Summary
30006
Provincial Court Judges' Association of New Brunswick, et al. v. Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice
(New Brunswick) (Civil) (By Leave)
Keywords
None.
Summary
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Pursuant to this Court's decision in Reference re Remuneration of Judges of the Provincial Court of Prince Edward Island, [1997] 3 S.C.R. 3 ("P.E.I. Reference"), the Province of New Brunswick amended the Provincial Court Act, R.S.N.B. 1973, c.P-21 thereby establishing the Judicial Remuneration Commission. On a triennial basis, it is required to conduct an inquiry as to the adequacy of Provincial Court judges' remuneration and benefits. The first three member Commission (the "1998 Commission") was set up shortly after the amendments to the legislation. The second Commission began its mandate in January 2001 (the "2001 Commission") and submitted its report on April 11, 2001. The report of the 2001 Commission is the subject of this appeal.
Pursuant to the Provincial Court Act, the government may accept or reject the recommendations of a commission. On November 21, 2001, the Minister tabled the 2001 Commission's report as well as the Government's response. Most of the Commission's recommendations, including those dealing with salary increases, were rejected by the Government.
The Appellants applied to the Court of Queen's Bench asking for an order requiring the Government of the Province to fully implement the recommendations of the Commission regarding salary and benefits. It claimed that the Government failed to give rational reasons for rejecting the principal recommendations of the 2001 Commission. Boisvert J. dismissed the application as it related to salary; however, granted the application regarding pension, vacation and health care, and ordered that the issue of life insurance be returned to the 2001 Commission for further submissions by the parties. Boisvert J. ordered party and party costs in favour of the Appellants. The Appellants appealed the decision of Boisvert J. on the issue of the salary recommendations of the 2001 Commission. The Court of Appeal dismissed the appeal and declined to make an order for costs.
Lower Court Rulings
Court of Queen’s Bench of New Brunswick
B/M/03/02
Court of Appeal of New Brunswick
90/02/CA
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