A legal association representing federally appointed judges is initiating legal action against the government for refusing a proposed salary increase. The independent body recommended a raise of $28,000 to $36,000 per year for federally appointed judges to attract top private-sector lawyers to seek judicial positions. However, the government declined the recommendation last month, citing a significant decline in Canada’s financial outlook.
Although the Judicial Compensation and Benefits Commission’s recommendations are not binding, it plays a crucial role in setting the salaries of judges on superior courts, the Federal Court, and the Supreme Court of Canada. In response to the government’s decision, the Canadian Superior Courts Judges Association (CSCJA) has filed for a judicial review, alleging that Ottawa did not adequately engage with the commission’s recommendation.
The CSCJA, representing approximately 1,400 judges nationwide, emphasized that while the government is not obligated to accept commission recommendations, it must provide valid reasons supported by facts and sound reasoning if it chooses to deviate from them. The association’s lawyer, Jean-Michel Boudreau, criticized the government for not addressing the commission’s analysis and failing to acknowledge the widening gap between judicial salaries and private sector earnings.
Contrary to the commission’s findings that annual salary increases are insufficient, the government argued that judges already receive yearly raises based on the Industrial Aggregate Index. It stated that judicial salaries are adequate and cannot lead to new fiscal expenditures during a comprehensive review of spending, potentially resulting in public sector job losses.
The government rejected the commission’s assertion that judicial salaries pose challenges in attracting qualified private sector candidates to the bench, pointing out that other factors, such as the 2021 federal election, also contributed to increased vacancies. The Justice Department confirmed receiving the court application from CSCJA and indicated that it would review the case without further comment at this time.
Law professor Patrick Taillon from Université Laval in Quebec City remarked that the case will test the justice system, noting that the judges presiding over the matter are directly impacted by the salary dispute. The government’s decision to reject the raise recommendation coincided with the release of the federal budget, projecting a $78 billion deficit for the 2025-26 fiscal year due to U.S. tariffs and Canada’s NATO defense spending commitments.
