Released on June 18, 1997
Justice Minister John Nilson today announced that a settlement has
been reached in the lawsuit launched by the Saskatchewan Provincial
Court Judges Association against the Government of Saskatchewan and
the former Justice Minister Bob Mitchell.
"This settlement confirms the government's commitment to judicial
independence as set out by the principles of the Constitution," Nilson
said. "We will re-establish an independent commission to set the
salaries of Provincial Court judges. At the same time, we are
maintaining the government's Legislative authority to reduce an award
that exceeds the national average or to reduce salaries as part of a
budgetary program that meets the constitutional tests of judicial
independence.
"The settlement also provides the members of the Provincial Court with
a level of compensation that is comparable to their colleagues across
the country, through the implementation of the full Irwin Commission
salary recommendation. As part of this settlement, the Provincial
Court judges made significant concessions in recognition of the
financial circumstances of the province," Nilson said.
Under the terms of the settlement, the annual salary for a
Provincial Court judge will be $112,961.20. The salary increase
is effective April 1, 1997, and is not retroactive, although the
Irwin Commission recommended a phased-in increase that would have
given the judges this amount as of April 1, 1995.
Judge Ronald Bell, President of the Provincial Court Judges
Association, said that the resolution of the court action meets
the constitutional concerns of the judges.
"We are pleased that this matter has been resolved in a way that
meets the constitutional requirements of Canada, recognizes the
Irwin Commission and honours the commission process," Bell said.
"The commission process is an important vehicle in meeting the
requirements of an independent and impartial tribunal as set out
in section 11(d) of the Charter of Rights and Freedoms. This has
always been the primary concern of the judges of the Provincial
Court of Saskatchewan," Bell said.
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For more information, contact:
Lisa Ann Wood
Justice
Regina
Phone: (306)787-7872
Judge Gerald Seniuk
Provincial Court
Saskatoon
Phone: (306)933-6682
Settlement Terms: Commission Process Regarding Provincial Court Judges' Salaries
A Commission will consider judges salaries every three years, commencing April 1,
2000;
If the Commission sets a salary for judges at or below the national average for Provincial
Court judges, the Commission's salary recommendations will be binding;
If the salary is above the national average for Provincial Court judges, the Legislature can
roll back the salary of judges to the national average, but not below;
The Legislature would retain the power to reduce judges' salaries in accordance with any
overall budgetary program that meets constitutional tests of judicial independence;
Judicial independence
A provision will be added to The Provincial Court Act acknowledging the judicial
independence of Provincial Court judges;
The Act which repealed the previous legislation will be replaced by legislation that
implements the terms of this settlement, including the authority and jurisdiction of the
Commission and legislature regarding judges' salaries.
Salaries
Effective April 1, 1997, the annual salary for Provincial Court judges will be
$112,961.20;
There will be no further increases in salary prior to April 1, 2000;
There will be no retroactive pay;
Effective July 1, 1997, Provincial Court judges will be eligible for benefits under the
extended health care plan;
Pension payments for judges who have retired or resigned since April 1, 1993, or may
retire prior to 2000, will be calculated as if their annual salary had been increased in
accordance with the previous Commission, but with no retroactivity.
Pensions
The recommendations of the 1993 Irwin Commission with respect to Canada Pension
Plan payments will be implemented, effective April 1, 1997 so that judges will begin to
pay the full value of CPP premiums. In return, the annual salary of judges will be
increased by $601.20;
A judge will be entitled to receive a full pension of 70% of 3 years of highest salary when
the total of the judge's age and years of service equal 80 and the judge has served at least
18 years and has attained the age of 58.
Professional Allowance
Effective April 1, 1997, the annual professional allowance for Provincial Court judges
will increase from $1,250 per year to $3,000 per year.
Legal Fees
The Government of Saskatchewan will pay $150,000 to the Provincial Court Judges'
Association to assist in defraying their legal fees.
Litigation
This agreement is accepted by all plaintiffs as full and final settlement of the Court action
brought against the Government and Bob Mitchell.
