Salary increases from $ 28,000 to $ 36,000 suggested for federal judges

The 1200 federal judges are expected to receive a salary increase of at least $ 28,000 – which would reach $ 36,000 in the case of the Supreme Court of Canada – so that the judiciary remains an attractive career for the best lawyers in the private sector.

This is the conclusion of the Commission for the Remuneration of the Judges. For example, who has the mandate to determine the salary of the judges who sit in particular at the higher education of each province, the Federal Court, the Tax Court and the Supreme Court of Canada.

The Commission concluded that the treatment and benefits currently paid to the judges are inadequate […] An appropriate increase in the current treatment of judges is necessary in order to ensure that more exceptional candidates. Similarly, are not discouraged salary increases $ 28,000 $ to apply for the magistracysays the examination committee in its report which has just been made public.

By ruling in favor of a salary catch -up. Moreover, the examination committee leaning on the side of the judges, who militated for a twice higher increase in the basic salary of the federal judges. Meanwhile, Ottawa, for its part, rejected the request for wage catch -up, notably invoking its deficit budgetary situation and economic uncertainty.

Following its consultations. Therefore, the examination committee therefore proposes that the basic salary of the majority of judges goes from $ 396,700 to $ 424,700, while that of chief judges of several courses drops from $ 435,000 to $ 465,700.

As for the Supreme Court. Therefore, the chief judge’s salary would drop from $ 510,000 to $ 546,000, while that of the other eight judges would increase by $ 33,000, reaching $ 505,700.

This increase would be added to the annual increases linked to inflation. For example, calculated according to the average increase in wages to the country.

According to the examination committee. Furthermore, this wage catching up is essential so that the best salary increases $ 28,000 $ lawyers continue to apply for the magistracy. Similarly, According to calculations by the examination committee. the average wages of lawyers in the private sector which could logically aspire to the judiciary exceeds $ 700,000.

Although the recommendations of the examination committee are not binding. it was created following a decision of the Supreme Court in the 1990s which aimed to guarantee the independence of the magistracy in the face of executive and legislative power.

Salary increases $ 28,000 $

Ottawa opposes wage catch -up

During the consultation process of the examination committee. the federal government argued in favor of the simple indexing of judges’ salary, even asking that the increases be capped at 14 %.

In doing so. Ottawa rejected the main request for judges, a wage catch -up to compete with higher wages in the private sector.

Not only does this increase have no legal basis. but it is insensitive to the current economic challenges of Canadianslaunched the federal government in its submission to the examination committee.

In addition to their salary. judges benefit from a generous pension plan which is equivalent to around $ 100,000 in additional remuneration per year, according to the federal salary increases $ 28,000 $ government.

Other factors. such as the desire to serve the public, irremovibility, as well as the quality of life associated with judicial function, are all important incentives to accept the appointment to the magistracysaid the federal government.

In this context. Ottawa stresses that it has no difficulty providing vacancies on the country’s scale and that the salary question does not reduce the attraction of the judiciary.

The results speak for themselves: the judiciary has never been so diverse. and there are more qualified women, racialized people and members of indigenous peoples who have access to judicial roles than ever beforepleaded the federal government.

In response to the suggestions of the examination committee. a spokesman for the Minister of Justice said that the government will take the time to carefully examine the recommendations And will respond to it in the coming salary increases $ 28,000 $ months.

The Harper government had rejected the recommendations of the examination committee in 2006, invoking the economic situation. The judges and the government later agreed to postpone the salary increases to the next cycle of consultations on remuneration.

Former judge of the Quebec Court of Appeal. Senator Pierre Dalphond says that Ottawa would risk being before the Federal Court if he decides to ignore the results of the examination committee this year.

The government, its room for maneuver is very limited […] The Commission has reported and the government can only dismiss it if it demonstrates that this report is unreasonable. It’s still a fairly high burdenhe underlines.

Salary increases $ 28,000 $

The position of the judges

According to their professional associations. judges in federal courses suffer from a significant and persistent gap With the salary of salary increases $ 28,000 $ experienced lawyers, which would undermine the recruitment of the most qualified candidates for the Canadian magistracy.

In a joint submission. the Canada Magistracy Council and the Canadian Association of Higher Court judges have decreed a difference of about $ 300,000 between the wages of judges and that of comparable level lawyers in the private sector.

This persistent. considerable gap constitutes a major obstacle to ensure that the eminent members of the bar remain interested in an appointment to the judiciarysaid the judges’ associations in their submission.

The submission of the judges quotes the Supreme Court of Canada for whom Financial security is. a central characteristic of judicial independence.

During consultations held by the examination committee. the chief judge of the Ontario Superior Court of Justice said that, in the current context, it may be difficult to convince lawyers to apply for the magistracy.

A reason often invoked to explain this lack of interest is the combination of the significant workload of judges of higher prices. the perception of insufficient remuneration for this worksaid judge Geoffrey Morawetz.

In the eyes of the Canadian Bar association, the salary increases $ 28,000 $ federal government must absolutely endorse the proposal of the examination committee.

If a government refuses to fully subscribe to the recommendations on the remuneration of judges. is slow to follow it, it is all the integrity of the process of establishing the compensation of judges which is compromised. In the end, the independence of judges could be threatenedlaunched the association earlier this year.

The dean of the Faculty of Law to Osgoode Hallto Toronto. Trevor Farrowsaid that an apolitical process of fixing judges were necessary to guarantee judicial independence. He added that this principle was all the more important since the rule of law is called into question. all over the world.

The compensation of judges should not be a political issue, it should not be part of political negotiationshe said.