Alberta rejects judge pay raise recommended by independent commission

The Alberta government is rejecting a recommendation by a 2017 independent commission that would see salaries for provincial court judges increase by $24,500 over four years. 

The 2017 Alberta Judicial Compensation Commission recommended the salaries for about 160 provincial court judges and Court of Queen's Bench masters increase to $318,500 by March 2020. 

The Alberta government, under Premier Jason Kenney, has decided the province can't afford these raises. An order-in-council passed in cabinet on Friday will keep salaries at their current level of $293,991 until March 31, 2021. 

"Alberta appreciates the work of the Judicial Compensation Commission and has thoroughly reviewed and considered its recommendations," Justice Minister Doug Schweitzer said in a written statement provided to CBC News. 

"For the many reasons outlined in the order in council, including the province's current debt problem, Alberta does not support increasing salaries for provincial judges and Queen's Bench Masters in Chambers. 

"Increasing judicial salaries from their current level of almost $300,000 a year fails to adequately reflect the serious fiscal challenges facing the province."

Still highest paid

The salary recommendations were rejected in a 33-page order in council, released Monday, which claims the commission erred in recommending the pay increases, by being too optimistic about Alberta's future financial situation and the severity and the length of the 2016 recession. 

"The 2017 Commission incorrectly reached the conclusion that increases in salary were required in order to maintain judicial independence," the order in council reads. 

"The evidence shows that Alberta judges were the highest paid provincial court judges in the country in 2016–2017 and, remaining at the same salary level, they will likely continue to be among the highest paid through March 31, 2021."

The order in council also notes that Alberta judges pay lower taxes compared to their colleagues in other provinces. 

The government is arguing the commission made additional errors in coming to its conclusions, including a decision to place more weight on a positive economic assessment on the length of the recession by the expert for the Alberta Provincial Judges' Association over the more sober assessment offered by two government economists. 

The decision could land the province in court.  According to the government's website, the Supreme Court of Canada found in 1997 that governments have a constitutional obligation to set salaries for judges through an independent commission. 

The pay increases recommended in the 2017 commission were: $296,382 on April 1, 2017; $302,304 on April 1, 2018; $309,500 on April 1, 2019; and $318,500 on April 1, 2020.