Federally appointed judges complain that their $415,000 salary is no longer competitive and are asking for a $60,000 raise, arguing that more money would attract top legal professionals.
The federal government is pushing against that claim, calling the demand for a raise “unprecedented” and “insensitive,” citing the economic pressures facing Canadians.
The dispute is playing out before the Judicial Compensation and Benefits Commission, which reviews salaries for federally appointed judges every four years.
Judges’ associations are asking for the raise to be applied retroactively to April 2024, citing a growing gap between judicial pay and earnings in private legal practice.
“Despite best efforts, I have often found myself unable to persuade qualified potential candidates to apply for judicial appointments,” wrote Ontario Superior Court Chief Justice Geoffrey Morawetz in an affidavit.
“A routinely cited reason… is the combination of the heavy workload of superior court judges and the perceived lack of commensurate pay.”
In a joint submission, the Canadian Judicial Council and the Canadian Superior Courts Judges Association said judicial vacancies are taking longer to fill and that the percentage of judges coming from private practice has declined 10 per cent since 1990.
They cited a “persistent, dramatic” pay gap of up to $300,000 when comparing total judicial compensation to lawyers in the 75th income percentile.
But government lawyers argue the judiciary remains well compensated and financially secure, with base salaries indexed annually and supported by one of the best pension plans in the country.
Judges currently receive automatic annual increases based on the Industrial Aggregate Index, averaging 2.73 per cent over the last two decades, including a 6.6 per cent increase in 2022.
A government study pegged the total 2024 compensation for a judge at $571,645, factoring in pensions and benefits.
“Not only does this increase have no legal basis, but it is insensitive to the current economic challenges of Canadians,” government lawyers wrote in their submissions.
“Matching the judicial salary to the salary of the highest earners in private practice is neither necessary nor appropriate.”
Canada’s Chief Justice Richard Wagner previously warned that conditions are “deteriorating” for judges and that the job has become “very difficult,” though government lawyers dispute that claim, pointing to continued interest from public and private sector applicants.
Last month, Chief Justice Wagner described the U.S. as a dictatorship.
The commission, chaired by lawyer and businesswoman Anne Giardini, is also considering a separate request from associate judges to raise their salaries from 80 to 95 per cent of a full judge’s salary.
That recommendation is also opposed by the federal government.
Once the commission issues its report, the Minister of Justice will have four months to decide on the matter.