Moldaver The Hon. Andromache Karakatsanis The Hon. Russell Brown The Hon. Malcolm Rowe The Hon. Sheilah L. Martin The Hon. Nicholas Kasirer The Hon. Mahmud Jamal. You will not receive a reply. For enquiries, please contact us. Judges can be removed by a joint address of Parliament or a provincial legislature, only after an independent and impartial investigation shows that there is good reason see Judicial Conduct, below.
Financial security Judges must be guaranteed sufficient compensation including salary and pension so they are not subject to pressure for financial considerations. Administrative independence No one can interfere with how courts manage the legal process and exercise their judicial functions.
For example, only the chief justice can choose how cases are assigned to the judges of his or her court. How are judges appointed? What training do judges receive? Judicial conduct Each jurisdiction in Canada has a judicial council that is responsible for promoting and administering professional standards and conduct. Relevant laws relating to the judiciary The manner in which judges are appointed and administered is governed by Part VII of the Constitution Acts of and and the Judges Act.
Report a problem on this page Please select all that apply: Something is broken. Provide more details optional :. The page has spelling or grammar mistakes. Members of the judiciary hold office during good behaviour. An appointment is therefore permanent and terminates only upon attainment of the age for compulsory retirement, which for all federally appointed judges is currently 75, or upon the resignation or removal of the judge from office.
A judge is entitled to annual leave, the timing of which is arranged in consultation with the Chief Justice of his or her court. Should a judge be absent from his or her duties for more than six months, the approval of the Governor in Council is required. A judge who has served 15 years in judicial office and whose combined age and number of years in office is not less than 80 has the right to retire with an annuity. In recognition of the long service required of members of the judiciary, and as an option to retirement, the Judges Act permits federally appointed judges who have served 15 years in judicial office and whose combined age and number of years in office is not less than 80, or who have attained the age of 70 and continued in judicial office for at least 10 years, to elect supernumerary status.
Judges who do so must hold themselves available to perform judicial duties assigned to them by the Chief Justice of the court of which they are members. Supernumerary judges are for all intents and purposes puisne judges of the court, and are entitled to the same salary, allowances and benefits as any other judge. Judges hold office during good behaviour, and are removable from office only for cause.
Complaints made against members of the judiciary are subject to investigation by the Canadian Judicial Council , a body comprised of all federally appointed Chief Justices, Associate Chief Justices of the provinces and Senior Judges of the Territories and presided over by the Chief Justice of Canada. A judge may be suspended from his or her judicial duties by the Chief Justice of the court pending completion of an inquiry by the Council into the conduct giving rise to a complaint.
However, the salary of the judge is guaranteed by the constitution, and cannot be withheld. Where the Council makes a finding of misconduct, it may make a recommendation to the Minister of Justice for removal from office.
A judge may be removed only upon a joint address of the Senate and House of Commons to the Governor General. The Constitution Act, recognizes the principle of the independence of the judiciary by imposing on Parliament, and not on the executive, the duty to fix and provide the salaries, allowances and pensions of superior court judges. As a consequence, judicial salary levels for all federally appointed judges are prescribed in Part I of the Judges Act. The adequacy of judicial salaries, pensions and benefits is reviewed every 4 years by the independent Judicial Benefits and Compensation Commission appointed by the Governor in Council.
The Commission is required to submit a report with its recommendations to the Minister of Justice which is also tabled in Parliament. The Minister must respond to the report within 6 months after receiving it. Judges must devote themselves exclusively to their judicial duties, and may not engage, directly or indirectly, in any business or occupation, either for themselves or for others. Members of the judiciary may, however, serve as commissioners, arbitrators and mediators where authorized by federal or provincial law.
Where they so act, they are not entitled to any additional remuneration, although they are entitled to reimbursement of travelling and other expenses reasonably incurred.
The Judges Act sets out the restrictions on employment and earnings in greater detail. The full amount of a judge's contribution to judicial annuities and supplementary benefits is deemed to be contributed to or under a registered pension fund or plan, pursuant to the Judges Act.
The entire contribution is therefore deductible in calculating federal income tax. There could be significant tax implications for a judge's first years in office, arising from the accumulation of income accruing upon the winding up of his or her professional practice and the receipt of his or her salary as a judge.
For example, those who practice as sole practitioners or in partnership should consider the tax implications of having to report income on a calendar year rather than on a fiscal year basis; of disposing of an interest in a partnership; and of income received upon the sale of various assets of their practice, such as accounts receivable, work in progress, depreciable and non-depreciable property, and goodwill. These, together with the Income Tax Act provisions relating to capital gains deductions and tax deferrals , are but some of the factors requiring careful consideration.
