1, 2024 to December 31, 2024.
  9. ^Federal Courts Act, RSC 1985, c. F-7, s. 15.
  10. ^Federal Courts Act, RSC 1985, c. F-7, s. 49.
  11. ^"About the Court - Jurisdiction".Federal Court. July 7, 2021. RetrievedFebruary 24, 2024.
  12. ^Federal Courts Act, RSC 1985, c. F-7, s. 55.
  13. ^"Federal Court Statistics". Federal Court, Canada. RetrievedFebruary 18, 2020.
  14. ^"Statistics (December 31, 2024)".Federal Court. RetrievedJune 21, 2025.
  15. ^Boudjikanian, Raffy (December 6, 2024)."Courts warn of 'critical' budget pressures as immigration cases delayed in Canada's 3 largest cities". CBC. RetrievedJune 21, 2025.
  16. ^"Delays in processing documents - Update"(PDF).Federal Court. RetrievedJune 21, 2025.
  17. ^Singer, Colin R. (May 22, 2025)."Canada Extends Time Limit for Immigration Judicial Review Applications".Immigration.ca. RetrievedJune 21, 2025.
  18. ^Kyryliuk, Igor."Federal Court grants more time for Application Records in immigration judicial reviews".Holthe Immigration Law. RetrievedJune 21, 2025.
  19. ^"Certified Questions (Immigration/Citizenship)".Federal Court. RetrievedJune 21, 2025.
  20. ^Meurrens, Steven."Certified Questions and the Federal Court of Appeal".Meurrens on Immigration. RetrievedJune 21, 2025.
  21. ^Supreme Court Act, RSC 1985, c. S-26, s. 38.
  22. ^abFederal Court: Members of the Court; current to June 21, 2025.
  23. ^"Government of Canada announces judicial appointments to the Federal Court". RetrievedMarch 5, 2018.

External links

[edit]
Court of last resort
Federal courts
Provincial/Territorial appellate courts
Provincial/Territorial superior trial courts
Provincial/Territorial trial courts
Current Canadian federal judges
Supreme Court
Federal Court of Appeal
Federal Court
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