Mr. Speaker, section 100 of the Constitution Act, 1867 requires that the salaries and allowances of federally appointed judiciary be established by Parliament.
The Supreme Court of Canada has established a constitutional requirement for an independent, objective and effective commission. The commission's purpose is to depoliticize the process of judicial remuneration. The statutory mandate of the Judicial Compensation and Benefits Commission must consider: one, the prevailing economic conditions in Canada, including the cost of living and the overall economic and financial position of the federal government; two, the role of the financial security of the judiciary in ensuring judicial independence; three, the need to attract outstanding candidates to the judiciary; and four, any other objective criteria that the commission considers relevant.
Earlier this week the current government responded to the commission's latest report in a different manner than the former government had in some areas, notably by introducing the commission's recommendation on the salary increment over the four year period.
It should be noted that the government's response is reviewable in a court of law and must meet the legal standard of simple rationality.
Now the government will present a bill, we are told, knowing that it can ask Parliament for approval. It also knows that Parliament has no ability without a royal recommendation from the government to increase the financial aspects in this bill.
We know the commission has already gone through a challenging process. Also included in that process were two days of public input. We thank the commission for its hard work.
The government is telling us in its reasoning that it is taking into account the overall financial and economic position of the federal government. I would remind the minister that our former government left his government with a $12 billion surplus and the best economic situation in all G-8 countries.
The respect in which Canada's judiciary is held is a key factor in the strength and stability of our nation of Canada. Our tradition of judicial independence is not only an important element in this country's democratic framework, it also provides a model from which others can take hope and from which they can learn.
The government must understand that constant attacks on the independence of the judiciary, however they may come, whether they are from the member for Saskatoon—Wanuskewin or any other government member, do not make for acceptable public policy.
An independent judiciary is a fundamental part of Canadian democracy. This independence must be respected.