The Judicial Compensation and Benefits Commission was established under s. 26 of the Judges Act to inquire, at every four years, into the adequacy of the salaries and other amounts payable to federally appointed judges under the Act, and into the adequacy of judges’ benefits generally.
The first Quadrennial Commission was established in September 1999, with subsequent Commissions in 2003, 2007, 2011, 2015 and 2020. This is the seventh Commission.
The Commission consists of three members appointed by the Governor in Council. One member is nominated by the judiciary, and in the case of this Commission that member is Mr. Douglas Hodson. The second member is nominated by the Minister of Justice and Attorney General of Canada. In this instance, tat member is Mr. Graham Flack. These two members together nominated Ms. Anne Giardini, O.C., O.B.C., to act as the Chair of the Commission.
Pursuant to the Judges Act, the Commission must submit a report containing its recommendations to the Minister of Justice of Canada, who shall respond to the report within four months after receiving it.
In conducting its inquiry, the Commission examines the various submissions it receives keeping in mind the following factors:
- the prevailing economic conditions in Canada, including the cost of living, and the overall economic and current financial position of the federal government;
- the role of financial security of the judiciary in ensuring judicial independence;
- the need to attract outstanding candidates to the judiciary; and
- any other objective criteria that the Commission considers relevant.