Government of Alberta News Release


FOR RELEASE: Wednesday, August 26, 1998

Lieutenant Governor in Council responds to Judicial Compensation Commission

EDMONTON-The Lieutenant Governor in Council accepts the recommendations of the Judicial Compensation Commission with modifications in the areas of salary and pension. Annual base salaries for Provincial Court judges will be raised to $125,000 retroactive to

April 1, 1998, instead of $142,000 as the commission recommended. Judges will be required to contribute seven per cent of annual salaries to their pension plan instead of nine per cent as recommended. A further salary increase will take effect April 1, 1999, based on the average weekly earnings for Alberta as reported by Statistics Canada. Full details of the response to the Judicial Compensation Commission's recommendations and the reasons for modification (as outlined in the Order in Council) are provided on the attached pages.

"This compensation package is fair and reasonable," said Justice Minister Jon Havelock. "It's a good compromise between the recommendations of the Judicial Compensation Commission and this government's commitment to Albertans to maintain fiscal responsibility. I believe that Alberta is well served by the members of the Provincial Court and this package recognizes the court's importance and strength in this province."

The compensation package gives Alberta Provincial Court judges the fifth highest pay among their counterparts across Canada. A comparison of Provincial Court judges' salaries in other provinces is attached.

Havelock is pleased to have the Lieutenant Governor in Council's position on judicial compensation finalized well before the Supreme Court deadline of September 18, 1998. Canada's highest court gave all provinces one year, following its decision last September, to determine appropriate judges' salaries through an independent process.

Chaired by E. Susan Evans, Q.C., Alberta's three-member Judicial Compensation Commission was established March 3, 1998, to publicly examine Provincial Court judges' pay, pension and benefits. Other commission members included Louis D. Hyndman, Q.C. (representing the Alberta Government) and Roderick A. McLennan, Q.C. (representing the judiciary).

Havelock said he appreciates the extensive work the commission did in reviewing judicial compensation. "The report was very thorough and submitted on time. Commission members deserve much of the credit for ensuring that Alberta was able to meet the Supreme Court deadline on this issue," he said.

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For further information contact:

Peter Tadman - Justice Communications - Phone: (403) 427-8530

Minister of Justice and Attorney General - Phone: (403) 427-2339



Detailed Response to Recommendations of Alberta's Judicial Compensation Commission          



Recommendation                       Response                        Current Status          



A. Salaries                                                                                   



The commission recommends that,                                                               

effective April 1, 1998:                                                                      



judges of the Provincial Court of     Decision: increase base       Provincial Court judges earn    

Alberta receive an annual salary      annual salary to $125,000     an annual salary of $113,964.   

of $142,000;                          April 1, 1998.                                             

                                                                    The Chief Judge receives an     

the Chief Judge of the Provincial     Decision: accept              additional $14,256.             

Court of Alberta receives             recommendation.                                            

annually $15,000 in addition to                                                               

his annual salary as a judge; and                                                             

                                                                    Assistant Chief Judges get an   

Assistant Chief Judges receive        Decision: accept              extra $7,128.                   

annually $7,500 in addition to        recommendation.                                            

their salaries.                                                                               



The commission further recommends                                                             

that, effective April 1, 1999:                                                                



judges of the Provincial Court of                                                             

Alberta receive an annual salary      Decision: further                                          

of $152,000.                          increase salary April 1,                                   

                                      1999 according to the                                      

                                      average weekly earnings                                    

                                      for Alberta, as reported                                   

                                      by Statistics Canada                                       

                                      survey of employment                                       

                                      payroll and hours for the                                  

                                      period from January 1,                                     

                                      1998 to December 31,                                       

                                      1998.                                                      







Detailed Response to Recommendations of Alberta's Judicial Compensation Commission          



Recommendation                        Response                      Current Status                  



B. Pensions                                                                                   



The commission recommends that,                                                               

effective April 1, 1998:                                                                      



the pension plan be made              Decision: reduce              Provincial Court judges do not  

contributory, with judges             contribution rate to 7%       contribute to their current     

contributing at the rate of 9% of     of annual salaries for a      pension plan.                   

annual salaries for a maximum of      maximum of 25 years.                                       

25 years;                                                                                     



benefits under the plan accrue at     Decision: accept              Pension benefit entitlement is  

the annual rate of 2.67% of           recommendation.               2% per year of service to a     

judges' salaries;                                                   maximum of 35 years.            



the calculation of benefits on        Decision: accept              Pension is based on maximum of  

retirement be based upon the          recommendation.               $86,111 per year as capped by   

judges' average salary over the 3                                   Revenue Canada.                 

consecutive years of service                                                                  

during which the salary was the                                                               

highest;                                                                                      

                                                                    Early retirement available at   

provision be made in the plan for     Decision: accept              55 with at least 5 years of     

early retirement without penalty,     recommendation.               service, where combined age     

if vested, at age 65 or after,                                      and years of service equal at   

provided that the sum of the                                        least 80. Also at age 60        

retiree's age and years of                                          without 80 factor.              

pensionable service equals at                                                                 

least 80;                                                                                     

                                                                    Pension benefits reduced by 3%  

pension benefits for post-1998        Decision: accept              per year for every year the     

service be reduced by 3% for          recommendation.               judge retires before the age    

every year the judge retires                                        of 60 or for every year less    

before the age of 65 or for every                                   then the total of the judges'   

year less than the total of the                                     age in years plus years of      

judge's age in years plus years                                     pensionable service deducted    

of pensionable service deducted                                     from 80 years, whichever is     

from 80 years, whichever is                                         lesser.                         

greater; and                                                                                  

                                                                    Maximum benefit is achieved     

the plan provide that the years       Decision: accept              after 35 years of service.      

to maximum benefit be 25 years.       recommendation.                                            







Detailed Response to Recommendations of Alberta's Judicial Compensation Commission          



Recommendation                        Response                      Current Status                  



C. Other benefits                                                                             



The commission recommends that,                                                               

effective April 1, 1998:                                                                      



long term disability coverage be      Decision: accept              Long term disability only       

extended to judges of the             recommendation.               provided until judges reach     

Provincial Court to age 70; and                                     65.                             



long term disability coverage         Decision: accept              Benefits are limited to $6,500  

should not be limited to $6,500       recommendation.               per month or $78,000 per        

per month or $78,000 per annum                                      annum.                          

(should be limited to 70% of                                                                  

salary).                                                                                      







    Comparison of Provincial Court Judges' Salaries Across Canada     



                                                                       

Jurisdiction                                             Annual Salary 



British Columbia1                                             $134,000 



Ontario                                                       $130,810 



North West Territories                                        $130,307 



Yukon                                                         $129,234 



Alberta                                                       $125,000 



Nova Scotia1                                                  $124,000 



Quebec2                                                       $113,492 



Saskatchewan                                                  $112,961 



Prince Edward Island1                                         $112,934 



Newfoundland                                                  $102,000 



New Brunswick                                                 $100,800 



Manitoba                                                       $98,173 


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