Canadian Lawyer

May 2016

The most widely read magazine for Canadian lawyers

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w w w . C A N A D I A N L a w y e r m a g . c o m M A Y 2 0 1 6 9 act on it since it had granted only three per cent to all other employees. The committee's report is not bind- ing; nevertheless, the government said it would follow its recommendation. The increase, however, will not be enough to close the gap with the salaries of their colleagues from other provinces, a difference of 23.6 per cent with the average revenue of other provinces' Crown prosecutors, and 17 per cent with federal Crowns, according to the report. As required, the committee did take into account the state of the prov- ince's collective wealth and its cost of living. After readjustment, the gap was brought down to 12.2 per cent and 11.9 per cent, respectively. Its members noted that the parties' stands were diametrically opposed. The Crowns' association demanded an immediate 23-per-cent raise to catch up with other provinces, while the government's offer was what it gave the other public servants: zero per cent, zero per cent, one per cent, one per cent, and one per cent over the next five years. "Crown prosecutors have a unique and special status in the public service, considering the quasi-judiciary nature of their functions and the scope and importance of the discretionary powers they have in our justice system. Both legislators and judges have recognized these particularities. The government has also recognized them in the letter of intention that led to the law that created this committee and established a special process to determine the prosecutors' salaries, similar to the one used for judges, while banning the right to strike or to lockout," wrote the committee. The committee also states that nothing justifies that Quebec Crowns be paid less than their colleagues from other jurisdictions, especially since they have to deal with more complex cases related to drug offences (except for major cases stemming from an RCMP probe), which is not the case in other provinces, (except in New Brunswick) where drug-related cases are handled by the Attorney General of Canada. This situation is significant as it impacts the creation of mega-trials, in which the prosecution face a multitude of accused and their respective lawyers in exceptionally long and complex procedures and where the challenge of managing the evidence is a titanic task. (During the 2011 crisis, the media reported that the resigning chief pros- ecutor of the organized crime bureau had said that Quebec did not have the resources to seriously fight organized crime and that the task should be handed to federal prosecutors.) According to La Presse, the Crown attorneys' salary will have increased by 50 per cent over the last 15 years. — PASCAL ELIE pascalelie636@gmail.com \ AT L A N T I C \ C E N T R A L \ W E S T REGIONAL WRAP-UP MATTER CREDENTIALS TORONTO I BARRIE I HAMILTON I KITCHENER 1-866-685-3311 www.mcleishorlando.com A Noticeable Difference ™ Choosing a personal injury lawyer is one of the most important decisions an injured person will make. Help your client ask the right questions: Is the lawyer? I Untitled-1 1 2015-05-13 4:13 PM

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