An organization representing federal judges has urged the government to directly involve the Supreme Court in a dispute over their compensation, as revealed in a letter obtained by Radio-Canada. The Canadian Superior Court Judges Association believes that seeking the Supreme Court’s intervention would be a more efficient way to resolve the issue concerning a proposed salary increase ranging from $28,000 to $36,000 annually for federal judiciary judges.
The salary adjustment impacts not only judges on provincial superior courts but also Federal Court and Supreme Court judges who may play a role in resolving the dispute. Currently, the matter is under consideration by the Federal Court. If referred to the Supreme Court, the key question for the nine judges would be whether the government’s denial of the raise aligns with its constitutional duty to safeguard judicial independence.
In a letter to Justice Minister Sean Fraser on Feb. 11, Justice Janet McMurtry, the association’s chair, emphasized that involving the Supreme Court would help reduce adversarial elements in the process and prevent prolonged legal battles that could potentially reach the Supreme Court in any case. Legal expert Patrick Taillon from Université Laval noted that the situation places the deciding judges in an apparent conflict of interest but agreed that bypassing the Federal Court and going directly to the Supreme Court could expedite the resolution and limit the duration of the proceedings.
Political science professor Geneviève Tellier from the University of Ottawa highlighted the complexity of maintaining judges’ independence while ensuring social acceptance of any salary increase. The Carney government had rejected the recommendations for a pay raise put forth by the Judicial Compensation and Benefits Commission, citing economic challenges and trade war uncertainties with the United States.
The Commission’s proposal included a base salary increase of around seven percent for federally appointed judges, with chief justices’ salaries also set to rise significantly. The government’s refusal to approve the raise prompted the judges’ association to seek a judicial review, emphasizing the importance of an independent process for determining judges’ salaries to safeguard judicial independence.
The Commission argued that higher salaries would enhance the recruitment of new judges, particularly those transitioning from well-paid roles in private firms. Tellier emphasized the complexity of comparing public and private sector salaries, noting that considerations beyond financial incentives play a crucial role in judicial appointments.