GOVERNMENT OF CANADA INTRODUCES KEY COURT -RELATED REFORMS

OTTAWA , May 20, 2005 – Minister of Justice and Attorney General of Canada, Irwin Cotler, today introduced legislation to implement a number of key judicial and court-related reforms, including the implementation of the Government’s response to the Report of the 2003 Judicial Compensation and Benefits Commission.

The Judicial Compensation and Benefits Commission is the independent body mandated by law to inquire into and report to the Government on the adequacy of judicial salaries and benefits. The bill introduced today proposes to increase judicial salaries, as recommended by the Commission in its May 2004 report and accepted by the Government in its November 2004 response.

“Under the Constitution, it is ultimately up to Parliamentarians to establish judicial compensation. But we must also respect the principle of judicial independence, as reflected in the Commission process. I strongly urge all Parliamentarians to do what the Government has done: study the Commission report, which is informed by an evidence-based and independent analysis,” said Minister Cotler. “It is also essential to recognize that this legislation addresses very important issues of fairness for Canadian families.”

The bill includes significant measures to support families in circumstances of conflict and relationship breakdown. The Commission has recommended a long-overdue amendment to the Judges Act that will allow a judicial pension to be divided and shared with a judge’s conjugal partner when their relationship ends. This mechanism, which is currently available under all federal pensions, will allow a judge’s partner to access an equitable share of an extremely valuable family asset, thereby reducing the need for costly and time-consuming litigation.

The legislation will also contribute to faster, less costly and longer lasting resolution of family conflict through the expansion of Unified Family Courts. UFCs are made up of judges who are specialists in dealing with families and children, and who have jurisdiction over all family law matters. This specialized judicial capacity, supported by a wide range of family justice services, facilitates timely access and effective dispute resolution for all family members, and particularly children and victims of violence.

“This UFC expansion underscores our commitment to protect our most vulnerable. The additional family law judges that will be provided will respond to a demonstrated, urgent need in the family justice system, not only in relation to child protection but also in the circumstances of family breakdown that can be so destructive to all involved” said Minister Cotler. “This expansion will increase access to the justice system and deliver much-needed support to families within this system.”

The proposed amendments would provide funding to appoint 29 additional judges, 27 of whom would be dedicated to the expansion of Unified Family Courts. The other two would be available to the generalist benches of the provincial superior courts.

Consistent with practices for comparable officials in other jurisdictions across Canada , the Government is also pursuing reforms that would establish an independent compensation commission for federal prothonotaries. This group of judicial officers assists with the workload of the Federal Court by performing various judicial functions, including case management and trials involving claims of up to $50,000.

To access an online version of the Government’s response to the 2003 Quadrennial Commission, visit: http://canada.justice.gc.ca/en/dept/pub/jcbrj/index.html

To access an online version of the legislation, visit: http://www.parl.gc.ca

- 30 -

Ref.:

Denise Rudnicki
Director of Communications
Office of the Minister of Justice
(613) 992-4621

Media Relations Office
Department of Justice Canada
(613) 957-4207