The Judicial Compensation and Benefits Commission is a Canadian commission that recommends judicial salaries for federally appointed judges. The commission was created in 1999 by the government of

Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...

Jean Chrétien Joseph Jacques Jean Chrétien (; born January 11, 1934) is a Canadian lawyer and politician who served as the 20th prime minister of Canada from 1993 to 2003. Born and raised in Shawinigan Falls, Quebec, Chrétien is a law graduate from Uni ...

, under the Judges Act. This was prompted by the ''

Provincial Judges Reference The ''Reference re Remuneration of Judges of the Provincial Court (P.E.I.)'' 9973 S.C.R. 3 is a leading opinion of the Supreme Court of Canada in response to a reference question regarding remuneration and the independence and impartiality of pr ...

'' (1997), an opinion by the Supreme Court of Canada, although the federal government itself was not bound by this opinion. The Reference had stated that independent commissions are needed to ensure salaries are free of political manipulation. This was based in the principle of

judicial independence Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inte ...

, said to be implied by the

preamble A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subj ...

of the ''

Constitution Act, 1867 The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 186 ...

''. The government accepted the Reference's suggestion that such commissions are necessary and must be "Independent, objective and effective."Backgrounder: Government's Response to the Judicial Compensation and Benefits Commission
," Department of Justice Canada, URL accessed 27 August 2006. Members have tenure for four years and make a report with recommendations every four years. This report is given to the

Minister of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in ...

. The first commissioners were Richard Drouin, Eleanore Cronk and Fred Gorbet. Later commissionerts included Gretta Chambers.Judicial Compensation and Benefits Commission
," Canada, URL accessed 27 August 2006;

" Canada, URL accessed 27 August 2006. The government receives recommendations and may give reasons accepting them or rejecting parts. The government pointed to the Supreme Court's 2005 decision '' Provincial Court Judges' Assn. of New Brunswick v. New Brunswick (Minister of Justice)'' to show recommendations do not need to be followed entirely.

References

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External links

Website of the Judicial Compensation and Benefits Commission
1999 establishments in Canada Government of Canada