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Federal Court of Appeal

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This article is about the Canadian federal appellate court. For the predecessor Appellate Division, see Federal Court of Canada. For the United States appellate circuits, see United States courts of appeals. For the Federal Circuit in the United States, see United States Court of Appeals for the Federal Circuit.

Federal Court of Appeal
Cour d'appel fédérale
closed heavy wooden doors with brass fittings; above the doors are engraved brass plaques reading "Federal Court of Canada" and "Cour fédérale du Canada"
Entrance to Federal Courtroom in the Supreme Court of Canada building
EstablishedJuly 3, 2003; 22 years ago (July 3, 2003)
JurisdictionCanada
LocationSits across Canada
Composition methodAppointed by Governor General on advice of federal Cabinet
Authorized by
Appeals toSupreme Court of Canada
Appeals from
Judge term lengthMandatory retirement at age 75
Number of positionsChief Justice and 14 judges, plus supernumerary positions
LanguageEnglish and French
Websitewww.fca-caf.ca/en/home
Chief Justice
CurrentlyYves de Montigny
SinceNovember 9, 2023

The Federal Court of Appeal (French: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters. It has jurisdiction to hear appears from the federal trial court, the Federal Court, as well as the Tax Court of Canada. It also has original jurisdiction for judicial review of decisions of major federal boards, commissions and agencies. An appeal lies from the Federal Court of Appeal to the Supreme Court of Canada.

History

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Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "additional Courts for the better Administration of the Laws of Canada".[1] In 1971, Parliament enacted the Federal Court Act, which created the Federal Court of Canada. The new court consisted of two divisions: the Trial Division (which replaced the Exchequer Court of Canada) and the Appeal Division.[2]

On July 2, 2003, the Federal Court Act was amended by the Courts Administration Service Act. The amendments split the Federal Court of Canada into two separate courts, with the Federal Court of Appeal succeeding the Appeal Division and the Federal Court succeeding the Trial Division.[3]

Structure

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Judges

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The Federal Court of Appeal consists of a chief justice and fourteen full-time judges. There is also a varying number of positions for supernumerary judges, for judges who are approaching retirement and do not wish to work full-time.[4]

The judges are appointed by the Governor General in Council, namely the governor general of Canada acting on the advice of the federal Cabinet.[5] Judges must have already been a judge of a superior court, or have ten years experience as a lawyer in Canada.[6] At least five of the judges must be from Quebec.[7]

The salaries of the judges and associate judges are reviewed every four years by the federal Judicial Compensation and Benefits Commission. The federal government then makes the decision as to the salary over the next four years. As of April 1, 2025, the chief justice and associate chief justice receive $455,000 while other judges receive $414,900 annually.[8]

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

Sittings of the court

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Courtroom for the Federal Court of Appeal in the Supreme Court of Canada Building

The Federal Courts Act requires that the court sit with a panel of at least three judges on all appeals and applications for judicial review. The court can sit with a larger panel, but there must always be an uneven number of judges hearing an appeal.[9]

Although based in Ottawa, the Federal Court of Appeal sits across the country. For example, in the 2026 winter/spring session, the court scheduled hearings in Calgary, Edmonton, Halifax, Montreal, Ottawa, Toronto, and Vancouver.[10]

Administration

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Entrance to Registry Office for the federal courts, Ottawa

The Courts Administration Service provides registry services to several federal courts, including the Federal Court of Appeal.[11] The Federal Court of Appeal 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. The Registry provides clerical services and other administrative support to the court, and provides clerical services and procedural guidance to litigants. The Registry cannot provide legal advice to litigants or members of the public.[12]

Jurisdiction

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Constitutional scope

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The Supreme Court has interpreted s. 101 of the Constitution Act, 1867 to mean that Parliament can only give federal courts a statute-based jurisdiction, limited to dealing with matters arising under federal statutes. Federal courts cannot be given inherent general jurisdiction, unlike the provincial superior courts.

Appellate jurisdiction

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The Federal Court of Appeal hears appeals from the Federal Court and the Tax Court of Canada.[13] There can also be specific appeals provided by other statutes.

