For Immediate Release
October 25, 2006
OTTAWA – The Canadian Bar Association is calling for amendments to Bill C-17 (amendments to the Judges Act) to reflect the recommendations of the 2003 Judicial Compensation and Benefits Commission in order to protect the independence and impartiality of Canada’s judges.
The 2003 Commission recommended a salary increase for judges effective April 1, 2004. The government rejected that proposal and substituted a lower amount. The CBA says the government’s explanation for not following the 2003 Commission Report may not comply with constitutional requirements to provide adequate reasons.
“The government response is too vague and does not follow established constitutional principles. The response must provide specific details about its ‘other priorities’ including costs,” says CBA President J. Parker MacCarthy, Q.C., of Duncan, B.C.
Without adequate reasons for not following the recommendations of the 2003 Commission, the CBA says the government “is sending a message that it has chosen to disregard the Commission’s recommendations because it does not agree with them. Such a perception risks damaging judicial independence and public support for the administration of justice,” says Parker MacCarthy.
“Canadians have a right to have disputes heard by an independent judge, one who is fair and impartial, and is seen to be so. This principle is a cornerstone of our democracy, and judicial compensation is one of the pillars on which independence is based. Judges must be isolated from the vagaries of salary negotiations, lest they are seen as beholden to the government,” says Parker MacCarthy.
The best outcome for judicial independence would be for Bill C-17 to be amended immediately to comply with the 2003 Commission report. Failing immediate implementation and recognizing that further delay will only harm judicial independence, the CBA recommends passage of the bill – with the caveat that the Standing Committee’s report to Parliament clearly identifies the deficiencies in the government response.
Robert Leurer, Q.C., of Regina, a member of the CBA’s Judicial Compensation Committee, will present the CBA brief to the Commons Standing Committee on Justice and Human Rights on Wednesday, Oct. 25, 2006, at 3:30 p.m. in Room 371, West Block. The CBA submission is available on the CBA website at:
http://www.cba.org/CBA/submissions/pdf/06-46-eng.pdf
The Canadian Bar Association is dedicated to improvement in the law and the administration of justice. Some 36,000 lawyers, law teachers, and law students from across Canada are members.
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CONTACT: Hannah Bernstein, Canadian Bar Association, Tel: (613) 237-2925, ext. 146; E-mail: hannahb@cba.org.
