Judges say they need a $60,000 raise to attract top talent. The government disagrees
The CJC is headed by Canada's Chief Justice Richard Wagner. Last year, Wagner lamented that it's 'very difficult' to be a judge in Canada, that the job doesn't pay enough in some provinces and that conditions are 'deteriorating' for magistrates across the country.
But the government is calling nonsense on both claims that judges are underpaid and that the government is struggling to attract top quality candidates to the bench.
In its submissions, Ottawa says the 'unprecedented' raise request is out of line because judges' current compensation still guarantees their financial security. Instead, the commission should recommend that their salaries remain indexed at a maximum of 14 per cent over four years.
A study conducted on behalf of the government concluded judges' total annual compensation in 2024 was $571,645 when including pension payments. The judicial pension pays two-thirds of a magistrate's salary and is indexed for life, eliminating the need to save for retirement.
The government argues that paying judges a raise valued at just under the average Canadian salary ($66,000 in September 2024) would be uncouth at a time of 'geopolitical volatility and uncertainty as well as Canadian's struggles with inflation and the high cost of living.'
Government lawyers also note that the judiciary's salary is also indexed annually following the industrial aggregate, allowing for 'generous increases' of 2.73 per cent annually on average in the last 20 years (including a 6.6 per cent increase in 2022). That's well over the rate of inflation calculated via the Consumer Price Index, they argue.
'The evidence shows that outstanding candidates from both private and public practice continue to apply for judicial appointment; matching the judicial salary to the salary of the highest earners in private practice is neither necessary nor appropriate,' government chief general counsel Elizabeth Richards added.
In separate submissions, lawyers representing federal associate justices and the chief justice of the Federal Court Paul Crampton argued that associate judges should also see their salaries increased from 80 per cent to 95 per cent of an ordinary judges'. The government also disagreed with this recommendation.
The three-member Judicial Compensation and Benefits Commission, chaired by lawyer and businesswoman Anne Giardini, is expected to publish recommendations to the government regarding changes to judges' compensation.
That report will then be handed over to the minister of justice, who has four months to say if the government accepts the recommendations or not.
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