The Federal Court of Appeal
An authoritative guide to the jurisdiction, history, and key decisions of Canada's federal appellate court.
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Court Overview
Mandate and Jurisdiction
The Federal Court of Appeal (FCA) is a Canadian appellate court tasked with hearing cases concerning federal matters. It plays a crucial role in the administration of justice across Canada, reviewing decisions made by federal boards, commissions, and tribunals.
Establishment and Location
Established in 2003, the Federal Court of Appeal succeeded the Appeal Division of the Federal Court of Canada. Its primary location is in Ottawa, Ontario, serving as the central hub for its federal appellate functions.
Appellate Pathway
As an appellate court, the FCA hears appeals from decisions rendered by the Federal Court and the Tax Court of Canada. Further appeals from the FCA lie with the Supreme Court of Canada, the highest court in the Canadian judicial system.
Evolution of the Court
Origins
The foundation for the Federal Court of Appeal was laid in 1971 with the creation of the Federal Court of Canada. This court was established under Section 101 of the Constitution Act, 1867, empowering Parliament to create courts for the better administration of federal laws. The original Federal Court comprised both a Trial Division and an Appeal Division.
Restructuring
A significant structural change occurred on July 2, 2003. The Courts Administration Service Act led to the division of the Federal Court of Canada into two distinct entities: the Federal Court of Appeal, which inherited the responsibilities of the former Appeal Division, and the new Federal Court, which took over the functions of the former Trial Division.
Scope of Authority
Appellate Role
The primary function of the Federal Court of Appeal is to review decisions made by lower federal courts and specific administrative tribunals. It ensures that federal laws are interpreted and applied correctly, providing a critical layer of judicial oversight.
Original Jurisdiction
Beyond appeals, the FCA also exercises original jurisdiction. This includes hearing applications for judicial review of decisions made by various federal tribunals and hearing appeals concerning specific federal matters as stipulated by legislation.
Key Tribunals Reviewed
The court's original jurisdiction covers judicial review of numerous federal bodies, including but not limited to:
- Canadian Radio-television and Telecommunications Commission (CRTC)
- Canadian International Trade Tribunal (CITT)
- Canada Industrial Relations Board (CIRB)
- Copyright Board of Canada
- Canadian Transportation Agency (CTA)
- Competition Tribunal
Judicial Compensation
Annual Remuneration
Judicial salaries are determined annually by the Judicial Compensation and Benefits Commission. As of recent data (circa 2020), the Chief Justice of the Federal Court of Appeal receives an annual salary of $344,400. Other justices, including supernumerary judges, earn $314,100 annually.
Landmark Rulings
Mรฉtis Rights Case
In April 2014, the court delivered a significant ruling in favour of the Mรฉtis people. This decision affirmed the extension of certain constitutional protections to Mรฉtis individuals living off-reserve, recognizing their status as Aboriginal peoples in Canada.
Citizenship Ceremony Niqab Case
In September 2015, the Federal Court of Appeal addressed a contentious issue regarding religious attire. The court dismissed an appeal by the Government of Canada concerning a rule that banned the wearing of the niqab during citizenship ceremonies, finding such a ban unconstitutional.
Judicial Appointments
Current and Past Justices
The Federal Court of Appeal comprises a Chief Justice and seventeen other justices. Appointments are made by the Governor General in Council, based on recommendations from the Prime Minister. The table below outlines some of the notable appointments to the court.
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References
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Disclaimer
Important Notice
This page has been generated by an Artificial Intelligence and is intended for informational and educational purposes only. The content is derived from publicly available data, primarily from Wikipedia, and may not reflect the most current legal interpretations or developments.
This is not legal advice. The information provided herein is not a substitute for professional legal consultation, advice, diagnosis, or treatment. Always seek the advice of a qualified legal professional with any questions you may have regarding a legal matter. Never disregard professional legal advice or delay in seeking it because of information obtained from this website.
The creators of this page are not responsible for any errors or omissions, or for any actions taken based on the information provided herein.