The Judicial Compensation and Benefits Commission was established under the Judges Act, R.S. 1985, c. J-1, as amended. Subsection 26(l) of that Act sets out the mandate of the Commission, in the following language:

The Judicial Compensation and Benefits Commission is hereby established to inquire into the adequacy of the salaries and other amounts payable under this Act and into the adequacy of judges' benefits generally.

In conducting its inquiry under subsection 26(l), the Commission is obliged under the Act to consider:

(a) the prevailing economic conditions in Canada, including the cost of living, and the overall economic and current financial position of the federal government;

(b) the role of financial security of the judiciary in ensuring judicial independence;

(c) the need to attract outstanding candidates to the judiciary; and

(d) any other objective criteria that the Commission considers relevant.

The inquiry of the Commission is now underway. It is required under subsection 26(2) of the Act to submit its report, containing the Commission's recommendations, to the Minister of Justice of Canada by May 31, 2004.

The Act also authorizes the Minister of Justice, at any time, to refer a matter mentioned in subsection 26(l) to the Commission for its inquiry. In this event, the Commission is required to submit a report on the referral, containing its recommendations, to the Minister of Justice within a period fixed by the Minister after consultation with the Commission.

Modified: 2003-11-17