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Composition
and structure
Number of
members :
The Federal Court of Appeal consists of a chief justice called the
Chief Justice of the Federal Court of Appeal, who is the president
of the Federal Court of Appeal, and 12 other judges (for a total
of 13 judges). The Federal Court of Appeal always sits in panels
of at least 3 judges.
Recruitment procedures and incompatibilities :
The judges of the Federal Court of Appeal are appointed by the Governor
in Council by letters patent under the Great Seal.
A person may
be appointed a judge of the Federal Court of Appeal if the person:
(a) is or has been a judge of a superior court in Canada; (b) is
or has been a barrister or advocate of at least 10 years standing
at the bar of any province; or (c) has, for at least 10 years, been
a barrister at the bar of any province, and after becoming a barrister,
exercised powers and performed duties and functions of a judicial
nature on a full-time basis in respect of a position held under
a law of Canada or a province.
At least four
of the judges of the Federal Court of Appeal must be persons who
have been judges of the Court of Appeal or of the Superior Court
of the Province of Quebec, or have been members of the bar of that
Province.
Internal
organization :
With the coming into force of the Courts Administration Service
Act, on July 2, 2003, the following is the administrative and jurisdictional
structure of the Federal Court of Appeal.
First, the Act, creates a model of court governance which respects
the independence of the judiciary. This is clear from the objectives
of the Act which are to facilitate coordination and cooperation
among the Federal Court of Appeal, the Federal Court, the Court
Martial Appeal Court and the Tax Court of Canada for the purpose
of ensuring the effective and efficient provision of administrative
services to those courts; to enhance judicial independence by placing
administrative services at arm's length from the federal government
and by affirming the roles of chief justices and judges in the management
of the courts; and to enhance the accountability for the use of
public money in support of court administration while safeguarding
the independence of the judiciary.
To fulfill its objectives the Act establishes a single administrative
structure for the Federal Court of Appeal, Federal Court, the Court
Martial Appeal Court and the Tax Court of Canada. The Chief Administrator
of the Courts Administration Service has all the powers necessary
for the effective management and administration of court services,
including court facilities, libraries, corporate services and staffing.
Notably, the powers of the Chief Administrator do not extend to
any matter assigned by law to the judiciary. This underscores the
separation between the judicial function carried out by the courts
and the Government of Canada. Second, the Act amends the Federal
Court Act to create a separate Federal Court of Appeal. Third, the
Act changes the status of the Tax Court of Canada to that of a superior
court. Accordingly, all decisions of the Tax Court of Canada, as
of July 1, 2003, will be subject to the appellate, as opposed to
the judicial review, jurisdiction of the Federal Court of Appeal.
Publications (yearly reports, magazines... ) :
Federal Court of Appeal Booklet
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Court
functions
Jurisdiction
:
Following the legislative amendments with the Courts Administration
Service Act, the Federal Court of Canada, per se, no longer exists.
Rather, the Federal Court of Appeal is a distinct court from the
Federal Court, which was formerly known as the Trial Division. However,
the Federal Court of Appeal and the Federal Court, whose authority
derives from the Federal Courts Act, possess essentially the same
jurisdiction as the former divisions of the Federal Court of Canada.
The Federal
Court of Appeal is a court of law, equity and admiralty in and for
Canada, for the better administration of the laws of Canada and
as a superior court of record having civil and criminal jurisdiction.
The Federal
Court of Appeal has a dual judicial review and appellate jurisdiction.
It has jurisdiction to hear appeals from judgments and orders, whether
final or interlocutory, of the Federal Court and of the Tax Court
of Canada. It can also review decisions of fourteen federal tribunals
listed in section 28 of the Federal Courts Act, R.S.C. 1985, c.
F-7, and may also hear appeals under other acts of Parliament.
Powers of the judge ( annulment, reversal, compensation ...)
:
The Federal Court of Appeal may:
(a) quash proceedings in cases brought before it in which it has
no jurisdiction or whenever those proceedings are not taken in good
faith;
(b) in the case of an appeal from the Federal Court, (i) dismiss
the appeal or give the judgment (ii) in its discretion, order a
new trial (iii) make a declaration as to the conclusions that the
Federal Court should have reached on the issues decided by it and
refer the matter back for continuance of the trial on the issues
that remain to be determined in the light of that declaration; and
(c) in the case of an appeal other than an appeal from the Federal
Court, (i) dismiss the appeal or give the decision that should have
been given or (ii) in its discretion, refer the matter back for
determination in accordance with such directions as it considers
to be appropriate.
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Advisory
functions
Existence
and extent of an advisory authority :
An appeal lies with the Federal Court of Appeal from a decision
by the Federal Court on a Reference matter. A Reference may be made
by a federal tribunal to the Federal Court for hearing and determination
on any question or issue of law, of jurisdiction or of practice
and procedure.
The Federal
Court of Appeal can also receive appeals from a decision of the
Federal Court regarding intergovernmental disputes.
Authority and publication of advisory opinions :
N/A
Miscellaneous
remarks
The Federal
Court of Appeal is a bilingual court, offering its services in both
of the official languages of Canada, and is a bi-jural court, administrating
the two legal systems - common law and civil law. The Federal Court
of Appeal is itinerant, in the sense that it sits and transacts
business at any place in Canada, to suit the convenience of the
parties. Its objective is to secure the just, most expeditious and
least expensive determination of every proceeding based on its merits.
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