The government has declined proposed pay raises for federal judges suggested by an independent commission, which recommended an increase of $28,000 to $36,000. In its response, the government stated that it does not agree with the findings of the Judicial Compensation and Benefits Commission and cannot justify the raises due to the current financial situation in Canada.
The decision was made public a day before the expected presentation of the first budget by Prime Minister Mark Carney’s government, which is anticipated to have a substantial deficit. Currently, federal judges earn over $396,700 annually.
The Department of Justice’s response to the 7th Judicial Compensation and Benefits Commission’s report mentioned the impact of U.S. tariffs and the necessity to fulfill Canada’s NATO defense spending commitment. The commission’s recommendation included an increase in judicial salaries and adjustments to the percentage of associate judge salaries.
The government argued that judicial salaries are already adequate and are increased yearly using the Industrial Aggregate Index. They emphasized that judicial salaries should not result in additional fiscal spending during a period of comprehensive expenditure review. On the other hand, the commission contended that the proposed annual salary adjustments were insufficient.
While the recommendations of the commission are not binding, it plays a crucial role in determining the salaries of judges on various courts, including the Supreme Court of Canada. Established in the late 1990s to ensure judicial independence, the commission is tasked with making compensation and benefits recommendations every four years.
The government disagreed with the commission’s assertion that judicial salaries pose challenges in attracting qualified candidates from the private sector. They highlighted the steady growth of judicial salaries exceeding the cost of living increases and predicted this trend to persist.
Former head of the Canadian Superior Court Judges Association, Sen. Pierre Dalphond, expressed skepticism towards the government’s reasoning. He recalled a similar scenario in the mid-2000s when raises were rejected by the Harper government. Dalphond noted that following the commission’s recommendations would cost approximately $30 million to $40 million annually, contrasting with recent substantial increases in military spending.
Despite the government’s stance, Dalphond acknowledged the successful recruitment of judges from prominent law firms, suggesting that current salaries are competitive enough to attract high-quality candidates.