We use cookies to give you the best online experience. By using our website you agree to our use of cookies in accordance with our cookie policy. Learn more here.Close Me
The Saint-Jean-Baptiste long weekend ended with frustration for
judges sitting on the Tribunal Administratif du
Quebec(TAQ).
As this article outlines, TAQ judges recently walked out on
labour negotiations with the government. In early May, nine
out of the ten judges tasked with coordinating the negotiations
resigned from their administrative duties. Presently, the
matter is before the Quebec Court of Appeal, which has just
authorized the government to present a position paper by August
1st.
The TAQ dispute is the most recent in an increasingly long list
involving actors in the Quebec justice system and the Quebec
government. Just one week ago, the Quebec government and the
Association des jurists de l'Etat (a union which represents
government-employed lawyers and other legal professionals)
effectively ended their labour dispute by ratifying an agreement
reached in principle last year. These actors voted 85% in
favour of an agreement that sought to raise their compensation in
line with the Canadian average. Prior to that, a bitter
dispute between Crown Prosecutors and the government ended with the
government conceding to a 20% pay increase for the Crown
Prosecutors in exchange for these actors relinquishing their right
to strike.
Amid these grievances, Quebec judges have also been quietly
lobbying for increased remuneration. In March of last year, a
judicial compensation committee comprised of legal and financial
experts recommended a modest pay increase for provincially
appointed judges. As
this article states, there have been four such compensation
committees since 1998 (excluding this latest one). The Quebec
government, for its part, has been largely unresponsive to such
recommendations and, in the process, has strained its relationship
with actors in the Province's legal system. The
government has founded its reluctance on a platform of fiscal
restraint.
In light of the above, perhaps it is no surprise that pay lies
at the root of the TAQ judges' discontent. Citing the
growing discrepancy between their remuneration and that of
provincially appointed judges, the judges are demanding the
creation of an independent committee to review the judges'
remuneration packages.
According to
this article, provincial and municipal court judges were paid
just over $220,000 and $191,000 on average respectively in
2010. By contrast, TAQ judges receive lower salaries on
average and, in some instances at least, salaries are actually
decreasing. One TAQ judge recently disclosed that he earned
$126,000 in 2009 but now only earns $118,000.
Some commentators feel that this most recent dispute has further
entrenched the acrimonious relationship between the Quebec
government and its principle legal actors.
As one critic has noted, "(t)he signals sent by the
government is that justice plays a rather relative role in the
Quebec state." For members of the TAQ, their next move
will likely have to wait until after the government files its
position paper on August 1st.
About Fraser Milner Casgrain LLP (FMC)
FMC is one of Canada's leading business and litigation law
firms with more than 500 lawyers in six full-service offices
located in the country's key business centres. We focus on
providing outstanding service and value to our clients, and we
strive to excel as a workplace of choice for our people. Regardless
of where you choose to do business in Canada, our strong team of
professionals possess knowledge and expertise on regional, national
and cross-border matters. FMC's well-earned reputation for
consistently delivering the highest quality legal services and
counsel to our clients is complemented by an ongoing commitment to
diversity and inclusion to broaden our insight and perspective on
our clients' needs. Visit:
www.fmc-law.com
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The Supreme Court of Canada has recently released its latest decision concerning the duty of the Crown to consult with Aboriginal Peoples in connection with resource development in a recent case.
While much of the developed world struggles with debt and chronically low growth, Canada, one of the best-performing members of the G-7, remains on firmer footing.
The Government of Newfoundland and Labrador has recently released its updated "Aboriginal Consultation Policy on Land and Resource Development Decisions".
In the latest important decision from the Supreme Court of Canada on aboriginal law, the court held that individual members of an Aboriginal group cannot invoke "self-help" remedies, such as blockades—when claiming that the government breached its duty to consult the Aboriginal group before making a decision affecting the group.
The Government of Alberta has recently released a revised draft of its First Nations consultation policy, corporate guidelines and consultation matrix for review and comment.
Toronto Mayor, Rob Ford kept his job this month as a result of the Divisional Court’s reversal of a decision which had found him in breach of the "Municipal Conflict of Interest Act".
