The prothonotaries of the Federal Court sought judicial review of a decision of the federal Minister of Justice rejecting virtually all the recommendations made in a Report of the Special Advisor on Federal Court Prothonotaries’ Compensation. The Federal Court dismissed the application for judicial review, on the basis that the primary reason given in the Minister’s Response, regarding significant changes in economic conditions, was reasonable. However, the Court also found that the Response and its reasons did not respond appropriately to the recommendations of the Special Advisor, and did not meet constitutional requirements for appropriate recognition of judicial independence.

27. October 2009 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Judges – Remuneration of judges – Special Advisor – Recommendations – Government rejection – Employment law – Judicial review aplication Aalto v. Canada (Attorney General), [2009] F.C.J. No. 969, Federal Court, August 28, 2009, MacKay D.J. The office of prothonotary was created by the ...