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Appeals from the Federal Court

Federal Courts Act, R.S.C., 1985, c. F-7

27. (1) An appeal lies to the Federal Court of Appeal from any of the following decisions of the Federal Court:

  • (a) a final judgment;
  • (b) a judgment on a question of law determined before trial;
  • (c) an interlocutory judgment; or
  • (d) a determination on a reference made by a federal board, commission or other tribunal or the Attorney General of Canada.
  • [...]

(2) An appeal under this section shall be brought by filing a notice of appeal in the Registry of the Federal Court of Appeal

  • (a) in the case of an interlocutory judgment, within 10 days after the pronouncement of the judgment or within any further time that a judge of the Federal Court of Appeal may fix or allow before or after the end of those 10 days; and
  • (b) in any other case, within 30 days, not including any days in July and August, after the pronouncement of the judgment or determination appealed from or within any further time that a judge of the Federal Court of Appeal may fix or allow before or after the end of those 30 days.

(3) All parties directly affected by an appeal under this section shall be served without delay with a true copy of the notice of appeal, and evidence of the service shall be filed in the Registry of the Federal Court of Appeal.

(4) For the purposes of this section, a final judgment includes a judgment that determines a substantive right except as to any question to be determined by a referee pursuant to the judgment.

40. (1) If the Federal Court of Appeal or the Federal Court is satisfied, on application, that a person has persistently instituted vexatious proceedings or has conducted a proceeding in a vexatious manner, it may order that no further proceedings be instituted by the person in that court or that a proceeding previously instituted by the person in that court not be continued, except by leave of that court.

(2) An application under subsection (1) may be made only with the consent of the Attorney General of Canada, who is entitled to be heard on the application and on any application made under subsection (3).

(3) A person against whom a court has made an order under subsection (1) may apply to the court for rescission of the order or for leave to institute or continue a proceeding.

(4) If an application is made to a court under subsection (3) for leave to institute or continue a proceeding, the court may grant leave if it is satisfied that the proceeding is not an abuse of process and that there are reasonable grounds for the proceeding.

(5) A decision of the court under subsection (4) is final and is not subject to appeal.

52. The Federal Court of Appeal may

  • (b) in the case of an appeal from the Federal Court,
    • (i) dismiss the appeal or give the judgment and award the process or other proceedings that the Federal Court should have given or awarded,
    • (ii) in its discretion, order a new trial if the ends of justice seem to require it, or
    • (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 a continuance of the trial on the issues that remain to be determined in light of that declaration;

Immigration and Refugee Protection Act, S.C. 2001, c. 27

72. (1) Judicial review by the Federal Court with respect to any matter - a decision, determination or order made, a measure taken or a question raised - under this Act is commenced by making an application for leave to the Court.

(2) The following provisions govern an application under subsection (1):

  • [...]
  • (e) no appeal lies from the decision of the Court with respect to the application or with respect to an interlocutory judgment.

74. Judicial review is subject to the following provisions:

  • [...]
  • (d) an appeal to the Federal Court of Appeal may be made only if, in rendering judgment, the judge certifies that a serious question of general importance is involved and states the question.

79. An appeal from the determination [of the Federal Court respecting the reasonableness of a security certificate] may be made to the Federal Court of Appeal only if the judge certifies that a serious question of general importance is involved and states the question. However, no appeal may be made from an interlocutory decision in the proceeding.

82.3 An appeal from a decision [of the Federal Court] made under any of sections 82 to 82.2 [security detention] may be made to the Federal Court of Appeal only if the judge certifies that a serious question of general importance is involved and states the question. However, no appeal may be made from an interlocutory decision in the proceeding.

Citizenship Act, R.S.C. 1985, c. C-29

14. (6) A decision of the [Federal Court] pursuant to an appeal made under subsection (5) [from a decision of a citizenship judge] is, subject to section 20, final and, notwithstanding any other Act of Parliament, no appeal lies therefrom.

16. Notwithstanding section 28 of the Federal Courts Act, the Federal Court of Appeal does not have jurisdiction to hear and determine an application to review and set aside a decision made under this Act if the decision may be appealed under section 14 of this Act.

Competition Act, R.S.C., 1985, c. C-34

30.24 (2) An appeal lies, with leave, on a question of law alone, to the Federal Court of Appeal, from any order or decision of the Federal Court or the Tribunal made under this Part [Mutual Legal Assistance], if the application for leave to appeal is made to a judge of that Court within fifteen days after the order or decision.

34. (1) Where a person has been convicted of an offence under Part VI [Offences in Relation to Competition], the court may, at the time of the conviction, on the application of the Attorney General of Canada or the attorney general of the province, in addition to any other penalty imposed on the person convicted, prohibit the continuation or repetition of the offence or prohibit the doing of any act or thing, by the person convicted or any other person, that is directed toward the continuation or repetition of the offence.

[...]

(3) The Attorney General of Canada or the attorney general of the province or any person against whom an order is made under this section may appeal against the order or a refusal to make an order or the quashing of an order

  • (a) from a superior court of criminal jurisdiction in the province to the court of appeal of the province, or
  • (b) from the Federal Court to the Federal Court of Appeal,

as the case may be, on any ground that involves a question of law or, if leave to appeal is granted by the court appealed to within twenty-one days after the judgment appealed from is pronounced or within such extended time as the court appealed to or a judge thereof for special reasons allows, on any ground that appears to that court to be a sufficient ground of appeal.

73. (3) An appeal lies from the Federal Court to the Federal Court of Appeal and from the Federal Court of Appeal to the Supreme Court of Canada in any prosecution or proceedings under Part VI [Offences in Relation to Competition] or section 66 of this Act [Part VII.I Deceptive Marketing Practices and Part VIII Matters Reviewable by Tribunal] as provided in Part XXI of the Criminal Code for appeals from a trial court and from a court of appeal.

