OTTAWA — A recent report from a commission reviewing judicial compensation has determined that the current salary of $414,900 for federally appointed judges is insufficient to attract top legal talent. The commission recommends a salary increase of at least $28,000 to address this issue.

The report, presented to the House of Commons, states, "The current salary and benefits paid to judges are inadequate." It emphasizes the need for a salary boost to ensure that outstanding candidates are drawn to the judiciary.

The commission suggests raising salaries by $28,000 for regular judges in provincial superior and appellate courts, as well as federal courts. Chief justices would see an increase of $30,000, while the chief justice of the Supreme Court would receive a $36,000 raise. These adjustments would be retroactive to April 2024. Currently, most federally appointed judges earn $414,900, while Supreme Court justices make $494,100, with chief justices earning about $40,000 more.

Judges' salaries are indexed annually based on the industrial aggregate, which typically surpasses the Consumer Price Index. Additionally, the commission recommends increasing the salary of associate judges from 80% to 95% of a regular federally appointed justice's salary.

The report was submitted to Justice Minister Sean Fraser in July, who has four months to respond to the recommendations that affect over 1,200 judges. Implementing the proposed salary increases would cost the government more than $34 million.

Fraser faces a challenging decision as Prime Minister Mark Carney has directed departments to reduce their budgets by 15% in the coming years due to concerns over government spending. In a statement, Fraser's spokesperson, Jeremy Bellefeuille, indicated that the minister is reviewing the report and will provide a response in due course.

The commission's findings come amid an ongoing debate about whether judges' compensation is adequate to attract qualified legal professionals to provincial and federal courts. Judges' associations have argued for a $60,000 raise, retroactive to April 2024, to maintain the appeal of judicial positions. However, the federal government contends that the current salary and benefits, which include one of the best retirement plans in Canada, do not necessitate such a significant increase.

The commission's conclusion reflects a compromise. While it agrees that judicial salaries are too low to attract top candidates, it finds the proposed $60,000 increase excessive. The report states, "The Commission agrees with the Judiciary that the significant gap between judicial salaries and the private sector comparator warrants an increase to the current judicial salary; however, we do not agree with the amount of the increase proposed by the Judiciary."

A primary concern raised by both judges' associations and the commission is the declining number of highly qualified private-sector lawyers applying for judicial positions. This trend could lead to a shortage of necessary skills and expertise on the bench in the future.

The commission, led by Anne Giardini, noted that the diminishing interest in judicial roles could result in longer vacancies, echoing a crisis from 2023 when the judicial vacancy rate reached nearly 10%. The report warns that rising private sector incomes may deter qualified lawyers from pursuing judicial appointments.

Ontario Superior Court Chief Justice Geoffrey Morawetz highlighted this issue, stating, "An increasing number of qualified private practitioners no longer view a judicial appointment, considering its attendant responsibilities and benefits, as attractive in light of the resulting significant reduction in income."

The commission's recommendations aim to address these challenges and ensure that the judiciary remains an appealing career path for top legal talent.