BACKGROUNDER

Implementation of the First Report of the Revised Judicial Compensation Commission

On November 18, 1997, the Supreme Court of Canada rendered a decision in a reference on remuneration of judges of the Provincial Court of Prince Edward Island that established new constitutional requirements for determining judicial compensation.

The Judicial Compensation and Benefits Commission, established by the Judges Act in response to this decision, is required to convene every four years and to make a report with recommendations within nine months of commencement. The mandate of the Commission is to inquire into the adequacy of judicial compensation and benefits by considering:

• the economic conditions in Canada, including the cost of living and overall economic position of the federal government;
• the role of financial security of the judiciary in ensuring judicial independence; and
• the need to attract outstanding candidates to the judiciary.

While the recommendations are not binding, the Supreme Court of Canada's decision requires that a rational and public justification for not accepting recommendations be provided. The reasonableness of a government's response is reviewable in a court of law and must meet the legal standard of "simple rationality", measured by the reasons and evidence offered in support of the government.

The 1999 Judicial Compensation and Benefits Commission and Government Response

The first quadrennial Commission was established on September 1, 1999. The Commission received written submissions, supported by expert and other evidence, from a broad range of interested parties, including representatives of the judiciary and the Government. It held two full days of hearings at which oral submissions were received. The Commission delivered its report to the Government on May 31, 2000.

On December 13, 2000, the Government issued its Response to the Commission, outlining the recommendations it was prepared to recommend to Parliament for implementation through amendments to the Judges Act, and provided reasoned explanation for those recommendations it was not prepared to fully accept. This Bill will implement the Government's commitments made in that response.

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Department of Justice Canada
February, 2001