The federal government has declined proposed salary increases for federal judges recommended by an independent body, which sought raises ranging from $28,000 to $36,000.
In the official response released on Monday, the government stated its disagreement with the findings of the Judicial Compensation and Benefits Commission, citing an inability to justify the salary hikes at this point. The government emphasized that the disagreement was not a critique of the commission but rather a reflection of the challenging financial outlook in Canada.
This decision was made just before the scheduled presentation of the initial budget by Prime Minister Mark Carney’s administration, which is anticipated to reveal a substantial deficit. Currently, federal judges earn a minimum of $396,700 per year.
The response from the Department of Justice was a reaction to the 7th Judicial Compensation and Benefits Commission’s report issued on July 11. The decision referenced the impact of U.S. tariffs and the necessity to fulfill Canada’s NATO defense spending commitment.
While acknowledging that judges already receive annual salary increments through the Industrial Aggregate Index, the government asserted that judicial salaries are sufficient and cannot be increased amid ongoing expenditure reviews that may involve potential public sector job cuts.
In contrast, the commission argued that the current yearly salary adjustments are insufficient. It proposed increasing the base salary for most federal judges from $396,700 to $424,700 and elevating chief justices’ salaries from $435,000 to $465,700.
Although the commission’s recommendations are not binding, it plays a crucial role in establishing salaries for judges serving on superior courts, the Federal Court, and the Supreme Court of Canada. Instituted in the late 1990s following a Supreme Court ruling to safeguard judicial independence, especially concerning compensation matters, the commission’s mandate includes making salary and benefits recommendations every four years.
The government disputed the commission’s assertion that judicial salaries pose significant challenges in attracting qualified private sector individuals to the judiciary. It contended that judicial vacancies experienced other factors, such as the federal election in 2021, and that the number of vacancies had decreased below historical averages by early 2025.
Furthermore, the government highlighted the consistent long-term growth in judicial salaries, surpassing the rise in the cost of living, with this trend anticipated to continue over the next four years. Senator Pierre Dalphond, a former head of the Canadian Superior Court Judges Association, expressed skepticism about the government’s rationale, noting that adhering to the commission’s recommendations would cost an estimated $30 million to $40 million annually.
Dalphond acknowledged the recent success in recruiting judges from prominent law firms, indicating that the current salary levels are attractive to high-caliber candidates.