HOME

TheInfoList



OR:

The Federal Court of Appeal (french: Cour d'appel fédérale) is a Canadian
appellate court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
that hears cases concerning federal matters.


History

Section 101 of the
Constitution Act, 1867 The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 186 ...
empowers the
Parliament of Canada The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, th ...
to establish "additional Courts for the better Administration of the Laws of Canada". In 1971, Parliament created the
Federal Court of Canada The Federal Court of Canada, which succeeded the Exchequer Court of Canada in 1971, was a national court of Canada that had limited jurisdiction to hear certain types of disputes arising under the federal government's legislative jurisdiction. O ...
, which consisted of two divisions: the Trial Division (which replaced the
Exchequer Court of Canada In the civil service of the United Kingdom, His Majesty’s Exchequer, or just the Exchequer, is the accounting process of central government and the government's '' current account'' (i.e., money held from taxation and other government revenu ...
) and the Appeal Division. On July 2, 2003, the ''Courts Administration Service Act'' split the Federal Court of Canada into two separate courts, with the Federal Court of Appeal succeeding the Appeal Division and the new Federal Court succeeding the Trial Division.


Appellate jurisdiction

The Federal Court of Appeal hears appeals from the Federal Court and the
Tax Court of Canada The Tax Court of Canada (TCC; french: Cour canadienne de l'impôt), established in 1983 by the '' Tax Court of Canada Act'', is a federal superior court which deals with matters involving companies or individuals and tax issues with the Governmen ...
.


Original jurisdiction

The Federal Court of Appeal has original jurisdiction over applications for judicial review and appeals in respect of certain federal tribunals.


Salaries

Salaries are determined annually by the Judicial Compensation and Benefits Commission. As of 2020, the Chief Justice's salary is $344,400 and the other judges, including the supernumerary judges, earn $314,100 annually.


Notable decisions

In April 2014, the court ruled in favour of the
Métis people The Métis ( ; Canadian ) are Indigenous peoples who inhabit Canada's three Prairie Provinces, as well as parts of British Columbia, the Northwest Territories, and the Northern United States. They have a shared history and culture which derives ...
in a case involving extending protections to
Aboriginal peoples in Canada In Canada, Indigenous groups comprise the First Nations, Inuit and Métis. Although ''Indian'' is a term still commonly used in legal documents, the descriptors ''Indian'' and ''Eskimo'' have fallen into disuse in Canada, and most consider them ...
who lived off-reserve. In September 2015, the court dismissed an appeal by the
Government of Canada The government of Canada (french: gouvernement du Canada) is the body responsible for the federal administration of Canada. A constitutional monarchy, the Crown is the corporation sole, assuming distinct roles: the executive, as the ''Crown-in- ...
over a ruling by the Federal Court that found a rule banning the
Niqāb A niqāb or niqaab (; ar, نِقاب ', "aceveil"), also called a ruband, ( fa, روبند) is a garment, usually black, that covers the face, worn by some Muslim women as a part of an interpretation of ''hijab'' (i.e. "modest dress"). Muslim ...
at citizenship ceremonies to be unconstitutional.


Appointments


See also

* List of notable Canadian Courts of Appeal cases


References


External links

*
''Federal Courts Act''
{{Authority control Canadian appellate courts Federal Court of Canada 2003 establishments in Canada Courts and tribunals established in 2003