The federal government has declined a proposal from an independent body recommending a raise of $28,000 to $36,000 for federal judges. In a detailed response released on Monday, the government expressed disagreement with the findings of the Judicial Compensation and Benefits Commission and stated that it cannot justify the salary increases at this point. The government clarified that its disagreement does not criticize the commissioners or their process but is based on the current challenging financial situation in Canada and a differing perspective on the evidence presented to the commission.
This decision was made by the Department of Justice in response to the Report of the 7th Judicial Compensation and Benefits Commission issued on July 11. The government highlighted the impact of U.S. tariffs and the obligation to meet Canada’s NATO defense spending commitment as contributing factors to their decision.
Federal judges currently earn over $396,700 annually. The government emphasized that judges already receive yearly salary increments through the Industrial Aggregate Index and stated that judicial salaries are sufficient and cannot be a source of new fiscal expenditure during a time of comprehensive spending review.
The commission recommended increasing judicial salaries by $28,000, excluding statutory indexing, and raising associate judge salaries from 80% to 95% of puisne judge salaries. While the commission’s recommendations are not binding, it plays a crucial role in setting the salaries of judges on superior courts, the Federal Court, and the Supreme Court of Canada.
The government disputed the commission’s assertion that judicial salaries pose challenges in attracting qualified candidates to the bench from the private sector. It argued that judicial vacancies had decreased by the beginning of 2025 and highlighted the steady long-term growth in judicial salaries, exceeding increases in the cost of living, with expectations of continued growth in the next four years.
Sen. Pierre Dalphond, former head of the Canadian Superior Court Judges Association, stated that the judges have the final say on whether to challenge the government’s response. Dalphond recalled a similar situation in the mid-2000s when the Harper government also rejected recommended raises. He expressed skepticism towards the government’s arguments, noting the substantial increase in military spending this year but acknowledged the successful recruitment of judges from large law firms, indicating that current salaries are competitive in attracting top talent.