Original jurisdiction

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The Federal Court of Appeal has original jurisdiction over applications for judicial review in respect of certain major federal tribunals.[14]

The federal tribunals that are subject to judicial review under s. 28 of the Federal Court Act include:[14]

The Federal Court of Appeal may also have the power of judicial review over specific types of statutory decisions by the federal Cabinet.[14]

Case distribution

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In 2025, the Federal Court of Appeal's total case distribution was as follows:

Subject Matter Proceedings Commenced Total Dispositions Pending as of December 31, 2025
Federal Court (final appeals)
155
137
199
Federal Court (interlocutory appeals)
62
61
57
Tax Court of Canada
52
59
75
Statutory Appeals
17
16
25
Judicial Reviews
99
98
116
References
0
0
0
Preliminary Applications
37
36
10
TOTAL 422 407 482
Source: Federal Court of Appeal[15]

The total dispositions can be shown as follows:

  1. Federal Court (final) 137 (33.7%)
  2. Judicial reviews 98 (24.1%)
  3. Federal Court (interlocutory) 61 (15.0%)
  4. Tax Court 59 (14.5%)
  5. Preliminary applications 36 (8.85%)
  6. Statutory appeals 16 (3.93%)

Judges of the Federal Court of Appeal

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Current Judges

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Name Date appointed Nominated by prime minister Position prior to appointment
Chief Justice Yves de Montigny 2023 Trudeau Federal Court
2015 (as Judge of the Court) Harper
David W. Stratas 2009 Harper Partner at Heenan Blaikie LLP
Wyman W. Webb (supernumerary) 2012 Harper Tax Court of Canada
Donald J. Rennie 2015 Harper Federal Court
Mary J.L. Gleason 2015 Harper Federal Court
John B. Laskin 2017 Trudeau Partner, Torys LLP
George R. Locke 2019 Trudeau Federal Court
Anne Mactavish (supernumerary) 2019 Trudeau Federal Court
René Leblanc 2020 Trudeau Federal Court
Siobhan Monaghan 2021 Trudeau Tax Court of Canada
Sylvie Roussel 2022 Trudeau Federal Court
Nathalie Goyette 2022 Trudeau Partner, Davies Ward Phillips & Vineberg
Gerald Heckman 2023 Trudeau Professor, University of Manitoba
Monica Biringer 2023 Trudeau Tax Court of Canada
Elizabeth Walker 2024 Trudeau Federal Court
Vanessa Rochester 2024 Trudeau Federal Court
Panagiotis Pamel 2024 Trudeau Federal Court
Source: Federal Court of Appeal[16]

Former Judges

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  Appointed to the Supreme Court of Canada
  Former judges of the Federal Court of Canada – Appeal Division
  Former judges of the Federal Court
† Died in office
Former Chief Justices of the Federal Court of Appeal
Name Term in office
John D. Richard July 3, 2003 – July 30, 2009[a]
Pierre Blais September 9, 2009 – June 23, 2014[b]
Marc Noël October 9, 2014 – July 31, 2023[c]
Sources: Federal Court of Appeal[16] & Federal Court[17]
Former Judges of the Federal Court of Appeal
Name Term in office
Arthur J. Stone July 3, 2003 – November 19, 2004[d]
Alice Desjardins July 3, 2003 – August 11, 2009[e]
Robert Décary July 3, 2003 – July 1, 2009[f]
Allen M. Linden July 3, 2003 – October 7, 2009[g]
Julius A. Isaac July 3, 2003 – July 18, 2003[h]
Gilles Létourneau July 3, 2003 – December 31, 2012[i]
Barry L. Strayer July 3, 2003 – May 1, 2004[j]
J. Edgar Sexton July 3, 2003 – October 10, 2011[k]
Marc Noël July 3, 2003 – October 10, 2014[l]
Marshall E. Rothstein July 3, 2003 – March 1, 2006[m]
Brian D. Malone July 3, 2003 – July 27, 2007[n]
Karen Sharlow July 3, 2003 – September 30, 2014[o]
John Maxwell Evans July 3, 2003 – December 31, 2013[p]
Marc Nadon July 3, 2003 – July 25, 2021[q]
J. D. Denis Pelletier July 3, 2003 – September 1, 2023[r]
Judith M. Woods July 3, 2003 – December 31, 2025[s]
C. Michael Ryer
  • October 26, 2006 – January 18, 2010
  • December 12, 2014 – April 30, 2016[t]
Johanne Trudel April 26, 2007 – April 30, 2018
Carolyn Layden-Stevenson† December 12, 2008 – June 27, 2012
Eleanor R. Dawson December 28, 2009 – July 22, 2020[u]
Robert M. Mainville June 18, 2010 – June 30, 2014[v]
Johanne Gauthier October 21, 2011 – September 1, 2023[w]
David G. Near February 8, 2013 – September 1, 2021[x]
André F.J. Scott January 30, 2014 – October 22, 2018[y]
Richard Boivin April 11, 2014 – September 1, 2025[z]
Marianne Rivoalen September 20, 2018 – June 1, 2023
Sources: Federal Court of Appeal[16] & Federal Court[17]

