Court of Appeal rules judges deserved raise

The New Brunswick Court of Appeal is ordering the provincial government to implement a 2004 report that would have boosted the salaries of lower court judges from their rank as the lowest paid of their profession in the country.

In its 2004 report, the Judicial Remuneration Commission recommended that the province set salaries for provincial court judges at $186,000 a year by 2007.

'It didn't say have another look at this and let us know what you think. It has actually said you must implement those recommendations.' Gordon Petrie, lawyer

The province refused to implement that recommendation, provoking the five-year legal battle between the government and the judges.

After losing at the Court of Queen's Bench level, the lower court judgeswon a victory in theCourt of Appealdecision on Sept. 9. That decision ordered the province toaccept the commission's2004 recommendations.

Gordon Petrie, the lawyer who represented the lower court judges, said the ruling leaves little room to move for the provincial government.

"It didn't say have another look at this and let us know what you think. It has actually said you must implement those recommendations," he said.

The Judicial Remuneration Commission was set up so the provincial government and the courts could settle salary concerns but still remain at arm's length of each other.

A spokesman for the provincial government said the Department of Justice is reviewing the court decision.

Pay raise

The salary scale that was recommended in 2004 wouldhavemadeNew Brunswick provincial court judges the seventh best paid in the country by 2007.

According to a chart provided in the court ruling, by moving New Brunswick judges to $186,000, it would put them ahead of judges in Nova Scotia, Manitoba and Newfoundland and Labrador.

Petrie said he is hoping the Department of Justice will act right away to implement the ruling.

"If they ignore [the ruling], they do so at their own peril because it is an order of the court. They would be in contempt of court in my opinion if they ignored it," he said.

"They may seek leave to appeal to the Supreme Court. I'd be quite surprised if leave was granted."