A judicial association is suing the government for refusing a proposed pay increase for federally appointed judges. The independent body had suggested raising judges’ salaries by $28,000 to $36,000 annually above their current raises to attract top lawyers to seek judicial appointments. The government dismissed the recommendation last month, citing a decline in the country’s financial outlook.
While the Judicial Compensation and Benefits Commission’s recommendations are non-binding, they play a crucial role in setting salaries for judges on superior courts and the Supreme Court of Canada. The Canadian Superior Courts Judges Association (CSCJA) has filed for a judicial review, claiming that the government did not adequately consider the commission’s recommendation.
According to CSCJA’s lawyer, Jean-Michel Boudreau, the government’s response lacked legitimate reasons and failed to address the widening pay gap between judges and private sector earnings. The government defended its decision by stating that judges already receive annual salary increases based on the Industrial Aggregate Index and that raising salaries further would not be feasible given the current fiscal situation.
The commission argued that the proposed salary increases were necessary, suggesting a base salary rise for federal judges from $396,700 to $424,700 and for chief justices from $435,000 to $465,700. The government disagreed with the commission’s assertion that judicial salaries hinder the recruitment of qualified private sector candidates to the bench.
Furthermore, the government pointed out that the commission did not consider factors like the 2021 federal election and noted that judicial vacancies had decreased below historical averages by early 2025. The Justice Department confirmed receiving the court application from CSCJA and stated they would review the case without providing further comments.
Law professor Patrick Taillon expressed that the case would be a test of justice, highlighting the personal stake judges have in the matter due to its impact on their remuneration. The government’s decision was issued just before the federal budget was presented, projecting a $78 billion deficit for the 2025-26 fiscal year. The rejection of the salary increase recommendation was attributed to U.S. tariffs and the necessity to fulfill Canada’s NATO defense spending obligations.