Monday, July 9, 2012

The Federal Court of Canada

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.
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.[1]

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 four supernumerary judges, six 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 salary of judges are determined annually by the Judicial Compensation and Benefits Commission. Chief Justice receives $254,600 while other judges receives $232,300 annually.[2]

Jurisdiction 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.

Judges and prothonotaries

NameAppointedNominated byPosition Prior to Appointment
Paul S. Crampton (Chief Justice) 2009
2011 (as Chief Justice) Harper Lawyer at Osler, Hoskin & Harcourt LLP
Yvon Pinard, P.C.(Supernumerary) 1984 Trudeau Member of Parliament for Drummond
Government House Leader
Sandra J. Simpson (Supernumerary) 1993 Mulroney Lawyer at Fraser Milner Casgrain LLP
Danièle Tremblay-Lamer (Supernumerary) 1993 Mulroney Lawyer at the Department of Justice
Douglas R. Campbell (Supernumerary) 1995 Chretien Provincial Court of British Columbia
Allan Lutfy (Supernumerary) 1996 Chretien Lawyer at Lavery, de Billy LLP
François Lemieux (Supernumerary) 1999 Chretien Lawyer at Herridge, Tolmie, Gray, Coyne and Blair LLP
John A. O'Keefe 1999 Chretien Lawyer at Foster O'Keefe LLP
Elizabeth Heneghan 1999 Chretien Lawyer (Sole Practitioner)
Dolores Hansen 1999 Chretien Provincial Court of Alberta
Edmond P. Blanchard 2000 Chretien New Brunswick Minister of Finance
Michael A. Kelen 2001 Chretien Lawyer
Michel Beaudry (Supernumerary) 2002 Chretien Lawyer at Beaudry, Bertrand
Luc Martineau 2002 Chretien Lawyer (Sole Practitioner)
Simon Noël 2002 Chretien Lawyer at Noël & Associates
Judith A. Snider 2002 Chretien Vice Chair of the National Energy Board
James Russell 2002 Chretien Lawyer at McDougall, Gauley LLP
James O'Reilly 2002 Chretien Executive Legal Office of the Supreme Court of Canada
Sean J. Harrington 2003 Chretien Lawyer at Borden Ladner Gervais LLP
Richard Mosley 2003 Chretien Assistant Deputy Minister, Criminal Law and Social Policy
Michel M.J. Shore 2003 Chretien Immigration and Refugee Board
Michael L. Phelan 2003 Chretien Lawyer at Ogilvy Renault LLP
Anne L. Mactavish 2003 Chretien Chair of the Canadian Human Rights Tribunal
Yves de Montigny 2004 Martin Chief of Staff to the Minister of Justice
Roger T. Hughes 2005 Martin Lawyer at Sim & McBurney LLP
Robert L. Barnes 2006 Martin Lawyer at Burchell, Hayman, Parish
Leonard S. Mandamin 2007 Harper Provincial Court of Alberta
Russel Zinn 2008 Harper Lawyer at Ogilvy Renault LLP
David Near 2009 Harper Senior Counsel at Environment Canada
Richard Boivin 2009 Harper Associate Senior General Counsel with Aboriginal Affairs
Marie-Josée Bédard 2010 Harper Vice Chair of the Public Service Labour Relations Board
André F.J. Scott 2010 Harper Chair of the Canadian International Trade Tribunal
Donald J. Rennie 2010 Harper Assistant Deputy Attorney General (Litigation)
Mary J.L. Gleason 2011 Harper Lawyer at Ogilvy Renault LLP
Jocelyne Gagné 2012 Harper Lawyer at Lavery, de Billy LLP
Catherine Kane 2012 Harper Department of Justice Senior General Counsel
The prothonotaries of the court by seniority are:

Richard Morneau
Roza Aronovitch
Roger Lafrenière
Mireille Tabib
Martha Milczynski
Kevin R. Aalto
Former judges Chief Justice
Allan Lutfy: July 3, 2003 – September 30, 2011[3] Puisine judges
Paul U.C. Rouleau: July 3, 2003 – July 25, 2007[4]
Max M. Teitlebaum: July 3, 2003 – January 27, 2007[5]
W. Andrew MacKay: July 3, 2003 – March 20, 2004[6]
Frederick E. Gibson: July 3, 2003 – August 30, 2008[7]
James K. Hugessen: July 3, 2003 – July 26, 2008[8]
Pierre Blais, P.C.: July 3, 2003 – February 19, 2008[9]
Eleanor Dawson: July 3, 2003 – December 26, 2009[10]
Carolyn Layden-Stevenson: July 3, 2003 – December 12, 2008[11]
Johanne Gauthier: July 3, 2003 – October 21, 2011[12]
Konrad W. von Finckenstein: August 14, 2003 – January 25, 2007
Robert M. Mainville: June 16, 2009 – June 18, 2010


References

^ Media Release
^ Section 10 of the Judges Act
^ Lutfy was Associate Chief Justice of the Federal Court of Canada from December 8, 1999, until the reorganisation.
^ Served on the Federal Court of Canada–Trial Division from August 5, 1982, until the reorganisation.
^ Served on the Federal Court of Canada–Trial Division from October 29, 1985, until the reorganisation.
^ Served on the Federal Court of Canada–Trial Division from September 2, 1988, until the reorganisation.
^ Served on the Federal Court of Canada–Trial Division from April 1, 1993, until the reorganisation.
^ Served on the Federal Court of Canada–Trial Division from June 23, 1998, until the reorganisation.
^ Served on the Federal Court of Canada–Trial Division from June 23, 1998, until the reorganisation.
^ Served on the Federal Court of Canada–Trial Division from December 8, 1999, until the reorganisation.
^ Served on the Federal Court of Canada–Trial Division from January 25, 2002, until the reorganisation.
^ Served on the Federal Court of Canada–Trial Division from December 11, 2002, until the reorganisation.
[edit] External links
Federal Court website