Proposed Amendments to Provincial Court Act

Justice Minister Jim Smith today proposed amendments to the Provincial Court Act. The amendments would establish a tribunal to recommend the appropriate level of salary and benefits for provincial and family court judges.

The amendments would ensure Nova Scotia complies with a recent Supreme Court of Canada decision regarding the setting of salaries and benefits for provincially appointed judges. The high court ruled that for provincial courts to be considered constitutional, independent commissions had to set the salaries of judges.

"The independence of the judiciary is a cornerstone of our judicial system," said Dr. Smith. "This legislation responds to the requirements of the decision, and protects and maintains that independence."

When making recommendations for compensation, the tribunal would consider:

• the unique nature of the judges' role
• the need to attract excellent candidates
• the need to provide fair and reasonable compensation for judges in light of the economic conditions of the province
• any relevant submissions made to the tribunal
• the salaries and benefits provided to judges in other jurisdictions.

The tribunal's recommendations would be binding.

The tribunal would consist of a representative appointed by the Provincial Court Judges' Association, a representative appointed by the justice minister, and a chair agreed upon by both parties. If a chair cannot be agreed upon, the dean of the Dalhousie Law School would appoint an individual to the position after consulting with the minister and the judges' association. The individuals would serve for three years.

Any member of the public would be able to attend a hearing of the tribunal, or provide a written submission. The report of the first tribunal would be submitted to the minister by March 1, 1999. It would recommend salary levels, per diem payments, vacation, and pension and sick-leave benefits for provincially appointed judges, including the chief judge and the associate chief judge of each court.

The amendments would replace the existing mechanisms for a salary tribunal as outlined in the Provincial Court Act.

<b>Text of Provincial Court Act (amended) (Bill No. 68)</b>