Department of Justice

MINISTER OF JUSTICE RESPONDS TO THE 1995 TRIENNIAL

COMMISSION ON JUDGES' SALARIES AND BENEFITS

    OTTAWA, March 18, 1998 -- The Minister of Justice and Attorney General of Canada, Anne McLellan, today released the Government's response to the recommendations made by the 1995 Triennial Commission on Judges' Salaries and Benefits (Scott Commission). Amendments to the Judges Act, to be tabled tomorrow, will implement the Government's response.

    In 1981, Parliament provided for an independent commission to examine the adequacy of judges' salaries and benefits, in recognition of the importance of judicial independence and of the unique constitutional role of the judiciary. A recent decision of the Supreme Court of Canada has underscored the importance of such independent commissions in ensuring the appropriate relationship between two distinct constitutional branches of government, the executive and the judiciary.

    "Judicial independence is a cornerstone of our democratic society," said Minister McLellan. "The government's response to the Scott Commission respects this principle. The government is mindful that the Report and recommendations have been outstanding for some time; the last few years have been a very difficult fiscal time for all Canadians."

    The Scott Commission recommended a phased-in salary increase of 8.3%, which the Government has accepted and proposes to phase in by 4.1% over two years. The Response notes that the Commission recommendations are reasonable in that they are for prospective increases only, which is consistent with the government's view that it would be unreasonable for the judiciary to not share in the salary restraint that was exercised by all Canadians paid by the federal government from 1992-97.

    The government has not accepted the Commission's recommendation on enhanced life insurance coverage. The government has also not accepted the Scott Commission's recommendation that justices of the Supreme Court of Canada be allowed to retire with full pension after 10 years of service. The government is proposing that their eligibility for retirement be at age 65 or above, with 10 years of service on that court.

    The government agrees with the commission's recommendation on the Rule of 80, where a combination of years on the bench and age allows a judge to retire. Three other minor pension related recommendations, dealing with survivors' benefits and the interest rate on the return of contributions, have also been accepted. These changes will bring judicial pensions in line with current pension practices. The Scott Commission's recommendation on leave of absence was implemented in November 1996.

    In addition, the government is proposing amendments to improve the independence, the objectivity and the effectiveness of the salary commission process.

    The Report of the 1995 Commission on Judges' Salaries and Benefits, chaired by David W. Scott, Q.C. was submitted to the Minister of Justice on September 30, 1996, and tabled in Parliament on October 11, 1996. Copies of the Scott Report are available by calling (613) 957-4222.

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Ref.: Johanne Senécal
Minister's Office
(613) 992-4621

Judith Bellis
Department of Justice
(613) 941-2321