Nova Scotia shouldn't push to control salaries for judges, critics say

The Nova Scotia chapter of the Canadian Bar Association says proposed changes to the way salaries and benefits for judges are set threatens judicial independence.

The changes were introduced earlier this week and give the provincial cabinet the final say on salaries and other compensation for the 35 judges who serve on the provincial and family courts.

Under the current system, an independent tribunal sets binding recommendations for a judge'ssalaryand benefits after taking submissions and conducting hearings.

"As far as I'm aware, there was no public discussion at all from the government that this was coming," said Dennis James, the vice president of the Bar Association's Nova Scotia Chapter.

"It's not a collective bargaining process and we think that's where the comparison that the government has made in its public statements so far is not proper."

'A self-safety valve'

The tribunal would still do its work under the proposed changes, but the provincial cabinet would have the final say.

"We have it in there as a self-safety valve to ensure that, if at a point in time a binding recommendation or recommendation was to come through that wasn`t fiscally sustainable for the province, that we would have the option to address that," said Finance Minister Randy Delorey.

The opposition, however, is sceptical.

History 'without contention'

"We need to ask ourselves, who do we wish to have setting the salaries of judges," said NDP Leader Gary Burrill.

"Do we wish to have this done by an independent tribunal considering the matter at arms length, or do we wish to have this done by the Liberal cabinet?"

Dennis James saidthe change does not appear to recognize the principle of judicial independence that was laid out in rulings by the Supreme Court of Canada.

"So this has been working well without contention in Nova Scotia for a long time and there's incredible value to that," James said Thursday."And there's no indication that there's a runaway on compensation for judges in this province."

Accountability

James said Nova Scotia judges are among the lowest paid in the country.

"This is about the province's ability to pay and who should determine that," Premier Stephen McNeil said following the weekly cabinet meeting.

"It's my belief it should be an elected official who is accountable to the people of Nova Scotia."

James said when the change comes before the legislature's Law Amendments Committee, the Bar Association will be there to voice its concerns.