Government of Canada / Gouvernement du Canada
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Federal Courts Act

Version of section 16 from 2002-12-31 to 2003-07-01:

Marginal note:Sittings of Court of Appeal

  •  (1) Except as otherwise provided in this Act or any other Act of Parliament, every appeal and every application for leave to appeal to the Court of Appeal, and every application for judicial review or reference to the Court of Appeal, shall be heard in the Court of Appeal before not fewer than three judges sitting together and always before an uneven number of judges, and, otherwise, the business of that Court shall be dealt with by such judge or judges as the Chief Justice may arrange.

  • Marginal note:Arrangements to be made by Chief Justice

    (2) The Chief Justice shall designate the judges to sit from time to time and the appeals or matters to be heard by them.

  • Marginal note:Place of sittings

    (3) The place of each sitting of the Court of Appeal shall be arranged by the Chief Justice to suit, as nearly as may be, the convenience of the parties.

  • Marginal note:No judge to hear appeal from own judgment

    (4) A judge shall not sit on the hearing of an appeal from a judgment he has pronounced.

  • Marginal note:Chief Justice to preside

    (5) The Chief Justice when present at any sittings of the Court of Appeal shall preside and, in the absence of the Chief Justice, the senior judge who is present shall preside.

  • R.S., 1985, c. F-7, s. 16
  • 1990, c. 8, s. 2

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