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Federal Court of Appeal


As of July 2, 2003, the date of the coming into force of the Courts Administration Service Act, the two divisions of the former Federal Court of Canada became two separate courts - a court of appeal (Federal Court of Appeal) and a trial court (Federal Court).

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Overview

Independence of the judiciary, impartiality of the judges and access to justice are fundamental values in the eyes of all Canadians, and represent the very essence of a free and democratic society. The acceptance by the public of judicial decisions and public support of those decisions is dependent on the public's confidence in the integrity and independence of the judges. It is important, therefore, that the Federal Court of Appeal and its judges be perceived as independent and impartial.

As a democratic society, Canada has undergone some very important changes in the relationship between individuals and the state. The judiciary in Canada must have the necessary knowledge and experience to contribute significantly to the maintenance and ongoing evolution of our free and democratic society. The role of the courts as adjudicators of disputes, interpreters of the law and defenders of the Constitution and the Charter requires that their powers and functions be completely separate from all other stakeholders in the legal system. Canada's tradition of judicial independence guarantees that the courts will continue to be accessible to everyone and that the proceedings remain public, transparent and free of interference from the government. It is these guarantees that today maintain a strong judiciary in Canada.

The Court's decisions have an impact on the life of all Canadians — whether the subject matter be the food we eat, our entertainment or our means of transportation. The Court is also responsible for enforcing the various rights and obligations between Canadians and the federal government. It often decides issues pertaining to the social benefits granted to Canadians by the federal government, the level of taxation imposed on individuals and corporations by the federal government, and labour relations between the federal government and its employees.

The Federal Court of Appeal also affects, and is affected by, events on the international scene. It plays an essential role in the interpretation and implementation of Canada's international obligations.

The Court is readily accessible owing to its national and itinerant nature. The Court is itinerant in that it sits and hears cases anywhere in Canada, in order to be as close as possible to the parties. It is a bilingual tribunal that provides its services in both of Canada's official languages. And the Court is also bijural, because it administers the two legal systems of the common law and the civil law.


The Honourable Yves de Montigny, Chief Justice of the Federal Court of Appeal

The Honourable Yves de Montigny
The Honourable
Yves de Montigny
The Honourable Yves de Montigny was appointed to the Federal Court in November 2004 and to the Federal Court of Appeal in 2015.

Prior to his appointment to the Bench, Chief Justice de Montigny held various positions in the Department of Justice Canada, including those of Chief Legal Counsel, Public Law Group, and Senior Advisor to the Deputy Minister. He was also the Director General of Constitutional Strategy and Plans at the Privy Council Office. As well, he served as Special Advisor to the Executive Council of the Government of Quebec and Counsel in the Quebec Ministry of Justice. His main areas of practice included constitutional law, administrative law, criminal law, and international and public law.

Chief Justice de Montigny was a professor at the University of Ottawa, Faculty of Law, and a lecturer at the École du Barreau, in Quebec, and the Faculty of Law and Faculty of Continuing Education of the Université de Montréal.

Chief Justice de Montigny received a Bachelor of Laws in 1978 and a Master of Laws in 1979, both from the Université de Montréal. He also holds a Masters in Political Philosophy from Oxford University. He was admitted to the Bar of Quebec in 1983.


See also
Federal Judiciary System
Supreme Court
Federal Court
Tax Court

External Links
Federal Court of Appeal Official Website


Copyright Craig I.W. Marlatt