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

Act current to 2013-05-20 and last amended on 2013-04-01. Previous Versions

Marginal note:Reasons for judgment to be filed

51. If a judge gives reasons for a judgment pronounced by the judge or pronounced by a court of which the judge was a member, the judge shall file a copy of the reasons in the Registry of the court.

  • R.S., 1985, c. F-7, s. 51;
  • 2002, c. 8, s. 48.
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JUDGMENTS OF FEDERAL COURT OF APPEAL

Marginal note:Powers of Federal Court of Appeal

52. The Federal Court of Appeal may

  • (a) quash proceedings in cases brought before it in which it has no jurisdiction or whenever those proceedings are not taken in good faith;

  • (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; and

  • (c)  in the case of an appeal other than an appeal from the Federal Court,

    • (i) dismiss the appeal or give the decision that should have been given, or

    • (ii) in its discretion, refer the matter back for determination in accordance with such directions as it considers to be appropriate.

  • (d) [Repealed, 1990, c. 8, s. 17]

  • R.S., 1985, c. F-7, s. 52;
  • 1990, c. 8, s. 17;
  • 2002, c. 8, s. 50.
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EVIDENCE

Marginal note:Taking of evidence

  • 53. (1) The evidence of any witness may by order of the Federal Court of Appeal or the Federal Court be taken, subject to any rule or order that may relate to the matter, on commission, on examination or by affidavit.

  • Marginal note:Admissibility of evidence

    (2) Evidence that would not otherwise be admissible is admissible, in the discretion of the Federal Court of Appeal or the Federal Court and subject to any rule that may relate to the matter, if it would be admissible in a similar matter in a superior court of a province in accordance with the law in force in any province, even though it is not admissible under section 40 of the Canada Evidence Act.

  • R.S., 1985, c. F-7, s. 53;
  • 2002, c. 8, s. 51.
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Marginal note:Who may administer oath, affidavit or affirmation

  • 54. (1) All persons authorized to take and receive affidavits to be used in any of the superior courts of a province may administer oaths and take and receive affidavits, declarations and solemn affirmations to be used in the Federal Court of Appeal or the Federal Court.

  • Marginal note:Person empowered by commission

    (2) The Governor in Council may, by commission, empower any person who the Governor in Council thinks necessary, in or outside Canada, to administer oaths and to take and receive affidavits, declarations and solemn affirmations in or concerning any proceeding had or to be had in the Federal Court of Appeal or the Federal Court.

  • Marginal note:Oath, affidavit or affirmation is valid

    (3) Every oath, affidavit, declaration or solemn affirmation taken or made under this section is as valid and of the same effect, to all intents, as if it had been administered, taken, sworn, made or affirmed before the Federal Court of Appeal or the Federal Court.

  • Marginal note:Style of commissioner

    (4) Every commissioner empowered under subsection (2) shall be styled a commissioner for administering oaths in the Federal Court of Appeal and the Federal Court.

  • R.S., 1985, c. F-7, s. 54;
  • 2002, c. 8, s. 51.
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