Judges take province to court

Provincial court judges are fighting a court case of their own this week. They're suing the provincial government over its decision to reject raises for the judges.

In April 2001, the Judicial Remuneration Commission recommended that judges get raises. The commission is an independent body which looks at how judges are paid. It was established after a Supreme Court decision in 1997, and is supposed to keep judges separate from the provincial government.

But the commission's recommendations are not binding, so the province rejected the commission's latest report which included raising judges' salaries.

"We did not agree with many of the recommendations," Brad Green, Minister of Justice, said Tuesday. He called them "excessive" and said taxpayers would not find the recommendations reasonable.

But the Provincial Court Judges' Association of New Brunswick says the province has not given rational reasons for the rejection. It's challenging the decision in court, arguing that judicial independence is at stake.

"It's very important that judges be seen as distinct and what we're trying to avoid is a situation which governments decide payroll decisions about judges in a manner which is too political," said lawyer Rob Tonn.

The hearing is scheduled until the end of this week.

The province did follow recommendations five years ago, giving the judges a $40,000 raise.