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the legislature. A judicial review was
conducted by Justice Christopher Grauer
(Provincial Court Judges' Association of
British Columbia v. British Columbia
(Attorney General), 2016 BCSC 1420). At
the time of his judgment, which found
little to support the rejection of some
recommendations, the JCC's 2016 review
was in full swing, landing before the AG
and chief judge in 2017.
The AG recommended that eight
of the 2016 10 recommendations
be accepted, but they rejected an
11.48-per-cent increase over three
years upping wages to $281,251 and
100-per-cent of the judges' cost in par-
ticipating in the commission process.
Instead, the AG recommended to the
legislature a 7.02-per-cent increase to
a $270,000 wage by April 1, 2019 and
adherence to a formula in the Judicial
Compensation Act.
The NDP government filed its rec-
ommendations in the legislature with a
report entitled "Government's Proposed
Response to the Report of the 2016
Judicial Compensation Commission"
outlining points that the JCC failed to
take into consideration when setting
compensation goals. It also set out that
the Supreme Court of Canada has stat-
ed that "government retains the power
to depart from the recommendations
as long as it justifies its decision with
rational reasons." Both the NDP and the
Liberal opposition approved the 2017
recommendations.
By December 2017, the PCJA filed
a petition asking the court to set aside
legislative acceptance.
The PCJA stated in reasons that gov-
ernment, while not bound by the JCC
report, can't vary unless it articulates
a legitimate reason, has reason based
upon facts and the process sustains the
commission's independence. The PCJA
felt the government fell short on the
three criteria in the 2016 report.
On March 2 of this year, according
to court documents, the PCJA asked
the AG to produce a copy of what is
described as "the Cabinet submission
relied on in formulating the govern-
ment's response" document that went to
the legislature.
"When the document was not
produced to the respondent (PCJA),
application was made to the court for its
production," according to reasons. The
application was heard before a master in
June, a judgment rendered in July (2018
BCSC 1193) with Master Leslie Muir
ordering the document released. The
AG appealed the order before the B.C.
Supreme Court and, in August, Hinkson
rendered reasons (2018 BCSC 1390)
dismissing the appeal. An expedited
BCCA hearing was set for Sept. 17, with
a decision thereafter.
At press time, the office of B.C.'s chief
provincial court judge declined to grant
an interview request with PCJA president
Judge Mayland McKimm, sending an
email stating: "It would be inappropriate
to comment further as the case was before
the courts." Counsel for the AG and the
AG's office also refused comment.
– Jean Sorensen
R E G I O N A L W R A P
ntitled-7 1 2018-07-13 10:44 AM
