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

As Newfoundland and Labrador's governingLiberals fend off angry protests over a tax-hiking budget, anotherpricey item looms on their radar: a $32,000 pay hike for provincialjudges.

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An independent tribunal has recommended increases totaling 14per cent from 2013-14 to 2016-17, including accumulated retroactivepay of almost $1 million, a Justice spokesman confirms.

If approved, 23 full-time provincial court judges now earning$215,732 would make $247,546 this year, said Luke Joyce in anemailed statement.

Opposition Leader Paul Davis said the pay hike won't fly.

"It wouldn't go over at all," the former ProgressiveConservative premier said in an interview.

"To see someone who hasa salary today of over $200,000 looking at a potential raise thatwould increase their salary by an amount greater than what manyNewfoundlanders and Labradorians earn, I think people would beirate."

Cash crunch

The average salary for a provincial court judge in AtlanticCanada was about $242,000 in 2015, Joyce said. The highest paidprovincial court judges in Canada include Alberta, at almost$294,000, and Ontario, at $284,276, according to last year'sSunshine List.

A judicial pay hike would come as Newfoundland and Labrador iscaught in a daunting cash crunch.

It wouldn't go over at all- PC Leader Paul Davis

Despite sweeping tax and fee increases and a "deficit reductionlevy" of up to $900 for top earners, the province is stillforecasting a deficit of $1.8 billion this fiscal year. Offshore oilearnings that once provided about 30 per cent of government revenueshave plunged to around seven per cent since Brent crude pricescrashed.

It's a jarring economic about-face. The province is now bearingthe brunt of tax cuts and spending increases approved in fleetingboom times over the last decade.

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Incensed taxpayers have marched in protests across the provinceas the government braces for contract talks with public sectorunions later this year. On top of about 650 job cuts outlined in thebudget last month, Finance Minister Cathy Bennett has signaled morepain is coming to create a "sustainable" government workforce.

No decision

Justice Minister Andrew Parsons declined through the ministryspokesman to comment on judges' salaries.

"At this point, government has not made a final decision onwhether to accept, alter or reject the recommendations from thetribunal," Joyce said in an emailed statement.

By law, the government must table a resolution by June 1 on thenon-binding proposals, he said.

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Independent compensation panels are meant to safeguard judicialindependence and reliability in good fiscal times and bad, saidTrevor Farrow, a law professor and associate dean of Osgoode HallLaw School in Toronto.

He spoke about general legal principles, not specifically ofNewfoundland and Labrador's tribunal report.

Compensation recommendations can't be "out of whack" witheconomic realities, Farrow stressed.

"But I think the conversation needs to be framed less about:Should judges be entitled to a particular salary? And more in theframe of: What are we as citizens wanting them to have in order toensure that, hard times or easy times, we have a rock solid,independent judiciary?

"Any province or jurisdiction that is thinking about questioningor rejecting that independent panel does need to do so verycarefully."

Independent process

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.

Cases where provinces blocked related recommendations haverepeatedly wound up in court.

In Newfoundland and Labrador, recommendations from the lasttribunal were fully accepted by government in May 2011. Judgesreceived retroactive pay increases the following July.

The report of the most recent three-member tribunal chaired bySt. John's lawyer Bradford Wicks says it hopes the province willaccept its proposals and avoid delays in appointing future members.

"There must not be political interference or private interest,or the appearance of same, which would place the independence of thejudiciary into question," it says. "This is guaranteed in largepart by ensuring the financial security of the judiciary."