Canadian federal trial court
The Federal Court (French: Cour fédérale) is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction.
History
The court was created on July 2, 2003, by the Courts Administration Service Act[1] when it and the Federal Court of Appeal were split from their predecessor, the Federal Court of Canada (which had been created June 1, 1971, through the enactment of the Federal Court Act, subsequently renamed the Federal Courts Act.[2] 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.[3]
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 associate judges. [4]
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. The chief justice receives $315,900, while other judges receive $288,100 annually.[5]
Administration
The Courts Administration Service provides registry services to multiple Canadian courts, including the Federal Court.[6] 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.[7] The Registry provides clerical services and other administrative support to the Court, and provides clerical services and procedural guidance to litigants.[8]
Jurisdiction
The Federal Court cannot hear any case unless a federal statute confers jurisdiction on the court to hear cases of that type.
The Federal Court hears cases in the following areas of law:[9]
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 by or against the federal government.
More than 50% of the court's workload consists of immigration and refugee cases.[10]
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 associate judges
The associate judges of the court by seniority are:
- Mireille Tabib
- Martha Milczynski
- Kevin R. Aalto
- Kathleen Marie Ring
- Alexandra Steele
- Sylvie M. Molgat
- Catherine A. Coughlan
- L.E. Trent Horne
