Wednesday, February 04, 2004

Canada's 1,100 federally appointed judges say their handling of important and controversial social issues like gay marriage is a key reason why they deserve a raise of more than 17 per cent this year.
The hike, which would bring their salaries to the $250,000 to $300,000 range, would cost an estimated $150 million from federal coffers -- almost five times the amount the government is offering.
"The government does not hesitate to leave the most divisive societal issues for determination by the courts," Pierre Bienvenu, a lawyer for the judges, said yesterday before a two-person commission that is examining the amount judges should be paid.
Mr. Bienvenu, appearing before the independent Judicial Salary and Benefits Commission, cited the legalization of gay marriage as a prime example of the increasing pressure on the judiciary in the era of the Charter of Rights.
Six judges on appeal courts in Ontario and British Columbia struck down Canada's ban on gay marriage as unconstitutional last year, dividing public opinion and sparking criticism that the judiciary was overstepping its boundaries.
The federal judges, however, argue that their jobs are more stressful than ever because they are "repeatedly called upon to adjudicate on sensitive and contentious matters."
The raise that the judges secure will have a ripple effect, because it is used as a benchmark for the pay of federal politicians.
Prime Minister Paul Martin's salary is the equivalent of Chief Justice Beverley McLachlin's, so when her salary increases, so does Mr. Martin's. Federal MPs earn a base salary of 50 per cent of the chief justice's.
Mr. Bienvenu told the commission that a salary increase is necessary to attract the best lawyers to the bench and keep pace with the salaries of the most senior deputy ministers.
"The reality is that in order to attract, motivate and retain the best and brightest, organizations need to pay more than they used to," said Mr. Bienvenu. "Otherwise the best and the brightest won't come and they won't stay, it's as simple as that."
The government rejects that premise, arguing that it receives 10 times more applications than there are jobs for judges.
The commission, which is formed every four years, will make its all-but-binding recommendation to the federal government this spring.
Federally appointed judges sit on provincial superior courts and courts of appeal, the Tax Court of Canada, the Federal Court of Canada and the Supreme Court of Canada.
The government is balking at their pay demand, particularly in light of spending restraints that Mr. Martin recently imposed on the federal public service. "Increases in judicial salaries will occur in the context of difficult policy choices as to new spending, reduction of the national debt, and tax relief," says the federal submission to the commission.
The judges are seeking 17.2 per cent this year and annual increases of about $3,000 in each of the following three years, as well as yearly cost-of-living adjustments.
The increase would amount to $150.4 million over the next four years, says the government, which is offering 4.5 per cent in the first year and cost-of-living allowances for the next three, a package that would cost almost $35 million.
Chief Justice Beverley McLachlin, the highest paid judge in the country, earns $278,400, so a 17-per-cent raise this year would bump her to $325,728.
The other eight Supreme Court judges, who earn $257,800, would be increased to $301,626.
But most federal judges, if they get their wish, would see pay increases to $253,422 from their current $216,600.
In the last round of salary hearings in 2000, the judges sought a 26-per-cent hike, plus annual cost-of-living increases.
The commission met them halfway, recommending an 11.2-per-cent raise, plus annual cost-of-living allowances as well as another $2,000 a year per judge to help close a gap between them and senior bureaucrats.
© The Ottawa Citizen 2004