Reference should also be made to the Report on the Tax Treatment of Lawyers' Income on their Appointment to the Bench PDF Version , 42 KB , prepared by the Canada Revenue Agency, which is intended to inform lawyers appointed to the Bench, or who cease to practice their profession as proprietor or member of a partnership, of the tax implications of these changes. The various allowances described hereafter extend only to actual and reasonable expenses incurred by a judge when performing his or her duties.
Except for the removal and the representational allowances, these allowances are not intended to compensate for any additional cost related to such persons as a spouse or a child. Pursuant to the Judges Act , a removal allowance is paid to a person who is appointed a judge and is required to change his or her place of residence to assume judicial functions, and to a judge who is required to change his or her place of residence upon transfer or reassignment.
Pursuant to the Judges Act , a travel allowance is payable to a judge who, because of his or her duties, is required to travel outside the immediate vicinity of the place where he or she is by law obliged to reside. The travel allowance compensates for such costs as transportation, lodging, meals and other actual and reasonable expenses. Pursuant to the Judges Act , an allowance for incidental expenditures for each fiscal year is payable to a judge for reasonable incidental expenditures that the fit and proper execution of the office of judge may require.
Judges are reimbursed travelling, registration and other actual and reasonable expenses relating to their attendance at conferences, seminars and meetings with respect to the administration of justice.
The attendance of a judge must be approved by his or her Chief Justice. In lieu of attending an approved conference, a judge is entitled to be reimbursed the cost of acquiring written or recorded materials distributed for the purposes of any such meeting, conference or seminar.
A representational allowance is payable to the Chief Justice, each puisne Judge of the Supreme Court of Canada, the Senior Judge of the Supreme Court of Yukon, the Senior Judge of the Supreme Court of the Northwest Territories, the Senior Judge of the Nunavut Court of Justice, each regional senior judge of the Superior Court of Justice in and for the Province of Ontario or a judge acting in the place of one of the foregoing, who incurs expenses to meet extra-judicial obligations and responsibilities that devolve on a judge who occupies such a position.
A yearly allowance is payable to each judge of the Supreme Court of Newfoundland and Labrador resident in Labrador and each judge of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice as compensation for the higher cost of living.
Judges contribute a percentage of their salary towards their pensions. By virtue of the Judges Act , a judge may retire with a pension equivalent to two thirds of the salary annexed to his or her office. A pro-rated annuity is payable to a judge who ceases to hold office by reason of having attained the age of retirement 75 , but who has held judicial office for less than ten years. An immediate or deferred pro rated annuity is also payable to a judge who has attained the age of 55 years, has continued in judicial office for at least 10 years, and who elects early retirement.
Upon certain conditions, judges may also apply and receive the Canada Pension Plan retirement pension. Pursuant to the Judges Act , an annuity equal to one-third of the judge's salary, or one-half of the annuity granted to the judge under the Judges Act , is paid to his or her survivor. A survivor who married the judge or became a common-law partner after he or she ceased to hold office is not eligible for an annuity, unless the judge had previously elected for a reduced annuity as referred to above.
An annuity equal to one-fifth of the annuity granted to the survivor is granted to each natural, adopted or stepchild of a judge. If there is no survivor each child is granted two-fifths of the annuity that would have been granted to the survivor.
To receive an annuity, a child must be less than 18 years of age, or between 18 and 25 years of age and a full-time student substantially without interruption since he or she reached 18 or the judge died, whichever occurred later. Disability insurance as such is not required, since the judge's income is protected against the risk of disability either by obtaining a leave of absence with full salary or by resigning on grounds of ill health with full pension.
Judges and their dependants are entitled to hospital accommodation, in-hospital and other services, depending on their province of residence. This plan paid by the federal government covers a wide range of health costs not covered by provincial health plans for the benefit of judges and their dependants.
Coverage is also available to retired judges on an optional basis. Judges and their dependants are covered by the government paid dental care plan. This is compulsory for judges appointed after 31 July , and provides life insurance equal to twice the adjusted annual salary. Coverage is at the government's expense. A schedule sets out the benefits payable to the judge or beneficiary following a loss resulting from an accident and in addition to any life insurance payable.
The premium is government paid for judges who opt for this coverage. The premium is also government paid for judges who opt for this coverage. Judges can apply for supplementary life insurance equal to their adjusted salary, which brings the total amount of life insurance to three times adjusted salary while under the age of The amount of supplementary life insurance decreases after age Evidence of insurability satisfactory to the insurer is required for the additional insurance, and judges are responsible for the premiums.
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