Federal Court (Canada)

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The Federal Court 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. The court was created on July 2, 2003 by the Courts Administration Service Act when it and the Federal Court of Appeal were split from their predecessor, the Federal Court of Canada.

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The Federal Court consists of a Chief Justice and thirty-two other judges. Currently, there are 28 full-time judges (leaving five vacancies in the Court), along with three supernumerary judges, three deputy judges, and six prothonotaries.

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

The Federal Court cannot hear any case unless a federal statute confers jurisdiction on the Court to hear cases of that type.

Some examples of the sort of cases heard by the Federal Court are:

  • judicial review of immigration decisions,
  • intellectual property disputes,
  • cases involving admiralty (maritime) law,
  • various aboriginal law matters, and
  • claims against the Queen in Right of Canada.

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 decisions made by most federal boards, commissions, and administrative tribunals, and to resolve lawsuits by or against the federal government.

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.

The judges in order of seniority are:

  • Allan Lutfy (Chief Justice)
  • James K. Hugessen (Supernumerary)
  • Yvon Pinard, P.C.(Supernumerary)
  • Frederick E. Gibson (Supernumerary)
  • Sandra J. Simpson
  • Danièle Tremblay-Lamer
  • Douglas R. Campbell
  • Pierre Blais, P.C.
  • François Lemieux
  • John A. O'Keefe
  • Elizabeth Heneghan
  • Dolores Hansen
  • Eleanor R. Dawson
  • Edmond P. Blanchard
  • Michael A. Kelen
  • Michel Beaudry
  • Luc Martineau
  • Carolyn Layden-Stevenson
  • Simon Noël
  • Judith A. Snider
  • James Russell
  • Johanne Gauthier
  • James O'Reilly
  • Sean J. Harrington
  • Richard Mosley
  • Michel M.J. Shore
  • Michael L. Phelan
  • Anne L. Mactavish
  • Yves de Montigny
  • Roger T. Hughes
  • Robert L. Barnes
  • Paul Rouleau (Deputy)
  • Barry Strayer (Deputy)
  • Max M. Teitelbaum (Deputy)
  • W. Andrew MacKay (Deputy)
  • Maurice E. Lagacé (Deputy)

The prothonotaries of the court by seniority are:

  • Richard Morneau
  • Roza Aronovitch
  • Roger Lafrenière
  • Mireille Tabib
  • Martha Milczynski
  • Kevin Aalto

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