The court was created on May 30, 1849, as the Court of Queen's Bench (French: Cour du Banc de la Reine) – or Court of King's Bench (Cour du Banc du Roi) depending on the gender of the current monarch serving as head of state first of the United Kingdom, then of Canada.

[3] The Court of Appeal almost never hears witnesses, and lawyers' oral and written submissions are kept to strict maximum lengths.

This was the first time in Canada that a jury acquittal had been replaced by a conviction, on appeal, rather than a new trial being ordered.

Subsequently, Parliament amended the Criminal Code removing the ability of provincial courts of appeal to substitute jury acquittals with convictions.

As a "Superior Court" under section 96 of the Constitution Act, 1867, Court of Appeal judges are appointed by the governor general of Canada on the advice of the prime minister of Canada (in practical terms the advice is always followed).