Bill C-30: An Act to implement certain provisions of the budget tabled in Parliament on April 19, 2021 and other measures
Questions and Answers (Division 27)
2021-005792
Qs & As
Bill C-30 (Budget Implementation Act 2021)
New Judicial Positions
- Q 1 What do these amendments do?
- Q 2 Why are new judicial positions being created for the Federal Court of Appeal Ontario Superior Court of Justice, British Columbia Supreme Court, Saskatchewan Court of Queen’s Bench, and Tax Court of Canada?
- Q 3 Why is a new Associate Chief Justice being added to the Trial Division of the Supreme Court of Newfoundland and Labrador?
- Q 4 What is the cost of these 13 new judicial positions?
- Q 5 Will these new judicial positions allow the superior courts to keep up with their workloads? Do they take into account the potential delays created by the pandemic?
- Q 6 Shouldn’t the government prioritize spending in other areas rather than creating new judicial positions, considering the challenges faced by ordinary Canadians as a result of the pandemic?
- Q 7 Why are new judicial positions being given only to a few courts? Haven’t all superior courts across Canada faced similar challenges?
Q 1 What do these amendments do?
- These amendments create authority to appoint additional superior court judges to respond to demonstrated and projected workload pressures and delays. They also address increasing judicial management responsibilities in the Supreme Court of Newfoundland and Labrador.
- More specifically, these amendments:
- Authorize the appointment of a new Associate Chief Justice for the Supreme Court of Newfoundland and Labrador – Trial Division;
- Increase the complement of the Federal Court of Appeal by one judge;
- Increase the complement of the Ontario Superior Court of Justice by five judges;
- Increase the complement of the British Columbia Supreme Court by two judges;
- Increase the complement of the Saskatchewan Court of Queen’s Bench by two judges; and
- Increase the complement of the Tax Court of Canada by two judges.
Q 2 Why are new judicial positions being created for the Federal Court of Appeal Ontario Superior Court of Justice, British Columbia Supreme Court, Saskatchewan Court of Queen’s Bench, and Tax Court of Canada?
- Additional judges are being appointed to the Federal Court of Appeal, Ontario Superior Court of Justice, British Columbia Supreme Court, Saskatchewan Court of Queen’s Bench, and Tax Court of Canada in order to help these courts better manage increased caseloads, based on demonstrated workload pressures.
Q 3 Why is a new Associate Chief Justice being added to the Supreme Court of Newfoundland and Labrador?
- Adding a new associate chief justice position to the Supreme Court of Newfoundland and Labrador will support the long-term efficient and effective administration of justice in the province, taking into account in particular of the geographic structuring of the court into seven judicial centres, including both Family and General Divisions.
Q 4 What is the cost of these 13 new judicial positions?
- Budget 2021 announced $49.3 million over five years for these additional judges, beginning in 2021-22, and $10.4 million per year ongoing.
- As of April 1, 2021, the annual salary for a non-managerial judge is $361,100, and for a chief or associate chief justice it is $395,900. Judicial salaries are indexed annually under the Judges Act on the basis of the Industrial Aggregate Index.
Q 5 Will these new judicial positions allow the superior courts to keep up with their workloads? Do they take into account the potential delays created by the pandemic?
- These new positions will permit the courts to support continued access to justice, including by helping courts address potential delays and backlogs created by the pandemic.
- In keeping with the standardized process the Department of Justice implemented in 2017 to assess requests for new judges, a call letter was sent to all jurisdictions and the federal courts in June 2019. Given the effects of the pandemic, the process was not initiated in the context of Budget 2021. Therefore, the current resources arise from the demonstrated need communicated by courts/jurisdictions in Fall 2019.
- The Government acknowledges the significant pressures on all facets of society over the past year, including the justice system. For those jurisdictions that demonstrate sustained pressures in their courts, there will be opportunities to make future requests through a standardized process implemented by the Department of Justice.
Q 6 Shouldn’t the government prioritize spending in other areas rather than creating new judicial positions, considering the challenges faced by ordinary Canadians as a result of the pandemic?
- We recognize the economic challenges faced by all Canadians, and the Government has demonstrated its commitment to supporting Canadians in meaningful ways through various initiatives included in Budget 2021. However, supporting the courts by authorizing additional resources for superior courts is as important during times of crisis as ever. Additional judicial resources will allow the Government to contribute to addressing delays for those courts that are experiencing them, and underscore that access to justice for Canadians is a top priority of the Government.
Q 7 Why are new judicial positions being given only to a few courts? Haven’t all superior courts across Canada faced similar challenges?
- The judicial resources included in Budget 2021 respond to demonstrated need in various courts. Multiple factors impact court operations, such as volume and complexity of incoming cases, court procedures, and availability of courtrooms and technology. All courts have had to adapt to the conditions created by the pandemic, and many courts have found opportunities to innovate and create unexpected efficiencies. For those courts that experience sustained pressures, there will be opportunities to support future requests for additions to complement through a standardized submission process implemented by the Department of Justice.
- Date modified: