federal court of canada decisions

The Federal Court of Appeal has jurisdiction to hear appeals from judgments of the Federal Court and the Tax Court of Canada. 2007 - 2021-01-13. Federal Court of Canada decisions If the Court agrees with the IRB’s original decision and finds there was no error, you’ll have to leave Canada. It includes an analysis of Federal Court jurisprudence and country conditions related to Roma in Hungary. Robert Fife Ottawa Bureau Chief. Regulations. The image is an infographic explaining the appeal process in Canada’s court system, starting from the Provincial/Territorial Superior Court and Federal Court of Canada, up to the Supreme Court of Canada. SCC. Feedback, Canadian Bar Association Liaison Committee, Indigenous Bar Association - Aboriginal Law Bar Liaison Committee, Citizenship, Immigration and refugee Law Bar Liaison Committee, Intellectual Property Law Bar Liaison Committee, Labour Law, Human Rights, Pension Benefits, Privacy and Access review, Canadian Institute for the Administration of Justice, Office of the Commissioner for Federal Judicial Affairs Canada), Certified Questions (Immigration/Citizenship), Citizenship, Immigration and Refugee Protection Legislation, How to file an Application for Judicial Review, How to file an Application for Leave and for Judicial review (Citizenship), How to file an Application for Leave and for Judicial review (Immigration), Application for Leave and for Judicial review (Immigration), Application for Leave and for Judicial review (Citizenship), Application for leave and judicial review – Immigration, Application for leave and judicial review – Citizenship, Court files subject to destruction – request for extension or for copies of documents. 1998-125 1998-02-05. In Nunavut, the Nunavut Court of Justice, which is Canada’s only single-level trial court, combines the power of the superior trial court and the territorial court so that the same judge can hear all cases that arise in the territory. In addition, the Court has jurisdiction to hear judicial review applications with respect to seventeen (17) federal boards and tribunals listed under section 28 of the Federal Courts Act. The Canadian Intellectual Property Office then rejected Naturally Splendid's trademark application. Rules for Regulating the Practice and Procedure in the Federal Court of Appeal and the Federal Court . Mediators; Guidelines; Forms; 2020 Conference; Opinions & Orders; Oral Argument Recordings; Judges; Human Resources. P.C. Court Sitting Dates. Continuous coverage. 902. 2021 1 February - 17 December; Full Court & Appellate Sitting Dates. The Justices will be present in the Courtroom, and all proceedings will be livestreamed on the Court’s website. [1] Mr. Tan was serving a life sentence in Canada for second degree murder when he filed a complaint with the Canadian Human Rights Commission, alleging discrimination on … Federal Court of Appeal ... Tax Court of Canada Canadian Institute for the Administration of Justice Laws of Canada ... Court Files and Decisions. The three original plaintiffs in Daniels v. Canada (1999) were the Congress of Aboriginal Peoples (CAP); Harry Daniels, then-president of CAP; and Leah Gardner, a Non-Status Anishinaabe woman from Ontario. Link: Bombardier Inc. v. Canada (Attorney General), 2019 FC 207. 2003 - 2021-01-06 . The Federal Court’s jurisdiction includes 1. interprovincial and many federal-provincial disputes; 2. immigration and refugee matters; 3. intellectual … The Federal Court of Appeal recently dismissed a motion brought by the Minister of Health (the Minister) for stay of a judgment of the Federal Court (see our article here) that held Health Canada's refusal to issue a Certificate of Supplementary Protection (CSP) in respect of Canadian Patent No. 560. From Wikipedia, the free encyclopedia The Federal Court (French: Cour fédérale) is a Canadian trial court that hears cases arising under certain areas of federal law. COVID-19 Guide: In-person Hearings at the Federal Court - November 4, 2020, Practice Direction (COVID-19): Update #7 (January 18, 2021), | March 1, 2021 -- In BrandStorm, Inc. v. Naturally Splendid Enterprises Ltd., 2021 FC 73, BrandStorm, Inc. (“BrandStorm”) appealed the Trademark Opposition Board’s (“TMOB”) decision to reject its opposition to Naturally Splendid Enterprises Ltd.’s (“Naturally Splendid”) registration of the trademark ‘NATERA’. The reasons for their decisions on leave applications are not given. The Canadian Radio-television and Telecommunications Commission is a federal body. This page contains a form to search the Supreme Court of Canada case information database. A federal judge has struck down a key agreement on refugees between Canada and the United States, but gave Ottawa six months of breathing room to respond to the landmark decision. The court assures a bench knowledgeable on federal law generally and federal administrative law specifically. 