The government has declined a proposal for a salary increase of $28,000 to $36,000 for federal judges put forth by an independent body. In their response released on Monday, the government stated its disagreement with the findings of the Judicial Compensation and Benefits Commission, citing the current financial circumstances as not justifying the recommended raises.

The decision was made by the Department of Justice in response to the 7th Judicial Compensation and Benefits Commission Report issued on July 11. The government highlighted the impact of U.S. tariffs and the necessity to fulfill Canada’s NATO defense spending commitment as reasons for rejecting the salary adjustments.

The commission had suggested increasing judicial salaries by $28,000, excluding statutory indexing, and raising associate judge salaries from 80% to 95% of puisne judge salaries. However, the government argued that existing yearly salary increments using the Industrial Aggregate Index are sufficient and that additional fiscal expenses cannot be supported amidst comprehensive expenditure reviews.

While the commission’s recommendations are not binding, it plays a crucial role in setting salaries for judges on various courts. Established in the late 1990s to ensure judicial independence, the commission makes compensation and benefits recommendations every four years based on factors such as attracting top candidates to the bench and the economic outlook of the country.

The government disputed the commission’s assertion that current judicial salaries pose challenges in attracting qualified candidates, noting a steady increase in salaries exceeding inflation rates. It also mentioned successful recruitment efforts of judges from large law firms as an indication that current salaries are competitive.

Sen. Pierre Dalphond, a former head of the Canadian Superior Court Judges Association, expressed skepticism towards the government’s rationale. He recalled a similar situation in the mid-2000s when the Harper government rejected recommended raises, leading to opposition from judges. Dalphond estimated that implementing the commission’s recommendations would cost $30 million to $40 million annually and highlighted the government’s recent substantial military spending increase.

In conclusion, the government’s decision to reject the proposed salary increases for federal judges reflects a cautious approach amid current economic challenges and fiscal scrutiny.