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Backgrounder Implementing the Government’s Response to the Judicial Compensation and Benefits Commission As part of a comprehensive set of judicial and court-related reforms, the Government of Canada has introduced legislation to implement its Response to the May 2004 Report of the Judicial Compensation and Benefits Commission. The Supreme Court of Canada in 1997 rendered a key decision, the PEI Judges Reference, concerning the constitutional requirements for the financial security of judges. In order to protect judicial independence, governments are required to have “independent, objective and effective” commissions to consider the adequacy of judicial compensation and make recommendations to government. Accordingly, the Judicial Compensation and Benefits Commission is established under the Judges Act to inquire every four years into the adequacy of the salaries and benefits of the federally appointed judiciary. The Commission consists of three members: one is nominated by the judiciary and another by the federal Minister of Justice, and these two then nominate a Chairperson. As a result, the Minister of Justice appointed Roderick A. McLennan, Q.C., Chair, Earl A. Cherniak, Q.C., and Gretta Chambers, C.C., O.Q. to the 2003 Commission. The Commission sought and received written submissions, supported by evidence and expert reports, from a broad range of interested parties, including representatives of judiciary and Government. Two days of public hearings were held in February 2004. The Commission delivered its Report in May 2004. The Report was tabled in Parliament in October 2004 and the Government released its Response to the Report in November 2004. The Government is fully committed to this independent Commission process and has accepted all but one of the recommendations in the Commission’s 2004 Report. The exception relates to the judiciary’s legal representational costs in appearing before the Commission, which the Government would modify by reimbursing 66% of costs, both disbursements and legal fees. The Commission recommended reimbursement of 100% of disbursements and 66% of legal fees. The proposed amendments to the Judges Act would:
To access an online version of the Government’s response, visit: http://canada.justice.gc.ca/en/dept/pub/jcbrj/index.html -30- Department of Justice |
Last Updated:2005-10-20 | Important Notices |