2001 - 2021-01-06. Message from the Federal Court in Response to COVID-19 Pandemic COVID-19 Guide: In-person Hearings at the Federal Court - November 4, 2020 Practice … That was thrown into doubt by the Supreme Court of Canada in the CBC v. SODRAC decision, where Justice Rothstein concluded the opposite: licences fixed by the Board do not have mandatory binding force over a user; the Board has the statutory authority to fix the terms of licences pursuant to s. 70.2, but a user retains the ability to decide whether to become a licensee and operate … Annual Statutes. Canada (Federal) Legislation. Last update. (a) a final judgment; 2. Jurisdiction. FEDERAL COURTS ACT. 1877 - 2021-01-13 11,465. This case involved a challenge to the Chairperson's authority to issue jurisprudential guides (JGs) on issues of … CanLII is a non-profit organization managed by the Federation of Law Societies of Canada. | Federal Courts Rules. In 1971, the Federal Court of Canada was established, consisting of two divisions (the … Legal costs allowable Under Federal Court Rules 2011, Schedule 3; National Guide to Counsel Fees; Bills of costs Guide to discretionary items; Interest Rates Pre-judgment & post-judgment interest rates. Federal Court of Canada strikes down SNC-Lavalin’s request to review prosecutor’s decision to proceed with charges . 2,261,630 (630 patent) is valid: 2021 FC 42. Consolidated Statutes. Number of documents. Registration 1998-02-05. Charity-related court decisions The Income Tax Act provides for a formal objection process when a charity feels the Canada Revenue Agency (CRA) did not interpret the facts or applied the law correctly. Only cases which raise questions of public importance are granted. 1877 - 2021-01-08 11,465. Tax Court of Canada and Federal Court of Appeal decisions . SOR/98-106. 2001 - 2021-01-13. SOR/98-106. These are considered precedents. The Canadian Intellectual Property Office then rejected Naturally Splendid's trademark application. They are the official reports of the decisions of the Federal Court of Appeal and of the Federal Court. SCC-L. Supreme Court of Canada - Applications for Leave. Federal Courts Rules. Registration 1998-02-05. Important Links; Page; Court Files: Decisions: Hearing Lists: General Sittings: Summer Recess: Calendar of Hearings: This is a Modal Popup Form × Close Save changes. The Appeal Process in Canada’s Court System – text version. Whereas, pursuant to subsection 46(4) Footnote a of the Federal Court Act, a copy of the proposed Federal Court Rules, 1998 was published in the Canada Gazette Part I on September … [.] (d) a determination on a reference made by a federal board, commission or other tribunal or the Attorney General of Canada. March 1, 2021 -- In BrandStorm, Inc. v. Naturally Splendid Enterprises Ltd., 2021 FC 73, BrandStorm, Inc. (“BrandStorm”) appealed the Trademark Opposition Board’s (“TMOB”) decision to reject its opposition to Naturally Splendid Enterprises Ltd.’s (“Naturally Splendid”) registration of the trademark ‘NATERA’. You can search by the SCC 5-digit case number, by name or word in the style of cause, or by file number from the appeal court. The decision process must be clear, coherent and should not include speculations which does not take into consideration establishments of applicants as well as their hardship if forced to leave Canada. 2021 1 February - 17 December; Full Court & Appellate Sitting Dates. Wednesday, June 28, 2017 @ 9:03 AM | By Ian Burns Share Print Tweet Email. Number of documents. SCC. FEDERAL COURTS ACT. Court Sitting Dates. Rules for Regulating the Practice and Procedure in the Federal Court of Appeal and the Federal Court . Whereas, pursuant to subsection 46(4) Footnote a of the Federal Court Act, a copy of the proposed Federal Court Rules, 1998 was published in the Canada Gazette Part I on September … Like virtually every person, family, and business around the world, the Federal Court of Canada (the "Court") was forced to suspend its normal operations this year as a result of the global COVID19 pandemic. The Supreme Court of Canada is seen in Ottawa on January 16, 2020. Appeals by Saskatchewan, Ontario, and British Columbia on the constitutionality of the federal Greenhouse Gas Pollution Pricing Act (GGPPA) were heard by the Supreme Court of Canada earlier this month. by April Weppler October 20, 2020 October 20, 2020. by Joseph Castrilli. Hearings. The Federal Court of Canada ruled last month that elements of the law underpinning the pact violate the constitutional guarantee of life, liberty and security. 4,684. UKJCPC. In response to recent disclosures of wide-spread breaches of both private sector and government computer systems, federal courts are immediately adding new security procedures to protect highly sensitive documents filed with the courts. The entire collection of Federal Courts Reports going back to 1971, including full volumes, is available here. This process includes copy editing and citation verification, the preparation of headnotes and captions, and translation accuracy confirmation. Decisions published in those Reports are available in the language that they were rendered and go back to 1875. Decisions of the Supreme Court are preceded by the letter "S". Selected decisions are published in both official languages (in a side-by-side format) and undergo a thorough editorial process. Consolidated Statutes. If the Court returns your case to the IRB, your case will be reconsidered. You may wish to refer to some of these cases in your appeal. The Tax Court of Canada (TCC) decided in favour of the taxpayer on the basis that his stated intention for entering into the derivative contract, as well as the manner in which the contract was settled (cash vs. physical delivery), supported the position that the derivative was speculative in nature. The decisions of provincial superior level courts are not binding outside the borders of the relevant province or territory. (b) a judgment on a question of law determined before trial; 3. You may wish to refer to some of these cases in your appeal. Decisions of the Federal Court of Appeal (FCA) are identifiable by the letter "A" preceding their identity number - those of the Federal Court (national trial court) are preceded by the letter "T". Canada (Federal) Legislation. The Chief Justice has directed that, given the pandemic, until further notice, all counsel are to appear at hearings via videoconference, using Zoom. 27. Federal Court decision: Canadian Association of Refugee Lawyers v. Canada (Citizenship and Immigration) 2019 FC1126 On September 4, 2019, the Federal Court issued its decision in Canadian Association of Refugee Lawyers v. Canada (Citizenship and Immigration), 2019 FC 1126. Leave applications are considered by the justices in groups of three. Important Notices These disputes include 1. claims against the Government of Canada; 2. civil suits between private parties in federally-regulated areas; and 3. reviews of the decisions of most federal tribunals. Parliament also has exclusive authority over the procedure in courts that try criminal cases. Contact Us This does not mean the IRB will reverse the original decision. They went to court seeking the following three declarations: that Métis and Non-Status Indians are Indians under section 91(24) of the Constitution Act, 1867; that the federal government has a fiduciary duty or responsibility to the Métis and Non-Status Indians; and that Métis and Non-Status peoples collec… The entire collection of Federal Courts Reports going back to 1971, including full volumes, is available here. Cameco Corp. says the Federal Court of Appeal has upheld a 2018 decision of the Tax Court of Canada that was in the company's favour. You can search by the SCC 5-digit case number, by name or word in the style of cause, or by file number from the appeal court. SOR/98-106. Organizations welcome Federal Court decision confirming that sending refugees back to the US is not safe. Courts. On January 12, 2021, the Federal Court issued its decision on the reconsideration, finding again that Canadian Patent No. Notice - Covid-19: The Supreme Court of Canada building is closed to visitors due to the Covid-19 pandemic. August 3, 2020 -- The Federal Court has dismissed an application for judicial review (2020 FC 788) of Health Canada’s decision to deny Natco Pharma (Canada) Inc.’s (“Natco”) abbreviated new drug submission (“ANDS”) for a drug that contains two medicinal ingredients, tenofovir alafenamide hemifumarate (“TAF”) and emtric The Federal Court of Canada was established by Parliament in 1971 to replace the Exchequer Court and has jurisdiction over lawsuits against the federal government and specialized areas including admiralty, aeronautics, patents and copyright, as well as the power to review decisions of federal agencies and officials. In broad terms, the 630 patent claims use of the combination of