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Backgrounder
Military Judges Compensation Committee
BG–04.047 - January 31, 2005
The Supreme Court of Canada ruled in 1997 in the PEI Judges case, that there are three core characteristics of judicial independence guaranteed by the Canadian Charter of Rights and Freedoms: security of tenure, financial security and institutional independence.
The Court Martial Appeal Court of Canada (CMAC) found in the 1998 Lauzon v the Queen decision, that the pay structure for military judges did not offer financial security and that military judges did not have an independent, effective and objective mechanism for the determination of their compensation.
The Military Judges Compensation Committee (MJCC) was established by regulations made on 1 September 1999 under the authority of amendments made the National Defence Act by Bill C25.
The MJCC is similar in role and composition to the commission that performs periodic reviews of the remuneration of superior and federal court judges. The MJCC has a mandate to inquire into the adequacy of the remuneration of military judges, taking into account the prevailing economic conditions in Canada, including the cost of living and the overall economic and current financial position of the federal government; the role of financial security of military judges in ensuring judicial independence; the need to attract outstanding officers as military judges; and any other objective criteria that the Committee considers relevant. In addition the Minister may refer any other matter to the Committee concerning the remuneration of military judges.
The Committee consists of three independent members: a chairperson and two members from outside the Department who hold positions for a term of four years, one of whom is nominated by the Defence Minister and one by the military judges. The two members then nominate the chairperson. The members and the chair are appointed for four-year terms and may be re-nominated for one further term. This form of selection enhances the independence of the Committee appointments, similar to the process for other federally appointed judges.
The members of the 2003 Committee are:
- the Honourable Claire L'Heureux-Dubé (nominated by the military judges);
- Dr. Ian Clark (nominated by the MND); and
- the Honourable Peter Cory, Q.C. (Chairperson).
The members of the current Military Judges Compensation Committee conducted one inquiry during their four-year term, which began on 1 September 2003. The Committee delivered its report on 31 May 2004.
The Minister had until 30 November 2004 to respond to the Committee's report and recommendations. During that period the report was analyzed and consultations took place with Treasury Board, the Department of Justice and the Privy Council Office. Although the recommendations of the Committee are not binding, reasonable justification would be required for any modifications or failure to implement recommendations.
On 29 November 2004 the Government of Canada announced that it had accepted the recommendations of the Committee. The report is available on line at: http://www.forces.gc.ca/site/Reports/mjcc04/index_e.asp
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