The government has declined a suggestion for a salary increase ranging from $28,000 to $36,000 for federal judges put forth by an independent body. In its official response released on Monday, the government stated its disagreement with the findings of the Judicial Compensation and Benefits Commission, stating that it cannot currently justify the proposed raises.
The government clarified that its opposition is not intended as a critique of the commission or its process, but rather stems from the significant economic challenges facing Canada and a differing view on the evidence presented to the commission. This decision was made just before Prime Minister Mark Carney’s government was set to present its initial budget, which is expected to show a substantial deficit.
Presently, federal judges earn a salary exceeding $396,700 annually. The Department of Justice made this decision in response to the recommendations outlined in the 7th Judicial Compensation and Benefits Commission’s report issued on July 11. The decision referenced the impact of U.S. tariffs and the necessity to fulfill Canada’s NATO defense spending commitment.
The commission’s July report suggested an increase of $28,000 in judicial salaries, excluding statutory indexing, and proposed raising associate judge salaries from 80% to 95% of puisne judge salaries. The government highlighted that judges already receive annual salary increments based on the Industrial Aggregate Index and stated that judicial salaries are sufficient and cannot be expanded during a time of comprehensive expenditure review.
While the commission’s recommendations are not binding, it plays a crucial role in determining the salaries of judges on superior courts, the Federal Court, and the Supreme Court of Canada. Established in the late 1990s to safeguard judicial independence, the commission’s mandate includes assessing the adequacy of compensation and benefits for federally appointed judges every four years.
The government contested the commission’s assertion that current judicial salaries pose challenges in attracting qualified private sector candidates to the bench. It argued that judicial vacancies have decreased below historical averages and emphasized the continuous growth in judicial salaries, surpassing cost-of-living increases. Senator Pierre Dalphond, a former head of the Canadian Superior Court Judges Association, expressed skepticism towards the government’s reasoning and pointed out the successful recruitment of judges from prominent law firms at present.