infliximab with methotrexate (MTX) for the treatment of rheumatoid arthritis (RA) in patients whose disease was not controlled by previous MTX treatment alone. The Federal Courts Reports were created in 1971 when the Federal Court Act (now the Federal Courts Act) was passed. Citation: 2019 FC 207. Legal costs allowable Under Federal Court Rules 2011, Schedule 3; National Guide to Counsel Fees; Bills of costs Guide to discretionary items; Interest Rates Pre-judgment & post-judgment interest rates. FEDERAL COURTS ACT. Cameco Corp. says the Federal Court of Appeal has upheld a 2018 decision of the Tax Court of Canada that was in the company's favour. Federal Court of Appeal Website (Canada) Appeals from the Federal Court Federal Courts Act, R.S.C., 1985, c. F-7. A decision to allow US Super Bowl ads to be shown in Canada went beyond the CRTC’s power, the Supreme Court has ruled. Some examples of the sort of cases heard by the Federal Court are: judicial review of immigration decisions,; judicial review of Veterans Review and Appeal Board of Canada decisions,; intellectual property disputes,; cases involving admiralty (maritime) law, The federal government wants the Supreme Court to look at a recent decision which it says “provides a roadmap” for Canadian financial institutions to avoid paying tax, but a legal expert is saying getting before the high court will likely be a steep hill to climb. Peter v Canada (Minister of Public Safety and Emergency Preparedness), 2014 FC 1073 Key paragraphs: 314, 320, 327; Gil v. Canada (Minister of Citizenship and Immigration) (2014 FC 370) Key Paragraphs: 3, 4, 16, 17, 19, 21; Muhammad v. Canada (Minister of Citizenship and Immigration) (2014 FC 448) news . If a charity disagrees with the CRA 's decision concerning its objection, it … 1998-125 1998-02-05. 5. Annual Statutes. P.C. These are considered precedents. Regulations. Continuous coverage. Search court decisions. Each province and territory has a provincial/territorial court and hears cases involving either federal or provincial/territorial laws. https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/481023/index.do They are published pursuant to section 58 of the Act, which provides that only the decisions or the parts of them that, in the editor's opinion, are of sufficient significance or importance to warrant publication in the Reports shall be included therein. Court Decorum; Calendar of Sessions; Mediation. (a) in the case of an interlocutor… On 26 June 2020, Canada’s Federal Court of Appeal (FCA) released its decision in the case of The Queen v. Cameco Corporation, 2020 FCA 112, an appeal of the September 2018 Tax Court of Canada (TCC) decision in Cameco Corporation v. The Queen, 2018 TCC 195. (1) An appeal lies to the Federal Court of Appeal from any of the following decisions of the Federal Court: 1. July 22, 2020. | Decision TB7-19851 . Disclaimer In a decision delivered May 19 in Lawyers’ Professional Indemnity Co. v. Canada 2020 FCA 90, the Federal Court of Appeal upheld a 2018 Tax Court of Canada decision that rejected LawPRO’s claim that it should be granted tax-exempt status under a 2013 amendment … Last update. On 17 October 2018 the Federal Court of Appeal released Tan v. Canada (Attorney General), which deals with this very question. CanLII's goal is to make Canadian law accessible for free on the Internet. Cameco (TSX: CCO; NYSE: CCJ) received notice today that Canada Revenue Agency (CRA) has sought leave from the Supreme Court of Canada (Supreme Court) to appeal the June 26, 2020 decision of the Federal Court of Appeal, which found in favour of Cameco in its dispute of reassessments issued by CRA for the 2003, 2005 and 2006 tax years. federal law must be buttressed by a court that can make decisions binding across Canada. It hears and decides federal legal disputes whose subject matter has been assigned to the Court by Parliament. Decisions published in those Reports are available in the language that they were rendered and go back to 1875. It makes rules about TV, phone service, and … The Federal Court is a superior court with nationwide jurisdiction. Saskatoon, Saskatchewan, Canada, October 30, 2020. Federal court decision may have impact on evidence in immigration cases, lawyer says. (2) An appeal under this section shall be brought by filing a notice of appeal in the Registry of the Federal Court of Appeal 1. This page contains a form to search the Supreme Court of Canada case information database. (c) an interlocutory judgment; or 4. Search for cases that are similar to yours on the individual courts’ websites: The Federal Court of