The Federal Court of Appeal () 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
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". 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.
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.
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
thumb|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.
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.
Administration
thumb|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. 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.
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:
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The total dispositions can be shown as follows:
Judges of the Federal Court of Appeal
Current Judges
{|class="wikitable sortable sticky-header-multi"
! Name
! Date appointed
! Nominated by prime minister
! Position prior to appointment
|-
| rowspan="2"|Chief Justice Yves de Montigny|| 2023 || Trudeau || rowspan="2"|Federal Court
|-
| 2015 (as Judge of the Court) || Harper
|-
| David W. Stratas || 2009 || Harper || Partner at Heenan Blaikie LLP
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| Wyman W. Webb (supernumerary) || 2012 || Harper || Tax Court of Canada
|-
| Donald J. Rennie|| 2015 || Harper || Federal Court
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| Mary J.L. Gleason|| 2015 || Harper || Federal Court
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| 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
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| Nathalie Goyette || 2022 || Trudeau || Partner, Davies Ward Phillips & Vineberg
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| Gerald Heckman || 2023 || Trudeau || Professor, University of Manitoba
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| Monica Biringer || 2023 || Trudeau || Tax Court of Canada
|-
| Elizabeth Walker || 2024 || Trudeau || Federal Court
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| Vanessa Rochester || 2024 || Trudeau || Federal Court
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| Panagiotis Pamel || 2024 || Trudeau || Federal Court
|-
! colspan=4 | Source: Federal Court of Appeal
|}
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
{| class="wikitable"
! colspan="2"|Former Chief Justices of the Federal Court of Appeal
|-
! Name
! Term in office
|-
| style="background:gold"|John D. Richard || July 3, 2003 – July 30, 2009
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| Pierre Blais || September 9, 2009 – June 23, 2014
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| style="background:gold"|Marc Noël || October 9, 2014 – July 31, 2023
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! colspan="2"|Sources: Federal Court of Appeal
|}
{|class="wikitable sortable sticky-header-multi"
! colspan="2"|Former Judges of the Federal Court of Appeal
|-
! Name
! Term in office
|-
| style="background:gold"|Arthur J. Stone || July 3, 2003 – November 19, 2004
|-
| style="background:gold"|Alice Desjardins || July 3, 2003 – August 11, 2009
|-
| style="background:gold"|Robert Décary || July 3, 2003 – July 1, 2009
|-
| style="background:gold"|Allen M. Linden || July 3, 2003 – October 7, 2009
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| style="background:gold"|Julius A. Isaac || July 3, 2003 – July 18, 2003
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| style="background:gold"|Gilles Létourneau || July 3, 2003 – December 31, 2012
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| style="background:gold"|Barry L. Strayer || July 3, 2003 – May 1, 2004
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| style="background:gold"|J. Edgar Sexton || July 3, 2003 – October 10, 2011
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| style="background:gold"|Marc Noël || July 3, 2003 – October 10, 2014
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| style="background:LightCoral"|Marshall E. Rothstein || July 3, 2003 – March 1, 2006
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| style="background:gold"|Brian D. Malone || July 3, 2003 – July 27, 2007
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| style="background:gold"|Karen Sharlow || July 3, 2003 – September 30, 2014
|-
| style="background:gold"|John Maxwell Evans || July 3, 2003 – December 31, 2013
|-
| style="background:gold"|Marc Nadon || July 3, 2003 – July 25, 2021
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| style="background:gold"|J. D. Denis Pelletier || July 3, 2003 – September 1, 2023
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| style="background:gold"|Judith M. Woods || July 3, 2003 – December 31, 2025
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| C. Michael Ryer ||
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| Johanne Trudel || April 26, 2007 – April 30, 2018
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| Carolyn Layden-Stevenson† || December 12, 2008 – June 27, 2012
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| style="background:khaki"|Eleanor R. Dawson || December 28, 2009 – July 22, 2020
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| style="background:khaki"|Robert M. Mainville || June 18, 2010 – June 30, 2014
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| style="background:khaki"|Johanne Gauthier || October 21, 2011 – September 1, 2023
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| style="background:khaki"|David G. Near || February 8, 2013 – September 1, 2021
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| style="background:khaki"|André F.J. Scott || January 30, 2014 – October 22, 2018
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| style="background:khaki"|Richard Boivin || April 11, 2014 – September 1, 2025
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| Marianne Rivoalen || September 20, 2018 – June 1, 2023
|-
! colspan="2"|Sources: Federal Court of Appeal