Mr. Speaker, I rise today to introduce debate on referral of Bill C-17, an act to amend the Judges Act and certain other acts in relation to courts, to the Standing Committee on Justice and Human Rights before second reading.
The bill was tabled by our government on May 31. It would fully implement all but two of the recommendations contained in the May 2004 report of the Judicial Compensation and Benefits Commission. The remaining two recommendations would be implemented in modified form.
There are a number of constitutional principles which guide governments in establishing judicial compensation, both from Supreme Court case law and the Constitution itself. Section 100 of the Constitution specifically provides that it is the role of Parliament to set judicial salaries and benefits, a responsibility accomplished through amendments to the Judges Act.
As well, the Supreme Court of Canada has held that independent, objective and effective commissions must be established to examine and make recommendations on judicial compensation. These commissions support the constitutional imperative of judicial independence by replacing the need for face to face negotiations between judges and governments.
All members should be aware that the integrity of this constitutionally mandated commission process depends on governments and legislators to act with due diligence and reasonable dispatch in relation to the recommendations of the commission.
At the federal level, the Judicial Compensation and Benefits Commission is part of the constitutionally mandated process for the establishment of judicial compensation and benefits. The most recent commission reported in May 2004 following a nine month inquiry in which the commission considered extensive written submissions, expert reports from compensation professionals and verbal representations delivered over the course of two days of public hearings.
If the constitutional purpose of the commission's process is to be realized, then both governments and legislators must take the process seriously. In particular, it is incumbent upon those responsible for responding to and implementing commission recommendations to proceed as expeditiously as reasonably possible.
The issue of judicial compensation is an outstanding matter that our government inherited from the previous administration. Some members will recall that the previous government responded to the 2003 commission report on November 30, 2004. However, Bill C-51, which would have implemented all but one of the commission recommendations, was not introduced until six months later on May 20, 2005, and then the previous government did nothing to move that bill forward. Bill C-51 sat in the House from its date of introduction to the date the bill died on the order paper on November 29, 2005, when the federal election was called.
The actions of this government, on the other hand, demonstrate firm commitment to the integrity of the judicial compensation process. Within a period of approximately four months after assuming office, this government reviewed the commission report, issued a public response to the recommendations and tabled legislation.
Moreover, this government has moved expeditiously in light of a highly charged legislative agenda, including ensuring the timely appointment of Mr. Justice Marshall Rothstein to the Supreme Court of Canada within three weeks of our assuming office.
More than two years have passed since the commission report was delivered. Now is the time to act when the integrity of the process and public confidence in the independence of our judiciary could be undermined.
This government has taken all the steps within its control to support and advance the constitutional process for the establishment of judicial compensation. Now it is Parliament's turn. The introduction of Bill C-17 is that step.
Today the government calls upon all members to initiate the final step by voting to immediately refer this bill to committee prior to second reading. As I said earlier, Parliament has a critical role to play in the establishment of judicial salaries and benefits. The Constitution requires Parliament to fix the salary, pension and other benefits of the federally appointed judiciary.
I am sure I do not need to remind the hon. members of this House that consideration by committee is a key element in the parliamentary process.
Members of the committee play a critical role in informing and guiding all parliamentarians in fulfilling their constitutional responsibility under the Constitution. They do so by conducting a principled in-depth review of the bill and the considerations which inform it.
The committee's work will be aided in a number of ways. First, the committee will have the benefit of the commission's comprehensive and detailed report which sets out each of its 16 recommendations.
Second, the committee can call witnesses, including the commissioners themselves, all highly respected professionals in their respective fields. These witnesses will be able to elaborate on any of the evidence, methodologies and other considerations that informed their recommendations.
Third, the committee will have available to it the detailed analysis provided in the government's public response which was released on May 29.
The Supreme Court of Canada has clearly acknowledged, indeed underscored, that decisions about the allocation of public resources ultimately belong to legislatures and governments. The court has clarified in the 2005 decision known as Bodner that governments can reject or modify recommendations of the independent commissions, provided that they provide a legitimate reason for doing so, supported by a proper, factual foundation.
The government response to the commission's report addresses the substance of the commission's recommendations fully, fairly and objectively. It is consistent with promoting the effectiveness of the commission process, depoliticizing the establishment of judicial salaries and preserving judicial independence.
Bill C-17 reflects the government response. The bottom line is that this government is prepared to accept all the commission's recommendations, with two modifications. First is the recommended salary increase. Second is the proposal on legal costs for the judicial organizations. On that issue the government's bill takes the same approach as former Bill C-51.
The government has decided to depart from the commission's recommendation of a 10.8% salary increase. Instead, the government is prepared to support a salary increase of 7.25%, or $15,700 per year, retroactive to April 1, 2004, plus an annual cost of living increment. The reasons why we believe 7.25% is an appropriate increase are fully explained in the government's response, which as I mentioned was presented on May 29.
Statements by members of at least two of the opposition parties following the tabling of this bill indicate that they take issue with the government's modified salary proposal. Although they did not expressly say so, they call for the implementation of the commission's salary recommendation for a 10.8% increase. They say that to do otherwise would undermine the important constitutional principles involved in the process.
Those who make this assertion have clearly failed to read or at least to fully understand the decisions of the Supreme Court of Canada in the Bodner case, as I already referred to, or in the P.E.I. judges case. As I have indicated, the Supreme Court has made it clear that governments are not bound by commission recommendations, provided that any modification is rational and the integrity of the process is respected.
As or more importantly in these circumstances, when more than two years have passed since the commission report, the process requires us to move as quickly as possible. Yet the opposition parties, while exhorting the importance of the principles, are obstructing the expeditious consideration and resolution of the bill by Parliament. They are doing it right now by insisting on a debate on referral rather than agreeing to have the committee take this up immediately.
The former Liberal government allowed Bill C-51 to languish in the House. Now in opposition the Liberals are continuing to obstruct speedy consideration of the merits of the commission report and recommendations. While the New Democratic Party has called on the government to fully and immediately implement the commission recommendations, it has insisted on this five hour debate rather than see the bill immediately referred to committee.
It is difficult to tell whether members are arguing for no salary increase for judges or for us to simply hand over all of our parliamentary duties to the commission. If opposition parties wish to propose amendments whether to increase the salary proposal to 10.8% or to restrict it to the cost of living, referral before second reading provides the greatest scope. We have clearly stated in our response that it will be for parliamentarians to decide whether the increase should be 7.25%, 10.8%, or some other number, once they have fully considered the matter.
If the opposition parties truly recognize the importance of the constitutional framework governing judicial compensation, they, like the government, will want to fully discharge their parliamentary responsibilities under section 100 of the Constitution.
Under our Constitution it is the government which establishes judicial compensation. That is our job. Therefore, we call on parliamentarians to carefully discharge their important constitutional responsibilities in an informed and respectful fashion in light of the constitutional and statutory principles that are engaged.