The Applicant Association sought judicial review of the Province’s decision to substitute its own compensation package for provincial judges for that recommended by the 2003 Judicial Compensation Commission. The court held that while the Province’s action met the “rationality” test, the Province had not demonstrated that exceptional circumstances existed such that it could reject the Commission’s recommendations. The court therefore allowed the judicial review to the extent of providing the Province with 90 days to reconsider the Commission’s recommendations and to justify its rejection on the ground of exceptional circumstances.

26. October 2004 0
Administrative law – Remuneration of judges – Judicial Remuneration Commission – Recommendations – Government rejection – Simple rationality standard – Judicial review – Decisions reviewed – Ministerial orders Alberta Provincial Judges’ Assn v. Alberta, [2004] A.J. No. 936, Alberta Court of Queen’s Bench, August 20, 2004, MacCullam J. The Alberta Provincial Judges Association sought judicial review ...

The Provincial Court Judges’ Association of New Brunswick (the “Association”) appealed the lower court’s decision that the Government of New Brunswick had justified its decision to reject the recommendations of a judicial remuneration commission on salary increases, according to a standard of simple rationality. On appeal, it was upheld that the recommendations of a judicial remuneration commission were not binding on government; however, if a government chose to reject them, it had to justify its decision on a standard of simple rationality. Although the Government’s reasons for rejecting the salary recommendation were expressed in recitals, thus exacerbating the difficulty of applying any review standard, it was held that with respect to the parity argument (parity with judges of the Court of Queen’s bench) and attracting qualified applicants, the Government’s decision to reject the Commissioner’s salary recommendation met the simple rationality test.

28. October 2003 0
Administrative law – Remuneration of judges – Judicial Remuneration Commission – Recommendations – Government rejection – Simple rationality standard Provincial Court Judges’ Assn. of New Brunswick v. New Brunswick (Minister of Justice), [2003] N.B.J. No. 321, New Brunswick Court of Appeal, August 20, 2003, Turnbull, Larlee and Robertson JJ.A. The government of New Brunswick appointed ...