Mr. Speaker, I am pleased to have an opportunity to make some remarks with respect to Bill C-12, the Judges Act, which deals specifically with the compensation and remuneration of judges.
We have had an opportunity to review some of the technical amendments. These amendments correct some of the language in the bill to ensure that there is parity, that the French and English versions correspond exactly.
Some of the minor amendments are very technical in nature, for example: clause 12, line 9, removes the language “plus $2,000”; clause 23, section 44.01(6), line 9, amends the English version with “takes effect on the day this section comes into force”.
The Conservative Party supports these amendments and any attempt to ensure consistency in legislation. These amendments would affect approximately 1,000 federally appointed judges. When it comes to the issue of whether it is deserved, I would make the case that judges deserve a fair compensation package given the stress that is involved, the important work, and the ongoing and increasing complexity of the law.
It is also necessary to note the importance of independence when it comes to our judiciary. Some individuals have talked about comparing judges' salaries to those of others in the public sector. There is some danger in doing that. Judges play a very unique role, as do other public servants. However, to try to somehow bring into play the underpayment of armed forces personnel, the need to give greater compensation to the policing community, those in the administrative justice community, leaves the wrong impression and tries to diminish the importance of what judges do. It is a very complex melee that is somewhat like the pay equity argument we have embarked on at various times in the Chamber.
The complexity of the law, the way in which the law has evolved and the interpretation that goes on daily in the courtrooms across the country, is something that is very onerous for judges. We had a comprehensive bill yesterday on organized crime. It is a step in the right direction, but it is legislation that would probably lead to a number of court challenges. That emphasizes the impact of changes in legislation. It also emphasizes the necessity for judges to deal with it and to put in place a proper judicial interpretation of the legislative initiatives that are taken here.
Fortunately, in Canada we have not seen any active attempts, at least that have been reported, to influence the judiciary by organized crime, but we must be vigilant. We must maintain the scales of justice and ensure that justice continues to be blind to outside influences on decisions made by the judiciary. We must ensure that it never happens. Part of this, I would suggest, comes from a fair compensation package.
We must ensure that our judiciary is independent, at arm's length and is feeling secure in their occupation. Thus, our party would support an attempt for a fair salary to preserve judicial independence. The Conservative Party has a long standing interest in the administration of justice and in ensuring that the judiciary are given support. Much of that support must come from financial stability.
The government accepted the recommendations that came from an independent Judicial Compensation and Benefits Commission. The board made recommendations after broad consultations and examinations of all economic factors that should have been considered.
First reading of the bill occurred on February 21, 2001, and the Judges Act would implement the recommendations made by the 1999 Judicial Compensation and Benefits Commission. The legislation does not come out of thin blue air. It came about from recommendations of an independent commission. It also followed a 1997 supreme court decision that established new constitutional requirements for determining compensation, requiring every Canadian jurisdiction to have an independent, objective and effective commission. It takes away the normal allegations that we often see pertaining to interference and an unfair process.
The bill would also increase salaries and allowances, improve the judicial annuities scheme and put in place a separate life insurance plan for federally appointed judges. It would make consequential amendments to the Judges Act and Supplementary Retirement Benefits Act.
In recent years, because of the increasing complexity of the law, although there is no shortage of applicants, many judges weigh heavily the decision to leave private practice and enter into a new form of service to the law. That decision, I am sure, is one that many members can appreciate for many members of parliament have left behind other careers to come and serve their country in this Chamber. It is very much analogous to the decision that judges take when leaving their profession to serve a higher calling, to serve the courts and their country in the form of interpretation and administration of the law.
In recent years there has been growing concern for some decisions made by judges. However, I would suggest that this is not reason enough to deny that judges play a crucial role. Organized crime is on the rise in Canada. It was addressed somewhat yesterday with the introduction of a package of changes to our laws. New legislation, such as this one, goes some distance to addressing this very serious matter, but it is crucial that judges would now be required to interpret this law.
Like many other institutions, we have seen judges in recent years come under attack for their salaries and the compensation they receive when compared to the low end of compensation. It sometimes seems somewhat askew, but I would encourage people to keep in perspective the salaries that are received at the high end, that is, the salaries that are sometimes paid to athletes and movie stars, and the role they play and the return they offer to society. It is important to look at the entire scheme when one considers the pay scale.
The judicial compensation and benefits commission has been appointed to a four year mandate. It is required to consider all these factors in arriving at its recommendations. When one considers the private sector scale in the area of the law, many judges take a pay cut upon assuming a role on the bench. There are many lawyers who are making modest salaries, for example those who continue to strive to administer the law in crown attorney offices.
Legal aid is often not mentioned in these deliberations. There are many legal aid lawyers who later go on to make significant contributions in courtrooms in their current occupations. They also go on to serve the country nobly as members of the bench, as judges.
Arguably it is the best training ground. I have often compared it to a MASH unit when it comes to triage and the medical profession. Legal aid lawyers and crown attorneys who are working in provincial and supreme courts across the country go on to become fantastic judges. I have borne witness to that myself. I had the opportunity to work with some individuals who later were elevated to the bench.
Referring back to the commission, its recommendations were based on research comparing judges' salaries to lawyers' salaries in the private sector and to performance bonuses of senior federal deputy ministers. It looked at the importance of salary and benefits in attracting the best of the best, the outstanding candidates that we require to administer the law.
The Judges Act would officially establish the judicial compensation and benefits commission, requiring the commission to convene every four years and report its recommendations within nine months. There is a very strict mandate and timeframe within which it must review the adequacy of judicial compensation. The commission would also consider the economic conditions at the time, the cost of living, overall economic position of federal judges, the financial security of the judiciary to ensure judicial independence, and the need to attract the best of the best.
Recommendations are not binding but the supreme court in its decisions requires the government to publicly justify any decision and acceptance of recommendations. These salary changes have already been put on the record. They range in the area of $200,000 for the Chief Justice of Canada, the puisne judges, and various federal court judges across the country.
The increasing complex legal malaise that faces judges and lawyers is something that we must consider when weighing the question of compensation. There has been quite a lengthy commentary about the need to compensate members of the RCMP, members of our armed forces and other public servants.
It is not to deny in any way that those salaries must be reviewed and elevated as well. It is not to suggest that if we compensate judges fairly we should not be focusing attention on these areas as well, or to deny that there are other very important pieces of legislation in the legal field that we should be examining.
Other members have mentioned the need to bring forward a youth criminal justice act and the important fact that after seven years it has not happened. There is also a need to examine a plethora of other legislative initiatives. We have seen the government's failings and shortcomings when it comes to addressing issues of the day.
Our party supports the concept that we must move on a number of areas in the near future. It is not to suggest that the bill should be given any great priority. It is the government's decision to set the priorities in terms of the legislative timetable. It is in everyone's interest to move the legislation before us forward and to get on to other important issues of the day. When that happens it would allow some of these other fields to be considered. When the legislation receives passage we can then look at other areas in terms of compensation.