Judges are overreaching

British Columbia’s judges want to see normally secret cabinet documents as they challenge the provincial government over their pay. They are overreaching, and the government should fight back.

The B.C. Supreme Court has ordered Attorney General David Eby to turn over the document the government used when it decided on pay and benefits for judges. Eby and the government should appeal the ruling.

The Judicial Compensation Commission is appointed every three years to make recommendations on pay for judges. Last year, the government rejected a recommendation to increase salaries by 11.48 per cent to $281,251 by April 1, 2019. Instead, it proposes an increase of 7.02 per cent by 2019.

The judges argue that by failing to follow the standards of the Judicial Compensation Act, the government is undermining the independence of the judiciary.

However, judicial independence in Canada doesn’t mean that judges are a separate branch of government, as they are in the U.S. The administration of the judicial system is the responsibility of the attorney general, according to the B.C. Attorney General Act. There is no separation of powers in the Canadian Constitution Act.

The Supreme Court of Canada has ruled that judicial independence extends only to matters involving the adjudication of individual cases and the tenure of judges. Their pay is the purview of the government.

The confidentiality of cabinet documents is an important principle in government decision-making. It should be breached only if there is a compelling public interest. The judges’ pay dispute is not a compelling public interest.