The Commission recommends that the salary of puisne judges be established
as follows. Effective April 1, 2004, $240,000, inclusive of statutory
indexing on that date, and for the next three years: $240,000 plus
cumulative statutory indexing effective April 1 of each of those
years.
Recommendation 2:
The Commission recommends that the salaries of the justices of the Supreme Court
of Canada and the chief justices and associate chief justices should be set as
of April 1, 2004, and inclusive of statutory indexing, at the following levels:
Supreme Court of Canada:
Chief Justice of Canada
$308,400
Justices
$285,600
Federal Court and Tax Court
of Canada:
Chief Justices
$263,000
Associate Chief Justices
$263,000
Appeal Courts, Superior and
Supreme Courts
and Courts of Queen's Bench:
Chief Justices
$263,000
Associate Chief Justices
$263,000
Recommendation 3:
The Commission recommends that the senior northern judges receive equivalent
compensation to that of a chief justice until such time as chief justices are
appointed in those jurisdictions.
Recommendation 4:
The Commission does not recommend a salary differentiation between puisne judges
who sit on courts of appeal and puisne judges who preside at trials.
Recommendation 5:
The Commission recommends that the Judges Act be amended to provide
for:
the possibility of dividing, upon conjugal breakdown, the judicial annuity
deemed to accrue during a relationship, up to a 50% limit;
the judicial annuity to be deemed to accrue over the judge's entire period of
judicial service, for the purpose of determining the portion of the judicial
annuity that is subject to division upon conjugal breakdown;
a lump sum settlement option, to ensure a clean break and the possibility of
deferring such settlement until the date when the judge will have attained age
55 and completed 10 years of service, if applicable; and
the demographic assumptions used for the most recent Actuarial Report on the
Pension Plan for the Federally Appointed Judges to be used for
purposes of determining the value of the judicial annuity and the expected
retirement date of a judge in calculating the portion of the judicial annuity
subject to division.
The Commission also recommends that the government amend the Judges Act and the Income Tax Act, as necessary, to allow the transfer of a
portion of the former spouses' lump sum settlements to RRSPs as if the judicial
annuity were a registered pension plan, at least for the portion of the
judicial annuity up to the defined benefit pension limits applicable to
registered pension plans under the Income Tax Act.
Recommendation 6:
The Commission recommends that there be no change in the provision
for survivor benefits for single judges until the matter is addressed
by the government in the wider federal context.
Recommendation
7:
The Commission declines to recommend any change to the
judicial annuities payable to the judges who retired during the 1992
97 time period.
Recommendation 8:
The Commission recommends that the Incidental
Allowance of $5,000 per annum for each judge remain unchanged.
Recommendation 9:
The Commission recommends that effective April 1, 2004, s. 27(6) of the Judges
Act be amended such that regional senior judges in Ontario be added to
the judges entitled to a representational allowance under that section, and
that the representational allowance for such regional senior judges be set, in
s. 27(7), at an accountable maximum yearly amount of $5,000.
Recommendation 10:
The Commission recommends that the Judges Act be amended to provide for
the payment of an isolated post allowance to the resident Labrador judge in the
amount of $12,000 per annum, in conformity with the isolation allowances
provided to the judges of the Northern Territories.
Recommendation 11:
The Commission recommends that the requested extension not be granted and that
the Office of the Commissioner of Federal Judicial Affairs be mandated to deal
with any circumstances that in the Commissioner's view can reasonably be deemed
'unusual'.
Recommendation 12:
The Commission recommends that, notwithstanding paragraphs 40(1)(c) and (e),
claims under these paragraphs for expenses made in anticipation of a
relocation, but prior to retirement or resignation from office, shall be
reimbursable by a removable allowance, provided that:
the anticipated expenses are incurred no earlier than two years
prior to the judge becoming eligible to retire, and
that all relocation expenses connected with that relocation
be paid within the timeframes currently provided in the Removal Allowance
Order and that no later expenses should be reimbursed.
Recommendation 13:
The Commission recommends that the partners of judges of the Supreme Court of
Canada, the Federal Court, the Federal Court of Appeal and the Tax Court of
Canada be reimbursed for incurred expenses in the obligatory relocation, up to
an accountable $5,000 limit.
Recommendation 14:
The Commission recommends that there be no change to the entitlement to the post
retirement removal allowance.
Recommendation 15:
The Commission recommends that justices of the Supreme Court of Canada be
granted the exceptional privilege of eligibility for retirement on the full
judicial annuity after 10 years of service on that bench regardless of age.
Recommendation 16:
The Commission recommends that the Government pay 100% of the disbursements and
two thirds of the legal fees (subject to assessment) incurred by the
Association and Council in preparing their submissions and bringing them before
the Commission.