Judges denied pay hike in resolution before House of Assembly

A $32,000 pay hike for provincial court judges is too rich, says a resolution to be voted on in the Newfoundlandand Labrador legislature.

• N.L. mulls $32,000 pay hike for judges amid fiscal crunch

Justice Minister Andrew Parsons gave notice Tuesday of theresolution rejecting the 14 per cent salary increase recommended byan independent tribunal.

"While the province appreciates and recognizes the vital andunique role provincial court judges play in the operation of thejustice system, its ability to remunerate judges is not withoutlimit," it says.

"Compensation must not only be fair and reasonable, but it mustalso conform with the economic realities of this province. There aresubstantial financial obstacles to overcome."

Debate is expected Thursday before a vote which should easilypass. The governing Liberals hold majority power and OppositionLeader Paul Davis, the former Progressive Conservative premier, hassaid such a raise would make the electorate "irate."

The resolution rejects the increase for 23 full-time provincialcourt judges and says they will continue to earn just under $216,000through this fiscal year.

A three-person tribunal chaired by St. John's lawyer BradfordWicks had recommended raises totalling 14 per cent from 2013-14 to2016-17, including accumulated retroactive pay of almost $1 million.

Hard sell during times of restraint

The resolution says the province's finances are much worse sincethe previous Tory government appointed and reported to the tribunal.

Lower prices have eroded offshore oil revenues as the provinceforecasts a $1.8-billion deficit this year despite tax and feehikes.

"In the existing climate many difficult decisions have beennecessary," says the resolution. "The effects are universal; everyNewfoundlander and Labradorian has been impacted.

"In such a climate, to accept the recommendation to increase thesalary of provincial court judges would be so contrary to the fiscalrestraint measures to which the general population is subject thatit could bring the courts, the judiciary and possibly theadministration of justice in the province into disrepute."

It remains to be seen whether rejection of that particularrecommendation would lead to litigation.

The Supreme Court of Canada in 1997 ruled that the 1867Constitution Act calls for a separate process to assess judicialpay. Provincial compensation commissions or tribunals usuallyinclude one provincial and one judicial nominee and a chairpersonselected to represent both viewpoints.

In the past, cases where provinces blocked resultingrecommendations have repeatedly landed in court.

In Newfoundland and Labrador, the last tribunal's report wasfully accepted by government in May 2011. Judges got retroactivesalary hikes the following July.

The most recent tribunal recommendations, if approved, would havebrought judges' salaries in the province to $247,546 this year. Thatcompares to an average salary last year of about $242,000 forprovincial court judges in Atlantic Canada, and almost $294,000 forthose at the high end of the spectrum in Alberta.