Notes to tables

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  1. ^ Trial Division, August 30, 1994 – June 23, 1998; Associate Chief Justice of the Federal Court of Canada, June 23, 1998 – November 3, 1999; Chief Justice of the Federal Court of Canada from November 4, 1999, until the 2003 reorganisation; Chief Justice of the Federal Court of Appeal, July 3, 2003 – July 30, 2009.
  2. ^ Trial Division, June 23, 1998 until the 2003 reorganisation, then Federal Court until February 19, 2008; Federal Court of Appeal, February 20, 2008 – September 8, 2009.
  3. ^ Trial Division, June 24, 1992 – June 23, 1998; Appeal Division, June 23, 1998  until the 2003 reorganisation, then Federal Court of Appeal until October 8, 2014.
  4. ^ Appeal Division, July 18, 1983 until the 2003 reorganisation.
  5. ^ Appeal Division, June 29, 1987 until the 2003 reorganisation.
  6. ^ Appeal Division, March 14, 1990 until the 2003 reorganisation.
  7. ^ Appeal Division, July 5, 1990 until the 2003 reorganisation.
  8. ^ Chief Justice of the Federal Court of Canada, December 24, 1991 – September 1, 1999; Appeal Division, September 2, 1999 until the 2003 reorganisation.
  9. ^ Appeal Division, May 13, 1992 until the 2003 reorganisation.
  10. ^ Trial Division, July 18, 1983 – August 30, 1994; Appeal Division, August 30, 1994 until the 2003 reorganisation.
  11. ^ Appeal Division, June 23, 1998 until the 2003 reorganisation.
  12. ^ Trial Division, June 24, 1992 – June 23, 1998; Appeal Division June 23, 1998 until the 2003 reorganisation; appointed Chief Justice of the Federal Court of Appeal October 9, 2014.
  13. ^ Trial Division, June 24, 1992 – January 21, 1999; Appeal Division January 21 1999 until the 2003 reorganisation; Supreme Court of Canada March 1, 2006.
  14. ^ Appeal Division November 4, 1999 until the 2003 reorganisation.
  15. ^ Trial Division, January 21, 1999 – November 4, 1999; Appeal Division November 4, 1999 until the 2003 reorganisation.
  16. ^ Trial Division, June 26, 1998 – December 8, 1999; Appeal Division December 8, 1999 until the 2003 reorganisation.
  17. ^ Judge of the Trial Division, June 10, 1993 – December 14, 2001; Appeal Division until the 2003 reorganisation; nominated to the Supreme Court September 30, 2013, but nomination failed.
  18. ^ Trial Division, February 16, 1999 – December 14, 2001; Appeal Division, December 14, 2001 until the 2003 reorganisation
  19. ^ Appeal Division March 20, 2003 until the 2003 reorganisation
  20. ^ Ryer was appointed twice to the Federal Court of Appeal, first in 2006, resigning in 2010, and then again in 2014.
  21. ^ Trial Division December 8, 1999 until the 2003 reorganisation; Federal Court, July 3, 2003 – December 28, 2009.
  22. ^ Federal Court, June 16, 2009 – June 18, 2010.
  23. ^ Trial Division December 11, 2002 until the 2003 reporganisation; Federal Court, July 3, 2003 – October 21, 2011.
  24. ^ Federal Court, June 19, 2009 – February 7, 2013.
  25. ^ Federal Court, October 1, 2010 – January 30, 2014.
  26. ^ Federal Court, June 19, 2009 – April 10, 2014.

See also

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References

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  1. ^ Constitution Act, 1867, s 101.
  2. ^ Federal Court Act, SC 1970-71-72, c. 1.
  3. ^ Federal Courts Act, RSC 1985, c. F-7, s. 3, 4.
  4. ^ Federal Courts Act, RSC 1985, c. F-7, s. 5.
  5. ^ Federal Courts Act, RSC 1985, c. F-7, s. 5.2.
  6. ^ Federal Courts Act, RSC 1985, c. F-7, s. 5.3.
  7. ^ Federal Courts Act, RSC 1985, c. F-7, s. 5.4.
  8. ^ Office of the Commissioner for Federal Judicial Affairs Canada: Guide for Candidates.
  9. ^ Federal Courts Act, RSC 1985, c. F-7, s. 16.
  10. ^ Federal Court of Appeal: Proposed Sittings Winter/Spring 2026.
  11. ^ "Courts Administration Service". Government of Canada. Retrieved June 21, 2024.
  12. ^ Federal Court of Appeal: What is the Registry?
  13. ^ Federal Courts Act, RSC 1985, c. F-7, s. 27.
  14. ^ a b c Federal Courts Act, RSC 1985, c. F-7, s. 28.
  15. ^ Federal Court of Appeal: Statistics 2025.
  16. ^ a b c Federal Court of Appeal : About the Court : Judges.
  17. ^ a b Federal Court: Members of the Court; current to March 15, 2026.

Further reading

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