The independent body’s recommendation for a substantial raise of $28,000 to $36,000 for federal judges has been turned down by the federal government. In a recently released statement, the government expressed disagreement with the findings of the Judicial Compensation and Benefits Commission, citing the current economic conditions and the inability to justify such raises at present.
The decision, announced ahead of Prime Minister Mark Carney’s government’s upcoming budget presentation, highlighted the existing annual salary of federal judges at over $396,700. The Department of Justice responded to the 7th Judicial Compensation and Benefits Commission report issued on July 11, referencing factors like U.S. tariffs and Canada’s NATO defense spending commitment.
Although the government acknowledged that judges receive yearly salary increments through the Industrial Aggregate Index, it stated that judicial salaries are sufficient and cannot be increased during a time of financial scrutiny and potential public sector job cuts. Conversely, the commission argued that the current annual salary increases are insufficient and proposed raising the base salary for most federal judges from $396,700 to $424,700.
While the recommendations of the commission are non-binding, it plays a vital role in determining the salaries of judges across various courts in Canada. Established in the late 1990s to ensure judicial independence, the commission’s mandate is to provide recommendations on judicial compensation every four years.
The government disputed the commission’s claim that judicial salaries pose challenges in attracting qualified candidates and pointed out a decrease in judicial vacancies compared to historical averages. It emphasized the steady long-term growth of judicial salaries, exceeding the cost of living increases, with a projected continuation of this trend in the upcoming years.
Former head of the Canadian Superior Court Judges Association, Sen. Pierre Dalphond, expressed skepticism about the government’s rationale for rejecting the salary hikes, citing successful recruitment efforts from large law firms as an indication that current salaries are competitive. Dalphond recalled a similar situation in the mid-2000s when the Harper government also refused recommended raises, leading to a postponement of the debate.