Federal Court of Appeal

The Federal Court of Appeal () is a Canadian appellate court that hears cases concerning federal matters. It has jurisdiction to hear appeals 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 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".Constitution Act, 1867, s 101. 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.Federal Court Act, SC 1970-71-72, c. 1.

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.

Structure

Judges

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.

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

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.Office of the Commissioner for Federal Judicial Affairs Canada: Guide for Candidates.

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

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.

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.Federal Court of Appeal: Proposed Sittings Winter/Spring 2026.

Administration

The Courts Administration Service provides registry services to several federal courts, including the Federal Court of Appeal. 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.Federal Court of Appeal: What is the Registry?

Jurisdiction Constitutional scope

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

Original jurisdiction

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

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

Canadian Radio-television and Telecommunications Commission Canadian International Trade Tribunal Canadian Energy Regulator Canada Industrial Relations Board Copyright Board Canadian Transportation Agency Competition Tribunal Public Servants Disclosure Protection Tribunal Specific Claims Tribunal.

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

Case distribution

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) Federal Court (interlocutory appeals) Tax Court of Canada Statutory Appeals Judicial Reviews References Preliminary Applications TOTAL 422 407 482 Source: Federal Court of AppealFederal Court of Appeal: Statistics 2025.

The total dispositions can be shown as follows:

Judges of the Federal Court of Appeal

Current Judges

Name Date appointed Nominated by prime minister Position prior to appointmentChief 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 AppealFederal Court of Appeal : About the Court : Judges.

Former Judges

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 officeJohn D. Richard July 3, 2003 – July 30, 2009 Pierre Blais September 9, 2009 – June 23, 2014Marc Noël October 9, 2014 – July 31, 2023Sources: Federal Court of Appeal & Federal CourtFederal Court: Members of the Court; current to March 15, 2026.

Former Judges of the Federal Court of Appeal Name Term in officeArthur J. Stone July 3, 2003 – November 19, 2004Alice Desjardins July 3, 2003 – August 11, 2009Robert Décary July 3, 2003 – July 1, 2009Allen M. Linden July 3, 2003 – October 7, 2009Julius A. Isaac July 3, 2003 – July 18, 2003Gilles Létourneau July 3, 2003 – December 31, 2012Barry L. Strayer July 3, 2003 – May 1, 2004J. Edgar Sexton July 3, 2003 – October 10, 2011Marc Noël July 3, 2003 – October 10, 2014Marshall E. Rothstein July 3, 2003 – March 1, 2006Brian D. Malone July 3, 2003 – July 27, 2007Karen Sharlow July 3, 2003 – September 30, 2014John Maxwell Evans July 3, 2003 – December 31, 2013Marc Nadon July 3, 2003 – July 25, 2021J. D. Denis Pelletier July 3, 2003 – September 1, 2023Judith M. Woods July 3, 2003 – December 31, 2025 C. Michael Ryer Johanne Trudel April 26, 2007 – April 30, 2018 Carolyn Layden-Stevenson† December 12, 2008 – June 27, 2012Eleanor R. Dawson December 28, 2009 – July 22, 2020Robert M. Mainville June 18, 2010 – June 30, 2014Johanne Gauthier October 21, 2011 – September 1, 2023David G. Near February 8, 2013 – September 1, 2021André F.J. Scott January 30, 2014 – October 22, 2018Richard Boivin April 11, 2014 – September 1, 2025 Marianne Rivoalen September 20, 2018 – June 1, 2023Sources: Federal Court of Appeal & Federal Court

Notes to tables

See also

List of notable Canadian Courts of Appeal cases

References

Further reading

External links Federal Court of Appeal website