Judicial Compensation and Benefits Commission
Encyclopedia
The Judicial Compensation and Benefits Commission is a Canadian
commission that recommends judicial salaries for federally appointed judges.
The commission was created in 1999 by the government of Prime Minister
Jean Chrétien
, under the Judges Act. This was prompted by the Provincial Judges Reference
(1997), an opinion by the Supreme Court of Canada
, although the federal government itself was not bound by this opinion. The Reference had stated that independent commissions are needed to ensure salaries are free of political manipulation. This was based in the principle of judicial independence
, said to be implied by the preamble
of the Constitution Act, 1867
. The government accepted the Reference's suggestion that such commissions are necessary and must be "Independent, objective and effective."
Members have tenure for four years and make a report with recommendations every four years. This report is given to the Minister of Justice
. The first commissioners were Richard Drouin, Eleanore Cronk and Fred Gorbet. Later commissionerts included Gretta Chambers
.
The government receives recommendations and may give reasons accepting them or rejecting parts. The government pointed to the Supreme Court's 2005 decision Provincial Court Judges' Assn. of New Brunswick v. New Brunswick (Minister of Justice)
to show recommendations do not need to be followed entirely.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
commission that recommends judicial salaries for federally appointed judges.
The commission was created in 1999 by the government of Prime Minister
Prime Minister of Canada
The Prime Minister of Canada is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or viceroy on the exercise of the executive powers vested in them by the constitution...
Jean Chrétien
Jean Chrétien
Joseph Jacques Jean Chrétien , known commonly as Jean Chrétien is a former Canadian politician who was the 20th Prime Minister of Canada. He served in the position for over ten years, from November 4, 1993 to December 12, 2003....
, under the Judges Act. This was prompted by the Provincial Judges Reference
Provincial Judges Reference
The Provincial Judges Reference [1997] 3 S.C.R. 3 is a leading opinion of the Supreme Court of Canada in response to a reference question regarding remuneration and the independence and impartiality of provincial court judges...
(1997), an opinion by the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
, although the federal government itself was not bound by this opinion. The Reference had stated that independent commissions are needed to ensure salaries are free of political manipulation. This was based in the principle of judicial independence
Judicial independence
Judicial Independence is the idea that the judiciary needs to be kept away from the other branches of government...
, said to be implied by the preamble
Preamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute...
of the Constitution Act, 1867
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
. The government accepted the Reference's suggestion that such commissions are necessary and must be "Independent, objective and effective."
Members have tenure for four years and make a report with recommendations every four years. This report is given to the Minister of Justice
Minister of Justice (Canada)
The Minister of Justice is the Minister of the Crown in the Canadian Cabinet who is responsible for the Department of Justice and is also Attorney General of Canada .This cabinet position is usually reserved for someone with formal legal training...
. The first commissioners were Richard Drouin, Eleanore Cronk and Fred Gorbet. Later commissionerts included Gretta Chambers
Gretta Chambers
Gretta Chambers, is a Canadian journalist and former Chancellor of McGill University.She received a B.A. in political sciences from McGill University in 1947....
.
The government receives recommendations and may give reasons accepting them or rejecting parts. The government pointed to the Supreme Court's 2005 decision Provincial Court Judges' Assn. of New Brunswick v. New Brunswick (Minister of Justice)
Provincial Court Judges' Assn. of New Brunswick v. New Brunswick (Minister of Justice)
Provincial Court Judges’ Assn. of New Brunswick v. New Brunswick ; Ontario Judges’ Assn. v. Ontario ; Bodner v. Alberta; Conférence des juges du Québec v. Quebec ; Minc v. Quebec [2005] 2 S.C.R...
to show recommendations do not need to be followed entirely.