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 amendments to the Federal Court Act, which was renamed the Federal Courts Act. The amendments split the former Federal Court of Canada into two separate courts. The Trial Division of the former court became the Federal Court, while the Appeal Division became the Federal Court of Appeal.
The former Federal Court of Canada was the successor to the Exchequer Court of Canada, which was set up in 1875 by the Liberal government of Prime Minister Alexander Mackenzie. That court was primarily a revenue court, to govern disputes over federal taxation, and also civil claims against the federal government. It was succeeded in 1971 by the Federal Court of Canada, with the two divisions, trial and appellate, and a much-expanded jurisdiction, to cover matters such as immigration, patents and copyrights, and judicial review of federal boards, commissions and agencies. The 2003 amendments split the Federal Court of Canada into the current Federal Court and Federal Court of Appeal.
On October 24, 2008, the Federal Court was given its own armorial bearings by the Canadian Heraldic Authority, the third court in Canada to be given its own coat of arms â after the Court Martial Appeal Court of Canada and Ontario Superior Court of Justice. The coat of arms features a newly created fantastical creature, the winged sea caribou, as the supporters, representing the provision of justice on air, land and sea.
The Federal Court consists of a chief justice, an associate chief justice, thirty-nine full-time judges, and nine associate judges. There is also a varying number of supernumerary positions, for judges who are approaching retirement.
Judges are appointed by the Governor in Council, namely the governor general of Canada acting on the advice of the federal Cabinet. To be appointed, a candidate must already be a judge of a superior court, or have at least ten years standing as a barrister or advocate in Canada. At least ten of the judges must come from Quebec.
The salaries of the judges and associate judges are reviewed every four years by the federal Judicial Compensation and Benefits Commission. 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.
Although based in Ottawa, the Federal Court holds sittings and motion days across Canada.
The Courts Administration Service provides registry services to several federal courts, including the Federal Court. The Federal Court 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 Federal CourtâÂÂs authority comes from the Federal Courts Act. The court can only hear cases where a federal statute confers jurisdiction on the court to hear cases of that type. The subject-matter of a grant of jurisdiction must be within federal legislative authority.
The Federal Court's jurisdiction is civil in nature. Trials and applications are conducted by a single judge, and never with a jury. The court hears cases in the following areas of law:
These instances of jurisdiction may either be exclusive or concurrent with provincial superior courts, depending on the statute. Generally, the Federal Court has exclusive authority of judicial review over decisions made by federal boards, commissions, and administrative tribunals, other than those assigned to the Federal Court of Appeal. The jurisdiction over civil actions against the federal government is concurrent with the jurisdiction of the provincial superior courts.
In some cases, the Federal Court may have the power of judicial review over decisions by the federal Cabinet under particular statutory provisions. For example, in 2024, the Federal Court held that the federal Cabinet did not meet the statutory requirement to invoke the Emergencies Act to respond to the Freedom Convoy in 2022. The Federal Court of Appeal upheld the decision.
Because it is a superior court of national jurisdiction, judgments are enforceable across Canada.
In 2020, more than 50% of the court's workload consisted of immigration and refugee cases, comprising 6,424 immigration-related matters commenced. By the end of 2024, that number had increased to 24,667 immigration-related matters commenced in 2024, which represented an increase of 44% over the year prior and quadruple the number of immigration-related cases prior to the COVID-19 pandemic.
In March 2025, the Court published a notice regarding the backlog and delays in document processing times, due primarily to the increase in the number of immigration-related matters. In May 2025, the court published a special order extending certain deadlines for key immigration documents in order to alleviate the burden for the judiciary and court staff.
Most decisions of the Federal Court may be appealed to the Federal Court of Appeal. However, decisions relating to immigration and citizenship may not be appealed unless the Federal Court certifies that the decision raises a "serious question of general importance".
In rare cases, the parties to a decision of the Federal Court can jointly seek to appeal directly to the Supreme Court of Canada, bypassing the Federal Court of Appeal in an appeal per saltum. The parties must both consent to the application, and the Supreme Court then decides whether to grant leave to appeal.