The Canadian Human Rights Tribunal (French: Tribunal canadien des droits de la personne ) is an administrative tribunal established in 1977 through the Canadian Human Rights Act . It is directly funded by the Parliament of Canada and is independent of the Canadian Human Rights Commission which refers cases to it for adjudication under the act.
15-667: The tribunal holds hearings to investigate complaints of discriminatory practices and may order a respondent to a complaint to cease a practice, as well as order a respondent to pay compensation to the complainant. Decisions of the Canadian Human Rights Tribunal are reviewable by Canada's Federal Court . Federal Court decisions can then be appealed to the Federal Court of Appeal and the Supreme Court of Canada. The Federal Court can also issue and enforce decisions made by
30-457: 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, and 35 full-time judges, along with nine supernumerary judges , and eight associate judges . Law clerks are hired for not more than a one-year terms to help the judges research and prepare decisions. They are generally assigned to
45-517: A particular judge. Judges' salaries are determined annually by the Judicial Compensation and Benefits Commission. The chief justice receives $ 315,900, while other judges receive $ 288,100 annually. The Courts Administration Service provides registry services to multiple Canadian courts, including the Federal Court. The Federal Court Registry is located in Ottawa, with regional offices throughout
60-735: Is a Canadian appellate court that hears cases concerning federal matters. 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 created the Federal Court of Canada , which consisted of two divisions: the Trial Division (which replaced the Exchequer Court of Canada ) and
75-490: 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 the Courts Administration Service Act when it and the Federal Court of Appeal were split from their predecessor, the Federal Court of Canada (which had been created June 1, 1971, through the enactment of
90-1236: The Federal Court Act include the Canadian Radio-television and Telecommunications Commission, the Canadian International Trade Tribunal, the Canadian Energy Regulator, the Canada Industrial Relations Board, the Copyright Board, the Canadian Transportation Agency, the Competition Tribunal, the Public Servants Disclosure Protection Tribunal and the Specific Claims Tribunal established by the Specific Claims Tribunal Act. Salaries are determined annually by
105-657: The Federal Court Act , subsequently renamed the Federal Courts Act ). The court's authority comes from the Federal Courts Act . On October 24, 2008, the Federal Court was given its own armorial bearings by the Governor General , the third court in Canada to be given its own coat of arms – after the Court Martial Appeal Court of Canada and Ontario Superior Court of Justice . The coat of arms features
120-691: The Appeal Division. On July 2, 2003, the Courts Administration Service Act split the Federal Court of Canada into two separate courts, with the Federal Court of Appeal succeeding the Appeal Division and the new Federal Court succeeding the Trial Division. The Federal Court of Appeal hears appeals from the Federal Court and the Tax Court of Canada . The Federal Court of Appeal has original jurisdiction over applications for judicial review and appeals in respect of certain federal tribunals. Federal tribunals that are subject to judicial review under s. 28 of
135-405: The Federal Court may be appealed to the Federal Court of Appeal . Because it is a superior court of national jurisdiction, judgments are enforceable across Canada without the need for certification by the courts of a specific province. The associate judges of the court by seniority are: Federal Court of Appeal (Canada) The Federal Court of Appeal ( French : Cour d'appel fédérale )
150-450: The Judicial Compensation and Benefits Commission. As of 2020, the chief justice's salary is $ 344,400 and the other judges, including the supernumerary judges, earn $ 314,100 annually. In April 2014, the court ruled in favour of the Métis people in a case involving extending protections to Aboriginal peoples in Canada who lived off-reserve. In September 2015, the court dismissed an appeal by
165-495: 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 Court cannot hear any case unless a federal statute confers jurisdiction on the court to hear cases of that type. The Federal Court hears cases in
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#1732844308571180-450: The following areas of law: These instances of jurisdiction may either be exclusive or concurrent with provincial superior courts, depending on the statute. The court has the authority to judicially review the decisions made by federal boards, commissions, and administrative tribunals, and to resolve lawsuits by or against the federal government. More than 50% of the court's workload consists of immigration and refugee cases. Decisions of
195-544: The tribunal if violations continue and imprison an offender for contempt of court if a decision continues to be disregarded. This has happened in the cases of John Ross Taylor in 1981 and Tomasz Winnicki in 2006. Justice Anne Mactavish was appointed Chair of the Canadian Human Rights Tribunal in 1998. On November 9, 2003, J. Grant Sinclair succeeded Mactavish as the Chair of the Tribunal. On September 10, 2009, Shirish P. Chotalia
210-467: Was appointed as his successor and served to 2012. Chotalia implemented Access to Justice through customized hearing procedures focussed on restorative justice; parties reported 94 per cent satisfaction. On September 2, 2014, David L. Thomas was appointed the Chair of the Tribunal for a seven-year term. Previously its Vice-Chairperson, Jennifer Khurana was the Tribunal's acting Chairperson from September 2, 2021 until March 24, 2022. On March 25, 2022, Khurana
225-687: Was appointed the Tribunal's Chairperson for a seven-year term. In June 2018, the Supreme Court of Canada found that the tribunal's determination that the Indian Act did not violate the Canadian Human Rights Act was reasonable due to judicial deference . Access to Justice for Canadians—Customized Procedures This Canadian government –related article is a stub . You can help Misplaced Pages by expanding it . Federal Court (Canada) The Federal Court ( French : Cour fédérale )
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