Provincial court judges poised for $36K-$43K pay hike

The New Brunswick government has recommended a pay hike of more than $36,000 for provincial court judges, starting on April 1.

Provincial court judges in New Brunswick currently earn $204,000 annually, making them the lowest paid provincial court judges in Canada.

Their salaries have been frozen since 2009-10.

By comparison, Ontario judges earn nearly $280,000, while P.E.I. judges get almost $244,000 and those in Nova Scotia, more than $231,000.

On Wednesday, New Brunswick Justice Minister Stephen Horsmanrecommended in a written submission to the Judges Remuneration Commission that provincial judges should be paid 80 per cent of what Court of Queen's Bench judges make.

Federal judges currently receive $300,800 a year, so 80 per cent of that would be $240,640.

Federal judges' salaries are up for review in April, however,and the Canadian Association of Provincial Court Judges (CAPCJ) anticipates a 2.8 per cent increase, whichwould bring their pay up to $309,222.Eighty per cent of that would be $247,378.

So New Brunswick's 33 provincial court judges could see a pay increase of between $36,640 and $43,378.

'Adequate versus appropriate'

The Judges Remuneration Commission held an inquiry into provincial court judges' salaries, pensions and benefits in Fredericton on Wednesday, hearing submissions from the provincial government, the New Brunswick Law Society and the CAPCJ.

New Brunswick's Chief provincial court Judge Pierre Arseneault said the gap between provincial and federal judges is the largest it has ever been.

Clarence Bennett, the lawyer representingprovincial court judges at the inquiry, reluctantly agreed to the government's recommended increase, which he described as "adequate versus appropriate."

He did not say what the judges would consider "appropriate," but said the reason they're "rolling over and playing dead" is to avoid it becoming a long, drawn-out and costly process.

In the past, the government did not implement the commission's recommendation and matters have ended up in court, Bennett said.

The Canadian Association of Provincial Court Judgessays remuneration of judges will affect the quality and number of applicants.

The association also noted thatjudges cannot legally withhold services;there is no work to rule.

The commission will submit a report to the justice minister on the compensation of provincial court judges,likely in about five months.

Its report isnot binding, so the government doesn't have to accept it, but since the government recommended the increase, it will likely be implemented, retroactive to April 1.