Response of the Government of Canada to the Report of the 2011 Judicial Compensation and Benefits Commission

Annex - List of Recommendations

Recommendation 1

The Commission recommends that: Effective April 1, 2012, the salary of federally appointed puisne judges sitting in all Canadian trial courts should be set, inclusive of statutory indexation, at $288,100. The statutory indexation pursuant to s. 25 of the Judges Act should be applied to the judicial salaries for each subsequent year of the Quadrennial Period.

Recommendation 2

The Commission recommends that: Puisne judges sitting on provincial and federal appellate courts should be given a salary differential of 3% above puisne judges sitting on provincial and federal trial courts. Effective April 1, 2012, their salaries should be set, inclusive of statutory indexation, at $296,700.

Recommendation 3

The Commission recommends that: Salary differentials should continue to be paid to the Chief Justice of Canada, the Justices of the Supreme Court of Canada, the chief justices and associate chief justices of the trial and appellate courts;

  • The salary differential for the chief justices and associate chief justices of the trial courts should be established in relation to the salary of the puisne judges appointed to the trial courts;
  • The salary differential for the chief justices and associate chief justices of the appellate courts should be established in relation to the salary of the puisne judges appointed to the appellate courts;
  • The salary differentials of the Chief Justice of Canada and the Justices of the Supreme Court of Canada should be established in relation to the salaries of puisne judges appointed to trial courts;

and Effective April 1, 2012, the salaries should be set, inclusive of statutory indexation, at the following levels:

  • Supreme Court of Canada
    Chief Justice of Canada $370,300
    Justices $342,800
  • Federal Court of Appeal and Provincial Courts of Appeal
    Chief Justices $325,300
    Associate Chief Justices $325,300
  • Federal Court, Tax Court and Trial Courts
    Chief Justices $315,900
    Associate Chief Justices $315,900

Recommendation 4

The Commission recommends that: The Judges Act should be amended so that senior judges of the territorial courts who elect supernumerary status receive the same treatment with regard to their retirement annuities as chief justices of both trial and appellate courts who elect supernumerary status.

Recommendation 5

The Commission recommends that: The Judges Act should be amended so that the retirement annuity of a senior judge of a territorial court who ceases to perform the duties of a senior judge and performs only the duties of a puisne judge, receiving the salary of a puisne judge, be granted a retirement annuity based on the salary of a senior judge.

Recommendation 6

The Commission recommends that: The Judges Act should be amended so that a puisne judge of an appellate court who accepts an appointment to a trial court, receiving the salary of a trial court judge, be granted a retirement annuity based on the salary of his or her former position as an appellate court judge.

Recommendation 7

The Commission recommends that: All regional senior judges in Ontario, including the senior family law judge, should be paid the same representational allowance.

Recommendation 8

The Commission recommends that: In formulating its response to this Report, the Government give weight to the importance of the perspective of reasonable, informed members of both the public and the judiciary.

Recommendation 9

The Commission recommends that: The Government give careful consideration to the third stage for assessing the rationality of a government response introduced by the Supreme Court of Canada's decision in Bodner: "Viewed globally, has the commission process been respected and have the purposes of the commission - preserving judicial independence and depoliticizing the setting of judicial remuneration - been achieved?"

Recommendation 10

The Commission recommends that: Where consensus has emerged around a particular issue during a previous Commission inquiry, in the absence of demonstrated change, such consensus should be taken into account by the Commission, and reflected in the submissions of the parties.

Recommendation 11

The Commission recommends that: The Government and the judiciary examine methods whereby the Commission process can be made less adversarial and more effective.

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