Canada has dismissed a request by SNC-Lavalin to review a federal prosecutor’s decision declining to settle criminal charges against the company out of court. Supreme Court of Canada. Federal authority for criminal law and procedure ensures fair and consistent treatment of criminal behaviour across the country. Courts. Provincial/territorial courts deal with: 1. most criminal offences, except the most serious ones; 2. family law matters (e.g., child support, child protection, adop… The Federal Court cannot hear any case unless a federal statute confers jurisdiction on the Court to hear cases of that type. 27. Date of decision: February 22, 2019. P.C. The Federal Courts Reports consist of four volumes per year, each volume containing three Parts (one Part being published each month). Tribunal members must follow decisions of the Supreme Court of Canada, the Federal Court of Appeal and the Federal Court. 562. Provincial and territorial superior courts hear the most serious criminal and civil cases. 2003 - 2021-01-13 . It has created the Supreme Court of Canada, the Federal Court and the Federal Court of Appeal, as well as the Tax Court. SCC-L. Supreme Court of Canada - Applications for Leave. The federal government also has the power to pose a reference to the Court on its own motion, as an original proceeding, without requiring leave from the Court. Federal Court of Canada, Balfour/THE CANADIAN PRESS Justice Sebastien Grammond, seen in an official handout photo, published his ruling in English, French, Cree and Dene. 2006 - 2021-01-15 7,921. UKJCPC. Federal Court of Canada 1. Saskatoon, Saskatchewan, Canada, October 26, 2018. 1998-125 1998-02-05. Cameco (TSX: CCO; NYSE: CCJ) received notification that the Canada Revenue Agency (CRA) has filed an appeal with the Federal Court of Appeal regarding the Tax Court of Canada (Tax Court) decision of September 26, 2018 which found in favour of Cameco for tax years 2003, 2005 and 2006. This website provides access to court judgments, tribunal decisions, statutes and regulations from all Canadian jurisdictions. Bombardier Inc. v. Canada (Attorney General) Federal Court of Canada. Office of the Commissioner for Federal Judicial Affairs Canada. (1) An appeal lies to the Federal Court of Appeal from any of the following decisions of the Federal Court: On September 4, 2019, the Federal Court issued its decision in Canadian Association of Refugee Lawyers v.Canada (Citizenship and Immigration), 2019 FC 1126.This case involved a challenge to the Chairperson's authority to issue jurisprudential guides (JGs) on issues of fact. 2007 - 2021-01-06. The Federal Courtis Canada’s national trial court. ... that the RPD's consideration of the sentencing range applicable to the offences in question was inconsistent with the decision of the Supreme Court of Canada in Febles, 2014 SCC 68. The decisions of the predecessor to the Federal Court, the Exchequer Court of Canada, are also available on FJA’s Web site. 2006 - 2020-12-23 7,899. About the Court. Saskatoon, Saskatchewan, Canada, October 26, 2018. Search for cases that are similar to yours on the individual courts’ websites: Supreme Court of Canada Tribunal members must follow decisions of the Supreme Court of Canada, the Federal Court of Appeal and the Federal Court. 902. Decisions published in the Reports, in full text or as digests, are available free of charge on Federal Judicial Affairs Canada's Web site. 4,674. Supreme Court to Rule on Federal Role in Pricing Carbon. Federal Courts Rules. Registration 1998-02-05. Cameco (TSX: CCO; NYSE: CCJ) received notification that the Canada Revenue Agency (CRA) has filed an appeal with the Federal Court of Appeal regarding the Tax Court of Canada (Tax Court) decision of September 26, 2018 which found in favour of Cameco for tax years 2003, 2005 and 2006. The decisions of the predecessor to the Federal Court, the Exchequer Court of Canada, are also available on FJA’s Web site. On 30 May 2012, the Federal Court of Appeal made public its decision in the case between the Attorney General of Canada and Donna Jodhan and the Alliance for Equality of Blind Canadians, intervener. Rules for Regulating the Practice and Procedure in the Federal Court of Appeal and the Federal Court . | Supreme Court of Canada. Sean Fine Justice Writer. A Federal Court of Canada judge issued a decision Thursday in a case involving the Canadian Judicial Council's public rebuke of Smith in the fall … Donna Jodhan, who has a vision impairment, discovered that Government of Canada web sites were inaccessible to her.

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