Reference re Remuneration of Judges of the Provincial Court information
Supreme Court of Canada case
Reference re Remuneration of Judges of the Provincial Court
Supreme Court of Canada
Hearing: December 3–4, 1996 Judgment: September 18, 1997
Full case name
Reference re Remuneration of Judges of the Provincial Court of Prince Edward Island; Reference re Independence and Impartiality of Judges of the Provincial Court of Prince Edward Island
The independence and impartiality of the judiciary is protected under the Charter of Rights and Freedoms
Court membership
Chief Justice
Chief Justice Antonio Lamer
Puisne Justices
Claire L'Heureux-Dubé, Charles Gonthier, Peter Cory, Frank Iacobucci, John Sopinka, Gérard La Forest
Reasons given
Majority
Chief Justice Antonio Lamer, joined by Claire L'Heureux-Dubé, Charles Gonthier, Peter Cory, Frank Iacobucci, John Sopinka
Dissent
Gérard La Forest
The Reference re Remuneration of Judges of the Provincial Court (P.E.I.)[1] [1997] 3 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 provincial court judges. Notably, the majority opinion found all judges are independent, not just superior court judges and inferior court judges concerned with criminal law, as the written constitution stipulates. Unwritten constitutional principles were relied upon to demonstrate this, indicating such principles were growing in importance in constitutional interpretation. The reference also remains one of the most definitive statements on the extent to which all judges in Canada are protected by the Constitution.
The majority opinion established that independent compensation commissions are required to help set salaries free of political manipulation. These commissions, described by the majority as "an institutional sieve"[2] and by the dissent as "a virtual fourth branch of government", make recommendations that governments may deviate from only with rational explanations. However, the reference has been subject to harsh published criticisms.
^Canada, Supreme Court of (2001-01-01). "Supreme Court of Canada - SCC Case Information - Search". scc-csc.lexum.com. Retrieved 2020-04-06.
^Lamer C.J., para. 170.
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