74.18 (1) An appeal may be brought in the Federal Court of Appeal from any decision or order made under this Part [VII.I Deceptive Marketing Practices], or from a refusal to make an order, by the Tribunal or the Federal Court.

(3) Where the Federal Court of Appeal or the court of appeal of the province allows an appeal under this section, it may quash the decision or order appealed from, refer the matter back to the court appealed from or make any decision or order that, in its opinion that court should have made.

74.19 An appeal on a question of fact from a decision or order made under this Part [VII.1 Deceptive Marketing Practices] may be brought only with the leave of the Federal Court of Appeal or the court of appeal of the province, as the case may be.

Canada Evidence Act, R.S.C. 1985, c. C-5

37.1 (1) An appeal lies from a determination under any of subsections 37(4.1) to (6) [disclosure of information upon an objection of a Minister of the Crown in right of Canada and orders not to disclose such information before a court, person or body with jurisdiction to compel the production of information]

  • (a) to the Federal Court of Appeal from a determination of the Federal Court;
  • [...]

(2) An appeal under subsection (1) shall be brought within 10 days after the date of the determination appealed from or within any further time that the court having jurisdiction to hear the appeal considers appropriate in the circumstances.

38.08 If the judge determines that a party to the proceeding whose interests are adversely affected by an order made under any of subsections 38.06(1) to (3) [determinations related to potentially injurious information which could injure international relations or national defence or national security] was not given the opportunity to make representations under paragraph 38.04(5)(d), the judge shall refer the order to the Federal Court of Appeal for review.

38.09 (1) An order made under any of subsections 38.06(1) to (3) [determinations related to potentially injurious information which could injure international relations or national defence or national security] may be appealed to the Federal Court of Appeal.

(2) An appeal shall be brought within 10 days after the day on which the order is made or within any further time that the Court considers appropriate in the circumstances.

Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17

60. (12) An appeal lies from a determination under subsection (9) [Determination of Chief Justice of the Federal Court concerning an objection by the Director of the Financial Transactions and Reports Analysis Centre of Canada to disclose information to the Attorney General]to the Federal Court of Appeal.]

(13) An appeal under subsection (12) shall be brought within 10 days after the date of the determination appealed from or within such further time as the Federal Court of Appeal considers appropriate in the circumstances.

(14) An application under subsection (9) or an appeal brought in respect of that application shall be heard in private and, on the request of the person objecting to the disclosure of the information or documents, be heard and determined in the National Capital Region described in the schedule to the National Capital Act.

(15) During the hearing of an application under subsection (9) or an appeal brought in respect of that application, the person who made the objection in respect of which the application was made or the appeal was brought shall, on the request of that person, be given the opportunity to make representations ex parte.

60.1 (11) An appeal lies from a determination under subsection (8) to the Federal Court of Appeal. [Determination of Chief Justice of the Federal Court concerning an objection by the Director of the Financial Transactions and Reports Analysis Centre of Canada to disclose information to CSIS]

(12) An appeal under subsection (11) shall be brought within 10 days after the date of the determination appealed from or within such further time as the Federal Court of Appeal considers appropriate in the circumstances.

(13) An application under subsection (8) or an appeal brought in respect of that application shall be heard in private and, on the request of the person objecting to the disclosure of the information or documents, be heard and determined in the National Capital Region described in the schedule to the National Capital Act.

(14) During the hearing of an application under subsection (8) or an appeal brought in respect of that application, the person who made the objection in respect of which the application was made or the appeal was brought shall, on the request of that person, be given the opportunity to make representations ex parte.

60.3 (8) An objection made under subsection (7) may be determined, on application, in accordance with subsection (9), by the Chief Justice of the Federal Court, or by any other judge of that Court that the Chief Justice may designate to hear those applications. [Determination of Chief Justice of the Federal Court concerning an objection by the Director of the Financial Transactions and Reports Analysis Centre of Canada to disclose information to the Commissioner of Revenue]

(11) An appeal lies from a determination under subsection (8) to the Federal Court of Appeal.

(12) An appeal under subsection (11) shall be brought within 10 days after the date of the determination appealed from or within any further time that the Federal Court of Appeal considers appropriate in the circumstances.

(13) An application under subsection (8) or an appeal brought in respect of that application shall be heard in private and, on the request of the person objecting to the disclosure of the information or documents, be heard and determined in the National Capital Region described in the schedule to the National Capital Act.

(14) During the hearing of an application under subsection (8) or an appeal brought in respect of that application, the person who made the objection in respect of which the application was made or the appeal was brought shall, on his or her request, be given the opportunity to make representations ex parte.

Criminal Code, R.S.C., 1985, c. C-46

462.48 (10) An appeal lies from a determination under subsection (7) to the Federal Court of Appeal. [Determination of the Chief Justice of the Federal Court concerning an objection by the Minister of National Revenue to disclose information under a court order issued pursuant to subsection 462.48(3) of the Criminal Code].

(11) An appeal under subsection (10) shall be brought within ten days from the date of the determination appealed from or within such further time as the Federal Court of Appeal considers appropriate in the circumstances.

(12) An application under subsection (7) or an appeal brought in respect of that application shall

  • (a) be heard in camera; and
  • (b) on the request of the person objecting to the disclosure of information, be heard and determined in the National Capital Region described in the schedule to the National Capital Act.

(13) During the hearing of an application under subsection (7) or an appeal brought in respect of that application, the person who made the objection in respect of which the application was made or the appeal was brought shall, on the request of that person, be given the opportunity to make representations ex parte.

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Date Modified: 2015-09-09